Hello,
I manage restaurants and we sponsored a few visas so far. One of the workers, who has 5 year skilled worker visa (no need to re-apply for Skilled Visa extension before ILR) has a salary of 37,500gbp per year, and this is written in his COS.
However, minimum requirement to score points at the moment for visa for him is 26,200gbp. He was on 37,500gbp per year for 2 years already (as per his COS), and now with 3 years remaining, I wanted to increase his salary to 40,000gbp per year.
However, he has asked me if he can get his base salary down to 26,200 and get the rest of it (13,800) as tips (TRONC) as this will have better tax rate for him and it will make him significantly higher net pay.
He does not need to score salary points again (as his next application is for ILR), and he would still fill the criteria of minimum required base salary for his visa type.
Would this be possible, or the fact that his COS in 2021 stated 37,500gbp is an issue? Is COS something that needs to be followed at all times (although salary increase would theoretically break it anyway) or just having the required wage to score points and then getting the rest as service charge/bonus is ok?
Finally, is any of this even relevant for his ILR application?
Thanks!
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