Salary Reduced/Still above app rate/Change of Emp required?

[sashwilldo]

Hi,

I am on Tier 2 General Visa at the moment (Switched from Tier 1 PSW). My SOC code is 2137 holding the Job title 'Web Designer'. My salary stated on COS is £26040 including allowances. My employer has reduced my salary/allowances and will be paid £20540 after reduction. I would like to know the effects of this change. I have a few questions regarding this:

1. Will I need to apply for a change of employment? But before that, I have laid down few reasons which I think will not require to apply for. Could you suggest me please.

- I will be working for the same number of hours per week as stated on the COS

- I will be still be paid above the appropriate rate which is £20300 for the SOC code 2137

- Has my issue got to do anything with 'New Entrant' and 'Experienced Worker'? (Because I have come to know from various resources that an applicant switching from Tier 1 PSW to Tier 2 General is considered as a New Entrant by default. Me, nor my employer focused on the rate of pay as my salary is already higher than both New Entrant's and Experienced Worker's rates).

2. If the answer to the above question is 'Yes' despite those reasons, please could you suggest me the best possible reasoning to fill in the 'Change of Employment' form.

I have gone through the forums and could not find what I was looking for. So I hope this helps others who are in the same boat. Hoping to receive answers from the experts (Manci please?)

Thank you very much.

[safatafa]

Hi there
Yes it ll be a change of employment application but the flip side is they don't ask you to do change of application if ur salary goes up but vice versa u have to and I doubt if you do it ll be a refusal as ur salary is quite low than on the soc better to wait and see what manci has to say...

[Jeeves]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

See paragraphs 233 to 239.

New entrant issue will only become important when you apply to extend - at that point you may, depending on your age, need to get paid the higher rate.

[manci]

ref. the link Jeeves provided please elaborate on the reasons for the 20%+ reduction in your salary/allowances.

[sashwilldo]

Thanks for your concern Safatafa and I am still in thoughts. I am writing below with more precise explanations and looking forward for a solution from all you guys.

Jeeves, thank you and I have understood about the New entrant..and I have read those paragraphs carefully.

Thank you Manci and to be precise, this is my situation:

Paragraph 233 from the Tier 2 Sponsors Guidance - is exactly what's happening with my situation. My allowances will start to vary from next month due to a distribution of work amongst other employees. My employer has mentioned that my allowances will be varying depending on company's progress and so does my salary. And was told that I will still be above the appropriate rate as per your SOC. Which means, Paragraph 234 can be ignored as it mentions about salary being below the appropriate rate. And Paragraphs 235 and 236 are basically exceptions to 234. Paragraphs 237, 238 and 239 are not relevant to my situation as I am not absent from work, not a high earner and do not wish to take longer unpaid leave.

However, the Tier 2 PBS System Policy guidance does not give any detailed information either, about salary reduction. Paragraphs 194 and 195 do not really support my situation. But the 4th point in Paragraph 196 does seem to give a hint saying; changes to your core duties which means your job changes within the same SOC code
(provided your new salary rate is at or above the appropriate rate for the job as set out in the codes of practice). Does this point relate to Paragraph 233 from the Tier 2 Sponsors guidance?; as I believe reduction could be in any form, whether they are allowances or actual salary, due to change of situations at workplace.

And If at all, after these discussions, I have to make an application for a Change, would it be a 'Change of Employment' or 'Change of Circumstances'?

Thank you all again for your time. Your valuable suggestions are very much appreciated for such a complex issue.

[sashwilldo]

Hi all,

Please could anyone shed some light on this problem. I am still looking around for more information. Not able to get to the bottom of this yet. Your suggestions will be of immense help.

thank you everyone.

[sashwilldo]

Hi all, I found this news article. May be you could get some information out of it?

http://www.gherson.com/news-articles/la ... nges-4178/