New 35K Salary Rule for Migrant Workers !!!!

[push]

Just two questions;

- is it a final statement? Do you think they can change their minds again? (I@m becomin paranoiac I guess)

- Am I correct in saying: if I change my visa from WP to T2 I DON'T need to meet the £35K requirement.

dont want to spook you out, but the Statement of Intent says

The measures outlined in this Statement should not be seen as a definitive account of the requirements that will apply in the future. The definitive version is expected to be set out in the Immigration Rules and formal guidance which we will publish separately. This Statement does however represent the Government’s current intentions. All Immigration Rules are subject to review and change and applicants must meet the rules in place at the time of application.

[push]

Just two questions;

- is it a final statement? Do you think they can change their minds again? (I@m becomin paranoiac I guess)

- Am I correct in saying: if I change my visa from WP to T2 I DON'T need to meet the £35K requirement.

To answer you second question:

The new rules on Tier 2 settlement (pay threshold of £35,000) will apply to anyone who entered or switched into Tier 2 of the Points-Based System under the rules in force from 6 April 2011 and who will therefore be eligible to make a settlement application in this category from April 2016 (i.e. after five years). The settlement pay threshold of £35,000 will not apply to those who entered Tier 2 under the rules in force on 5 April 2011.

[Sheffield_Marketeer]

Also:

Those who switched into Tier 2 on or after 6 April 2011, or who subsequently switch, should be aware that they will be subject to the new settlement pay threshold. The exception will be those who switch or switched into Tier 2 after holding leave as a Tier 1 migrant (other than a Tier 1 Post Study Work migrant), a work permit holder or certain other specified Points Based System (PBS) predecessor categories. We will make transitional arrangements to enable this group to qualify for settlement without meeting the minimum pay threshold. The specified PBS predecessor categories are:
• Member of the Operational Ground Staff of an Overseas-owned Airline;
• Minister of Religion, Missionary or Member of a Religious Order;
• Qualifying Work Permit Holder;
• Representative of an Overseas Business;
• Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation;
• Highly Skilled Migrant;
• Innovator.

[Sheffield_Marketeer]

I am now VERY Confused with this table at the end of the document- http://www.homeoffice.gov.uk/publicatio ... iew=Binary


http://screencast.com/t/GCvd49Ii

Are they saying that Tier 2 holders pre 6th April 2012 may be in a position to apply for unlimited periods of temp leave? That is good news isnt it for people who may not qualify for 35K at that time.

What do u guys think?

[Greenie]

I am now VERY Confused with this table at the end of the document- http://www.homeoffice.gov.uk/publicatio ... iew=Binary


http://screencast.com/t/GCvd49Ii

Are they saying that Tier 2 holders pre 6th April 2012 may be in a position to apply for unlimited periods of temp leave? That is good news isnt it for people who may not qualify for 35K at that time.

What do u guys think?

no they are referring to the rules as they are now, and the rules as they will apply from 6 April 2012.

[inkweed]

Is the 35K rule for all 5 years or just the year that we apply? How are we going to proof? 12months payslip?

[linux44]

I have the same question as inkweed, is 35k for all five years or at the time u apply u should have had 35k in the past 12 month or from there on?

[lunakick]

The document specified that you only need to show a recent payslip that is within the last month and a bank statement from the last month to show financial activity from one's employer. This would show how much you make in a year's time.

[madona587]

I'm bit confused as well.

Say if someone is on a job title which is below 35K but according to SOC does that means he has to increase his pay to 35K before he apply for ILR? That also means if someone on a 23K job he has to get an increase up to 35K and to do this the migrant has to apply for a new COS with a new job title? (RLMT etc) I'm sure employers wont increase the pay suddenly from 23K to 35K with the same job responsibilities. This is the only confusion.

[Greenie]

you don't need a new COS to apply for ILR - the migrant however will need to show that s/he is being paid £35k when applying for ILR - or higher if the code of practice specifies. Obviously if the migrant is being made far lower than this, the employer may not be willing to increase the migrant's pay to £35k - but in this case the migrant will not qualify for ILR - that is the purpose of these changes.

[madona587]

you don't need a new COS to apply for ILR - the migrant however will need to show that s/he is being paid £35k when applying for ILR - or higher if the code of practice specifies. Obviously if the migrant is being made far lower than this, the employer may not be willing to increase the migrant's pay to £35k - but in this case the migrant will not qualify for ILR - that is the purpose of these changes.

Thanks Greenie, to further clarify say a the migrant X is paid 23K a year based on SOC. So after working 3 years the migrant gets a pay increase of 32K for the same job title/same job responsibilities. But now the employer is not willing to increase the pay to 35K for the same job title/responsibilities but instead gives him a promotion and increases the pay to 36K but the job title/responsibilities change. Now what?

Case # 2 If the employer increases the pay from 23K to 35K for the same job title/responsibilities doesn't that breach the condition that a significant pay increase being made towards the job title?

I'm asking this cause I was paid 26K initially when got my TIER2 but then got increased to 32K for the same job but now they want to increase this to 54K but I was told I have to get a new COS cause my job responsibilities change.

Thanks for your expert view.

[linux44]

so the 35k is only at the time u apply, it doesn't matter if it was lower than that in the immediate past few years?

[john353]

Thanks Greenie, to further clarify say a the migrant X is paid 23K a year based on SOC. So after working 3 years the migrant gets a pay increase of 32K for the same job title/same job responsibilities. But now the employer is not willing to increase the pay to 35K for the same job title/responsibilities but instead gives him a promotion and increases the pay to 36K but the job title/responsibilities change. Now what?

Case # 2 If the employer increases the pay from 23K to 35K for the same job title/responsibilities doesn't that breach the condition that a significant pay increase being made towards the job title?

I'm asking this cause I was paid 26K initially when got my TIER2 but then got increased to 32K for the same job but now they want to increase this to 54K but I was told I have to get a new COS cause my job responsibilities change.

Thanks for your expert view

I have the following doubt. It says on the tier 2 guidance that a change of employment application is not needed if the job title/salary changes but the job is with in the same SOC code. "191. A change of employment application is not required for other changes to your job. For example if you are remaining with the same employer and change jobs to a different job within the same SOC code, your pay increases, or you are moving under TUPE arrangements due to takeover, merger, or de-merger."

So in case of a job promotion from 'xyz' to 'senior xyz' in same SOC (while one has still valid leave) does one need to still get a new COS and apply for an 'extension'? Please let me know your comments.