Urgent question about change of salary while on Tier 2

GSOtodd · Post by **GSOtodd** » Sat Oct 24, 2009 1:20 pm

What would constitute a significant change in salary. There is a chance that my salary my decrease by 4,000 (I make 30,000 as a teacher) but my main job which is teaching will still be there, I just want have the extra responsibiliites that I gradually took on so my salary will decrease by 4,000 pounds (If this does happen). Would the home office still have to be notified and if so, would I have to go through another Labour market test? Would this be a significant change because I'll still be making 26,000 pounds. Or, do I worry to much?

taliska · Post by **taliska** » Sat Oct 24, 2009 4:41 pm

I don't think that will make much difference you still have good earnings. Â£26000 is a good salary inn England

Sushil-ACCA · Post by **Sushil-ACCA** » Sat Oct 24, 2009 6:37 pm

if u have house and no mortage to pay and yr other partner is also working

GSOtodd · Post by **GSOtodd** » Sat Oct 24, 2009 6:50 pm

well to be honest, right now I rent and only live by myself and live quite well, the only bills I pay are car payments, student loans, and rent.

blue.olive · Post by **blue.olive** » Mon Oct 26, 2009 12:10 pm

As long as your your job description doesnot change which was specified in the initial WP application you do not need to inform HO

and only other case where you need to inform HO is when you personal information is change, like your name, address or contact details

If you still working with same employer and there is no major change in main responsibilities , in my understanding you do not required to inform HO

Your salary can be raised without taking additional responsibilites in order to incorporate the inflation effect.

Regards
Olive

GSOtodd wrote:well to be honest, right now I rent and only live by myself and live quite well, the only bills I pay are car payments, student loans, and rent.

vignette · Post by **vignette** » Mon Oct 26, 2009 9:28 pm

The Tier 2 guidance for sponsors states that failure by a sponsor to pay a migrant AT LEAST the salary shown on their certificate of sponsorship (COS) will lead to the sponsor's licence being withdrawn (Para 457) http://www.ukba.homeoffice.gov.uk/sitec ... sguidance/

GSOtodd · Post by **GSOtodd** » Mon Oct 26, 2009 9:33 pm

if there are "significant changes" and like the other posters said, if my salary change is not significant, there is nothing to worry about.

GSOtodd · Post by **GSOtodd** » Mon Oct 26, 2009 9:37 pm

ok, read that, and I guessed that the home office would needed to have been informed but I guess there would not need to be another labour market test.

vignette · Post by **vignette** » Mon Oct 26, 2009 9:50 pm

The Tier 2 policy guidance for applicants states that you can continue to work IF your sponsor's licence is suspended but not if it's withdrawn (Section A5).

So it appears that if they don't pay you at least what is on your COS then they risk having their licence withdrawn and if that happens they cannot continue to employ you. Now true they have to find out but it seems like a big risk.

So I think that you would effectively have to start again. The whole advertising/recruitment process to meet the Labour Market Test - would mean that your job was available to someone resident in the UK - and done properly would I think mean your existing employment was ended but not an expert on this, so not sure.

Since you mentioned LMT I assume your job is not on the shortage occupation list (maths and science teachers). The codes of practice (also on UKBA website) state the minimum salaries that are acceptable - not sure if this would be relevant to you.

GSOtodd · Post by **GSOtodd** » Mon Oct 26, 2009 9:53 pm

so, would my salary change be significant enough to warrant a new labour market test?

vignette · Post by **vignette** » Mon Oct 26, 2009 9:55 pm

Would the reduction in your salary mean that you are being paid less than stated on your COS?

GSOtodd · Post by **GSOtodd** » Mon Oct 26, 2009 9:57 pm

well yes but does that always mean a new labour market test... is it a "significant change"?

vignette · Post by **vignette** » Mon Oct 26, 2009 10:12 pm

Significant changes aren't defined as far as I could see and it also doesn't say what happens if there are changes. But the sponsor's licence stands to be withdrawn if the salary stated on the COS isn't met and failure to meet the salary on your COS is something that is given as an example of abuse that should be reported by you (A 8 ) - so I would think that's "significant change".

Maybe if your salary stays above the minimum set out for your job in the employers' code of practice that would make a difference to the outcome. Not sure what would happen if it falls below that level.

But I'm batting in the dark here now. Hopefully there will be some others here on the board with more knowledge in this area.

Maybe your employer should contact UKBA for advice about the changes proposed before going any further?

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Urgent question about change of salary while on Tier 2

Urgent question about change of salary while on Tier 2