Alternative Codes of Pratice - Programmer

[Fibonacci]

I manage an employee who has been working on a PSW visa in a permanent position as a Junior Programmer. He has been with our company for a year after his initial 3 month graduate placement.

His visa is due to expire in the summer and the business has agreed to go through the process of sponsoring him on Tier 2.

The issue we are facing is that we are a very small company in South Wales and in the present climate are unable to justify what would amount to a truly significant raise in his salary, to meet the 26k minimum stated in the code of practice.

It is quite clear that the sponsorship would fail as we cannot meet the minimum salary requirements, however this does seem unjust as it does not take into account the current financial climate or indeed the job location.

My question to the forum is regarding the statement in the COP Document "The job must be paid the minimum salary below,
which is derived either from the Annual Survey of Hours and Earnings (ASHE) or, where alternative salary data is available, from an alternative code of practice".

Is anyone aware of any alternative code of practices for Junior Programmers or perhaps could provide further advice, other than the obvious solution which as I mentioned in the current climate is not an option open to us.

Any assistance on this matter would be most welcome.

[Sheffield_Marketeer]

Hi

I can understand and appreciate where you are coming from. However, the reason why UKBA has provided these employment codes and salary requirements is to ensure that immigrant employees are paid at the SAME rate as any local employee would be.
If the salary code of programmer is 26K, it does seem that this is what a programmer is expected to get.

Unfortunately, the economic climate is not taken into consideration here. This is however a way where you can let the UKBA know that this salary may be too high for the said code (though you will have to provide evidence as to why you think so).

As it says here: http://www.ukba.homeoffice.gov.uk/busin ... fpractice/

If you think the information in a code of practice is wrong

If you think that any of the information in a code of practice is wrong, please email SponsorshipPBSenquiries@UKBA.gsi.gov.uk. Please send as much information and evidence as you can, to support any suggested changes. We will look at your suggestions and update the codes of practice if necessary.

You must not act against the code of practice while we are considering your message.

[khans]

Hi Sheffield_Marketeer,

My Tier-2 visa got rejected yesterday on the basis of the fact that my salary is less by 1,000 GBP than the what should be paid for the Job code that my HR used while applying for the licence. Now my job tittle is Junior Performance Consusltant and this title does not exixt in COP list. So my HR was asked to put the one that most closely matches my job description. The one that she chose and thought most closely matches my job description is Operations Analyst and is paid 27,000 GBP whereas my role pays 26,000. I do not understand how that explains that I should be getting the exact same salary as a job that does not exactly but most closely matches my job description.

I am switchin from tier 1 post study and have been working for my current employer for mopre than 6 months.

I am now taking the legal route to lodge my appeal.
Do you think i have a fair ground to appeal on ?

Quick response will be much appreciated.

Thanks

[khans]

Hi Sheffield_Marketeer,

My Tier-2 visa got rejected yesterday on the basis of the fact that my salary is less by 1,000 GBP than the what should be paid for the Job code that my HR used while applying for the licence. Now my job tittle is Junior Performance Consusltant and this title does not exixt in COP list. So my HR was asked to put the one that most closely matches my job description. The one that she chose and thought most closely matches my job description is Operations Analyst and is paid 27,000 GBP whereas my role pays 26,000. I do not understand how that explains that I should be getting the exact same salary as a job that does not exactly but most closely matches my job description.

I am switchin from tier 1 post study and have been working for my current employer for mopre than 6 months.

I am now taking the legal route to lodge my appeal.
Do you think i have a fair ground to appeal on ?

Quick response will be much appreciated.

Thanks

[ggeegg]

I simply cannot believe it. Home Office has gone nuts. Ridiculous.

I fully appreciate and understand that you have a valuable employee who you wish to take on and employ and would like to get their Tier 2 for them.

What home office is suggesting by underlining 26k as required wages for the programmer role is simply discriminating.

They completely ignore the size of the company, capital within the company, employees in the company and above all ability of the employee itself. How does 1 programmer earning 26k is any better than the one you wish to hire on slightly less salary. A CEO is a CEO and only a bank one earns more than other perhaps in other industry. Now WILL THE SALARY dictate the ability of people. Outrageous!

In your case clearly the employee is a valuable one and given the current economic climate it is difficult to maintain this salary level and Home Office needs to consider these things but they don't. I would understand that this would be the case for london as the cost of living is generally high so employees are paid to cover that, outside london a fresh graduate working with you for over 4 months + your willingness to retain the employee should be employers decision not there's to decide.
Also I don't understand something about home office - now which company gives 26k job to their fresh start hire ? One gets to 26k in few years time as they grow with the company.

Ultimately home office is affecting UK small businesses who are not only battling economic hard time but also employers who are willing to retain a valuable employee for their business who they see as fit for the role. PLUS the person who wish to go on TIER 2 is a SKILLED person.

I will keep a check on this post, let us know what came out, I hope that you retain your employee and continue to grow as an exciting company.

[Sheffield_Marketeer]

@khans

A lot depends on if you still have your current visa valid?
If it is- Can you ask your employer to pay 1k extra so that you now stand eligible for the position that they put in COS? The required salary from the Code of Practice is something that you must be paid ONCE you get your visa.. the company doesnt have to pay you at that level before you get Tier 2. So you can still go for a new Tier 2 application.

If however, your current visa is over, the only option as you said is Appeal. but I have no idea if that can work. Trawl through the forums, I think some guy who had appealed on similar grounds was awarded the visa. Don't lose hope and fight strong.

[khans]

@khans

A lot depends on if you still have your current visa valid?
If it is- Can you ask your employer to pay 1k extra so that you now stand eligible for the position that they put in COS? The required salary from the Code of Practice is something that you must be paid ONCE you get your visa.. the company doesnt have to pay you at that level before you get Tier 2. So you can still go for a new Tier 2 application.

If however, your current visa is over, the only option as you said is Appeal. but I have no idea if that can work. Trawl through the forums, I think some guy who had appealed on similar grounds was awarded the visa. Don't lose hope and fight strong.

Thansk very much Shefield_Marketeer !

My PSW haas already expired. I have already souhgt legal help to appeal againt the decision. mY employer is ready to give me a raise if that helps the appeal. Will this be considered ? As you said the COP salary is something that must be paid once the visa is issued ?
Have you got any reference to the person who had appealed on similar grounds ? Grateful if you can point towards something.

[madona587]

I simply cannot believe it. Home Office has gone nuts. Ridiculous.

I fully appreciate and understand that you have a valuable employee who you wish to take on and employ and would like to get their Tier 2 for them.

What home office is suggesting by underlining 26k as required wages for the programmer role is simply discriminating.

They completely ignore the size of the company, capital within the company, employees in the company and above all ability of the employee itself. How does 1 programmer earning 26k is any better than the one you wish to hire on slightly less salary. A CEO is a CEO and only a bank one earns more than other perhaps in other industry. Now WILL THE SALARY dictate the ability of people. Outrageous!

In your case clearly the employee is a valuable one and given the current economic climate it is difficult to maintain this salary level and Home Office needs to consider these things but they don't. I would understand that this would be the case for london as the cost of living is generally high so employees are paid to cover that, outside london a fresh graduate working with you for over 4 months + your willingness to retain the employee should be employers decision not there's to decide.
Also I don't understand something about home office - now which company gives 26k job to their fresh start hire ? One gets to 26k in few years time as they grow with the company.

Ultimately home office is affecting UK small businesses who are not only battling economic hard time but also employers who are willing to retain a valuable employee for their business who they see as fit for the role. PLUS the person who wish to go on TIER 2 is a SKILLED person.

I will keep a check on this post, let us know what came out, I hope that you retain your employee and continue to grow as an exciting company.

IMHO the whole point of introducing TIER2 is to break the link between the "Fresh" graduates from "Skilled & experienced" individuals. (See how they planned to abolish PSW completely from April) PSW suppose to be the bridge where you start working for a lower wage as a fresh graduate with no or less experience and work yourself up slowly and come to a point where you can afford to get TIER2.

Lets be honest how many people have abused TIER1 General which suppose to be for the people who do "Skilled jobs" and earn high..

As much as I hate this new system I can't complain.

As for your argument a Junior programmer must be paid according to SOC regardless of the company size, turn over or location. which means companies which prey on non eu employees for cheap labour wont work anymore and at the same time people in UK (British people) can't complain that there job has been taken by someone else cause they work cheaper than them. It's like setting some standards.

Unfortunately if you dont meet the standards then you don't qualify to be a "skilled migrant"