Working with Tier 2 G Visa - am I allowed to get increment?

[krisy30]

Dear All,

I am at the moment working under Tier 2 General Visa.
It is the time of the year for review in my company. My management is thinking twice to give me a progress in my position as they think it will affect my visa.
They are relating it to the shortage occupational list and the salary quoted there.
If I was given a new job title (I know that I need to inform UKBA, which I and the company will be doing) would this be related to the minimum salary check?

Please advice. Could you someone also point me to the right part of the document so that I can show it to my management?

Thank you.
Kind regards,
Krisy

[onlooker]

The document you want is Tier 2 policy guidance for sponsors, searchable on UKBA website. I don't know much about SOC situations, but having read the above document I share your concerns. Best to consult a solicitor as a mistake may turn out very costly to you and your employer.

[manci]

there is no reason why they couldn't you give an annual pay rise and/or bonus which they wouldn't even have to report to the HO. See para 592(d)II in the T2 sponsor guidance
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Changing your core duties and SOC code is a different matter. See para 198 and onwards in the T2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[FaeLLe]

Quite an interesting post... so annual increments do not need to be reported but if core duties change then Change of Cirucmstances form needs to be completed.

What happens if a change of circumstance form is completed? Will the employer need to do a RLMT to see if they can use a resident worker and not need a foreigner for this job?

Can the same SOC code be retained even if designation changes? E.g. Promotion from Consultant to Manager..

[manci]

there are two HO change of circumstances forms:

a) for sponsors - this is only to report changes in the Level 1 user, authorising officer, key personnel and similar. Everything else is reported through the SMS.

b) for migrants - this is only to report changes in contact details, criminal convictions, representative details and dependant details (which they must also report to the sponsor)

the rules about what to do if the migrant's core duties or SOC code changes are in the T2 policy guidance

[krisy30]

Thank you all for your comments and sharings.
Thank you Manci: will definitely check on para 592(d)II in the T2 sponsor guidance and para 198 and onwards in the T2 policy guidance

I called up the UKBA employer phone line.
I was informed that if there was a change to the job title then it will mean the management will need to check if it is still under the same SOC code or not. Most probably it will not (she said) therefore will need to reapply with new COS. And this means the company will need do market labour test. Plus they need to check the minimum salary too.

With the start of the New Year, my manager was talking to me about promoting me to a manager position. I reminded him about my visa thingy and told him that we will need to inform UKBA of any changes. After speaking through to the UKBA employer phone line, I spoke to my manager about this and he said, the company is not willing to take the risk on me. As they want me here and futhermore they are not able to increase my salary to the required minimum level of SOC at the moment.

This just meant I may not be able to climb my ladder easily. Something we need to think about!!

Krisy

[FaeLLe]

Manci any idea how easy it will be for the firm to apply for the firm to get the new CoS approved if RLMT is completed and salary is well above the minimum amount for SOC code?

[FaeLLe]

Changing your core duties and SOC code is a different matter. See para 198 and onwards in the T2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Para 198 says that if remaining with the same employer and core duties change a change of employment application needs to be done.

Couple of points here appreciate if you can answer
(1) I understand a RMLT would be required in this case, is that true even in case of promotions which cause core duties changes within employer?
(2) Is this the same as filling out a new Tier 2 application form - The BRP one if applying in country?
(3) Can an employee continue working with same employer even after core duties change till a decision is made on the visa? What happens if a new Tier 2 General visa is not issued with the SOC code change - would the employee need to be demoted?

Frankly this is a bit worrying as I am being fast tracked for promotion with almost 45% pay hike and I am worried I will not be allowed to work with my employer once the core duties change.... Truly a dilemma.

[manci]

Changing your core duties and SOC code is a different matter. See para 198 and onwards in the T2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Para 198 says that if remaining with the same employer and core duties change a change of employment application needs to be done.

Couple of points here appreciate if you can answer
(1) I understand a RMLT would be required in this case, is that true even in case of promotions which cause core duties changes within employer?
yes if the SOC code changes, unless your salary will be £152,100 or more

(2) Is this the same as filling out a new Tier 2 application form - The BRP one if applying in country?
yes
https://www.gov.uk/government/uploads/s ... ation1.pdf

(3) Can an employee continue working with same employer even after core duties change till a decision is made on the visa? What happens if a new Tier 2 General visa is not issued with the SOC code change - would the employee need to be demoted?
your current leave continues under the conditions it was granted, i.e. for the lower level job, until a decision is made on the application. If the application is refused, and you still have valid leave, you can continue in the lower level job.

Frankly this is a bit worrying as I am being fast tracked for promotion with almost 45% pay hike and I am worried I will not be allowed to work with my employer once the core duties change.... Truly a dilemma.