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The immigration enquiry helpline, which you presumably rang, sometimes gives incorrect advice.MariannaChris wrote: I am currently on TIER 2 General but in the autumn I lost my job.
I got a number of interviews and was offered a position in a company with Sponsorship License.
The problem is my job will be Digital Sales Consultant in Codes of Practices the closest one is
3545 Sales accounts and business development managers with the minimum salary £29 500 based on 39 working hours a week.
The company is ready to pay me £22000 basic salary (which is more then minimum salary for TIER 2 applications in general £20300)
+ commission based on my performance.
I will appreciate an advice on the options I have with this job and salary. What bonus could be added? or may be it is acceptable if I will work less hours and still get £22000?
I called Home Office today and they told me that
it must be a full-time job which since 2013 means 39 hours a week
MariannaChris wrote:Manci, thanks a lot for your detailed reply.
I wasn't sure that the HO help line gave me a correct answer as they were absolutely unprepared for other questions.
You can get more reliable advice if you ring the UKBA employer helpline on 0300 123 4699 - speak as if you were an employer, you don't have to give your name or any contact details
But I am still a bit confused, may be you could comment on this line in a Codes of Practice for Skilled Workers. what do they mean?: You cannot claim pro rata earnings if you will be working part-time. Part-time workers can only score points for their actual earnings.
There is no definition or distinction between full-time and part term working in the code of practice for T2. In the example I gave you would be working only 29 hours/week , i.e. part-time by most people's reckoning, yet you would comply with the rules
And I am also going to discuss with the employer regarding guaranteed bonuses. Could you give me idea where to find information, examples of allowances and bonuses?
This is a matter for negotiation between you and the employer, after all, if they want to employ you they can only do so if they comply with the rules.
Many thanks!
keikeichris wrote:Check your visa, if it is Tier 2 Established Staff then it was granted under the pre-6 April 2011 rules and in this case for your extension the job only needs to be NQF level 3
What does established Staff mean? How do I find out which Rule they were using?
What is the start date of your first T2 leave as shown on your BRP or passport and what is the description of the leave?
PSW VISA ran out 6 Mar 2011, Application was sent without COS and also supplied a letter to UKBA to wait for the new rule 6th April (because initial COS was rejected) then my employer reapply new COS unrestricted and got it on the 13 April. And my COS stated that my work start from 14th April.
A min. £29,570 salary would only be required if you wanted to claim that the job is a shortage occupation.
As an experienced chef your job under SOC code 5434 will be NQF level 3 and £23,000 salary should be OK.
If my job isn’t claim as Shortage occupation, does it mean my company will have to advertise the job on the market and eventho I am just continuing my current position?
RLMT is not needed for extensions if you stay with the same employer
And they are happy to renew the contract?
only your employer can tell
Many thanks
Chris