UKBA Attributes Appendix A Query

[globalindian]

Hi,

I have a query regarding salary eligibility. The UKBA site says :

75A. No points will be awarded if the salary referred to in paragraph 75 above is less than £40,600 per year where the applicant is applying in the Long Term Staff sub-category, unless the applicant is applying for leave to remain and previously had leave as:

(i) a Qualifying Work Permit Holder, or

(ii) a Tier 2 (Intra-Company Transfer) Migrant under the rules in place before 6 April 2011,

and has not been granted entry clearance in this or any other route since that grant of leave.

In my case I have came to UK as Work permit and since then my visa has been extended under Tier 2 ICT category before 6 April 2011.

Does this mean that I am exempted from the salary requirement of £ 40,600?

Thanks.

[globalindian]

any inputs from Senior members please?

[globalindian]

Hi Gurus and Seniors,

Any help will be highly appreciated.

Thanks

[dk2011]

http://www.ukba.homeoffice.gov.uk/busin ... fpractice/

For tier 2 migrant their salary should have at least the amount specified for their SOC code . You can check SOC 2013 on the above link and find out minimum salary required for your SOC code.

[globalindian]

Thanks dk2011. I am fine with the SOC code of practice and my salary is above the code of practice mentioned in the letter.

My query is regarding the eligibility criteria for Tier 2 ICT candidate as per the attributes mentioned in Appendix A section 75A.

75A. No points will be awarded if the salary referred to in paragraph 75 above is less than £40,600 per year where the applicant is applying in the Long Term Staff sub-category, unless the applicant is applying for leave to remain and previously had leave as:

(i) a Qualifying Work Permit Holder, or

(ii) a Tier 2 (Intra-Company Transfer) Migrant under the rules in place before 6 April 2011,

and has not been granted entry clearance in this or any other route since that grant of leave.

In my case I have came to UK as Work permit and since then my visa has been extended under Tier 2 ICT category before 6 April 2011.

Does this mean that I am exempted from the salary requirement of £ 40,600?

The last line -

and has not been granted entry clearance in this or any other route since that grant of leave

is not very clear and seems to be contradicting point i and ii.
Please advise with your interpretation.

[dk2011]

If you are paid at or above required for your SOC code then you are fine.
I wouldn't bother too much about it . However , i can simplify the clause for your understanding.
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unless the applicant is applying for leave to remain and previously had leave as:

(i) a Qualifying Work Permit Holder, or

(ii) a Tier 2 (Intra-Company Transfer) Migrant under the rules in place before 6 April 2011,

and has not been granted entry clearance in this or any other route since that grant of leave.
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Entry clearance means fresh VISA(Applied from outside UK) and not extension of existing leave . You have applied only for extension and no fresh entry clearance so you are fine.

[globalindian]

Many thanks dk2011 for your help.