Tier 2 salary threshold

[renebot]

Good day,
I hope you can help me. I am currently on a Tier 2 PBS visa and will have to extend it in May 2018. My question is that the salary thresholds have recently changed and will change again in April 2017. When I extend my visa which will be for the same company, same SOC, but new COS since I have to extend, will I have to abide with the new salary threshold? According to the Tiers 2 and 5: guidance for sponsors - version 11/16, here is what they say:
The minimum salary you must pay for a Tier 2 (General) migrant is £25,000 per year or the appropriate rate of pay for the job as stated in the ‘Codes of practice‘ whichever is higher, unless one of the exceptions in this section applies.
Important note: The Tier 2 (General) threshold for experienced workers will rise to £30,000 from 6 April 2017. Applicants who were initially granted leave to enter or remain with a CoS assigned before 24 November 2016 will continue to be subject to the £20,800 threshold, but there will be no transitional arrangement for those initially granted leave with a CoS assigned between 24 November 2016 and 6 April 2017 – they will be subject to the £30,000 threshold if they apply for extensions using CoS assigned from 6 April 2017 and none of the other exemptions given in the ‘Rates of pay section apply.
Hope to hear from you soon, thanks

[eduleal]

It will have to abide by the minimum threshold at the time when the new COS is issued.

Best way to see this is as an opportunity to discuss a pay raise with your employer.
That should always be plan A. When in doubt, ask them for the higher minimum.

[Atish]

Hi Eduleal,

I am still confused with the same topic. I am going to extend my visa next year in June 2017 as well. Do I need to have £30K minimum even though the salary mentioned in Code of Practise is lower than that? Is there any chance for me apply for my extension early (before April 2017) and be satisfied by having salary more than £25K? My sponsor haven't applied for the new COS yet. I haven't found any solid answer regarding my query from anyone yet. Please help.

Thanks,
Atish

[renebot]

Hi Eduleal,

Thank you for your response, I work for the NHS and there is no negotiation for existing staff....so I am in a bit of a pickle.....as I have just been promoted to within the same SOC and we had to investigate if I had to adhere to the salary threshold, where my employer was trying by all means not to give me that big of an increase...

My only hope would be to get a new sponsor where my salary would be appropriate then also, when applying for ILR 2 years thereafter my salary should be £36200...So I have to get the right job....anyone know of an opening for Software Test analyst that will offer a salary of £33k + and sponsorship?

thanks once again

[eduleal]

I am still confused with the same topic. I am going to extend my visa next year in June 2017 as well. Do I need to have £30K minimum even though the salary mentioned in Code of Practise is lower than that? Is there any chance for me apply for my extension early (before April 2017) and be satisfied by having salary more than £25K? My sponsor haven't applied for the new COS yet. I haven't found any solid answer regarding my query from anyone yet. Please help.

I find it slightly puzzling that you're hoping to be able to get away with a lower salary.
You should value yourself and your sponsor needs to understand that skilled Tier 2 workers are not meant to serve as cheap labour, especially if you have passed a real RLMT.
Use this opportunity for your own good.

It depends on when the COS is assigned.
If it's assigned in June and if the minimum then is 30k, there is no way around it. If it's assigned now and the minimum now is 25k, then there you go.

What's important is that you have a frank discussion with your employer that they need to pay you above the minimum. It's usually a small difference for a serious business and completely reasonable considering they've gone out of their way to hire a migrant...