ILR HELP WITH TIER 2 SOC

[kenneth22]

Hi Folks,

I'm hoping I can get a bit of advice, let me paint the picture.

HSMP granted October 26th 2007
Date of entry into the UK November 20th 2007
HSMP expires October 26th 2009.

Before HSMP expiry in October 26th 2009, I switched to TIER 2
Tier 2 granted from October 26, 2009 - October 23rd 2012 (3 years)
Salary £23,000, This met the salary threshold which was £20,000 to gain the available points for appropriate salary
Job title: Section Leader

June 2012- I was promoted, salary increased to £28,000. HR advises home office of my change in salary and also that my Job title remains the same, but my roles have changed.

September 2012- I applied for a same day service to extend my TIER 2, ( Extension rules: You must have a new Certificate of Sponsorship for your extension application. Your salary must be at least the same, or higher, than that shown on your Certificate of Sponsorship for your previous grant of leave.)

My new Salary of £28,000 met the initial £23,000 threshold from my first Tier 2 application, so i met this criteria,My extension was successful.

I'm planning an ILR same day application in November and one of the main criteria for applicants with TIER 2 Status is that ( salary should be at least equal to the relevant SOC code as mentioned in the Codes of Practice (COP)

I asked my HR team for the SOC code attached to my current job title, which hasn't changed from my first application. However when i checked the SOC code given to me by my HR team against the minimum hourly wage in the code of practice, it is £15.88 and based on a 37.5 week (£30,966), it works out more than my current salary of £28,529, however I am contracted to work for 35hrs but this is also £28,901. I raised this with my HR team and they said it is the same SOC code that they used in my first application and when i was promoted, and also the same code used for my Tier 2 extension, and that if i didn't meet the appropriate salary threshold i wouldn't have been successful in extending my TIER 2 in the first place.


Would i be judged based on the threshold from my first Tier 2 application and extension?

I really appreciate any advice

[geriatrix]

IMHO, neither!
The salary must be at least at the appropriate level for at least a month preceding the settlement application. I say one month because the requirement is to provide documentary evidence in the form of most recent payslip and a corroborating bank statement.

(ii) in the case of a Tier 2 (General) Migrant applying for settlement, that they are paid at or above the appropriate rate for the job as stated in the Codes of Practice in Appendix J.

It doesn't state " ..... at or above the appropriate rate for the job as was stated in COP at the time of initial application / extension".

[kenneth22]

thanks i really appreciate your feedback

[selpouv78]

they all say 1 month but in the checklist, there is a box for
" has the applicant submitted 3 months payslips"
the CW to tick yes or no

[wpilr_nov12]

they all say 1 month but in the checklist, there is a box for
" has the applicant submitted 3 months payslips"
the CW has to tick yes or no

What checklist? Could you clarify? And how do you know?

[selpouv78]

i have seen it somewhere on this website.

but i dont know how they do it at the office.

sometimes it may depend on their mood

[geriatrix]

Mood cannot take precedence over immigration rules!

[brian78]

I asked my HR team for the SOC code attached to my current job title, which hasn't changed from my first application. However when i checked the SOC code given to me by my HR team against the minimum hourly wage in the code of practice, it is £15.88 and based on a 37.5 week (£30,966), it works out more than my current salary of £28,529, however I am contracted to work for 35hrs but this is also £28,901. I raised this with my HR team and they said it is the same SOC code that they used in my first application and when i was promoted, and also the same code used for my Tier 2 extension, and that if i didn't meet the appropriate salary threshold i wouldn't have been successful in extending my TIER 2 in the first place.


Would i be judged based on the threshold from my first Tier 2 application and extension?

I really appreciate any advice

it will be calculated as a pro rata from the 35hrs salary

[kenneth22]

I am contracted to work 35hrs


my salary is £28,000 + yearly allowances i.e medical is £529.44= £28,529.44

however my SOC Code rate is £15.88 @ 35hrs = £28, 901.60

a difference of £372.16

what do you advise folks

[brian78]

the only way you can do that is to ask your HR to change the hours to 34.5hrs.

are the hours mentioned on your payslip?

[kenneth22]

Hi Brian,

words of wisdom there, I have just had a look at my payslips and it doesn't say anything about working hours. I'm not sure if that has already been registered on my certificate of sponsorship as 35hrs.

But is is worth asking my HR team if t is a possibility.

[kenneth22]

I just had a chat with my HR team and they are willing to increase my salary (£28,529.44) by £373 to meet the appropriate rate of £28,901. They have also advised that they will change this on the COS and back date my pay from September.

I had originally booked a PEO appointment for the end of November. Will the HO honour a letter from my Company that describes the above?

[brian78]

but you should have been getting this adjusted salary for at least 3 consecutive months.
also check if you can change for SOC for a similar one with lower salary
what is ur SOC code?

[kenneth22]

Hi Brian my SOC code is 1132- £15.88 per hour ( i am contracted to work Hours a week,my HR Team have advised me that they have put this on my certificate of sponsorship )

so £15.88 x 35hrs. x 52 =£28,901 (this is what i should be paid)

however I have been paid £28, 529.44 and my payslips and bank statements for the past three months reflect this.

They have agreed to back date my pay from September and write a comprehensive letter to the home office to this effect. But I'm weary because I would be at the case workers mercy.

unfortunately there isn't a lower salary within my soc code

I already have a PEO appointment booked for the 26th of November, do you think i should cancel this?

[brian78]

also for your tier 2. you do not need to report to ukba for a technical change if you change your weekly working hours by less that 10%. so you can say that your hours have been reduced by 1-2hrs which is less that 10%.
please get confirmation with other members
cheers

[kenneth22]

cheers Brian, I'll try that but my HR team i suspect might be adamant to do that. I called the Immigration Enquiry Bereau. And they said that I could get a letter from my company providing a detailed description of the backdated salaries, but that it is as the discretion of the caseworker.

I entertain the opinion of the senior members