Tier 2 Pro-rata - Urgent!!!

[dylan]

Hi Guys

My job comes under 2121 - Civil Engineers
Project management - Minimum salary: £35000

This number is given on the Occupational Code of Practice and it is based on 40-hour week.

My annual salary is £328215 and I only work 37.5 hours a week. I was under the impression that we can pro-rata down from 40 hours a week to 37.5 and I still can meet the requirement. So it would be

(35000/40)*37.5 = 32812.5

Which is below my current salary. But my HR is saying that I can NOT do that and I need to have a salary of £35000 regardless how many hours I work every week. Could you please be kind enough to clarify this for me? Thank you.

[kenneth22]

Hi Dylan,

I have the same issue as well, my salary package is £28,902. My code is 1132 is based on a 37.5 working week, which gives £30,966. However I am contracted to work 35hrs. My HR team have advised me that on the COS they have indicated that I am contracted to 35 work Hours, which is £28,901.60.

So you might want to find ask your HR team what they have indicated on you COS or on the sponsor management tool.

[dylan]

Hi Kenneth

Thanks for the reply. I have not got the CoS yet as I am not sure about this. But my HR is willing to issue it on my request. Did your HR mentioned about this to you or made any enquiries?

[chicco22]

...

[kenneth22]

Hi Dylan,

My HR mentioned this to me

[manci]

My job comes under 2121 - Civil Engineers
Project management - Minimum salary: £35000

This number is given on the Occupational Code of Practice and it is based on 40-hour week.

My annual salary is £328215 and I only work 37.5 hours a week. I was under the impression that we can pro-rata down from 40 hours a week to 37.5 and I still can meet the requirement. So it would be

(35000/40)*37.5 = 32812.5

Which is below my current salary. But my HR is saying that I can NOT do that and I need to have a salary of £35000 regardless how many hours I work every week. Could you please be kind enough to clarify this for me? Thank you.

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

Appropriate salary rates are based on a 37½ hour working week, unless
otherwise stated. Salaries should be pro-rated for other working
patterns.

Appropriate salary rate
The job must be paid the minimum salary below, which is derived either from
the Annual Survey of Hours and Earnings (ASHE) or, where alternative salary
data is available, from an alternative code of practice.

Annual Survey of Hours and Earnings: No
Other code of practice: Yes
Minimum rates:

• New graduate (1st year after graduation) £20,770
• Civil engineers undertaking on the job training £22,800
• Participate in project work £23,000
• Project management £35,000
• Senior project management £41,042
• Civil engineering not project based £39,000
• Manager/Director £54,000
• Managing director/ Chief executive officer £70,000

[Source: The Institution of Civil Engineers Salary Survey, based on a 40-hour week]

[dylan]

My job comes under 2121 - Civil Engineers
Project management - Minimum salary: £35000

This number is given on the Occupational Code of Practice and it is based on 40-hour week.

My annual salary is £328215 and I only work 37.5 hours a week. I was under the impression that we can pro-rata down from 40 hours a week to 37.5 and I still can meet the requirement. So it would be

(35000/40)*37.5 = 32812.5

Which is below my current salary. But my HR is saying that I can NOT do that and I need to have a salary of £35000 regardless how many hours I work every week. Could you please be kind enough to clarify this for me? Thank you.

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

Appropriate salary rates are based on a 37½ hour working week, unless
otherwise stated. Salaries should be pro-rated for other working
patterns.

Appropriate salary rate
The job must be paid the minimum salary below, which is derived either from
the Annual Survey of Hours and Earnings (ASHE) or, where alternative salary
data is available, from an alternative code of practice.

Annual Survey of Hours and Earnings: No
Other code of practice: Yes
Minimum rates:

• New graduate (1st year after graduation) £20,770
• Civil engineers undertaking on the job training £22,800
• Participate in project work £23,000
• Project management £35,000
• Senior project management £41,042
• Civil engineering not project based £39,000
• Manager/Director £54,000
• Managing director/ Chief executive officer £70,000

[Source: The Institution of Civil Engineers Salary Survey, based on a 40-hour week]

Thank you for the reply. But I still want to know whether the figure based on 40 hour week can be pro-rated to 37.5 hours and whether my current salay is enough to recieve the visa.

[manci]

according to the rules (see above) salaries can be pro-rated. When assigning the CoS your employer has to enter both the "total weekly hours of work" and your "gross salary including any allowances and guaranteed bonuses".

The employer is responsible for the information they put in the CoS. All you can do is show them the rules and try to convince them that your salary is sufficient to meet the requirements.

UKBA have a helpline for employers (0300 123 4699) where they may wish to seek confirmation.

[dylan]

Thank you very much for the quick reply. My HR contacted the UKBA employers help line and they were told that salaries can be pro-rated up but can NOT be pro-rated down. Hence I am not meeting the salary requirement. It does not make sense to me. Please help me to get through this.

[manci]

Not all staff on the sponsorship helpline are equally well trained. I now have written confirmation that pro-rating can be used in your case.:

I actually sent an email to Sponsorship PBS Enquiries:

For SOC code 2121 (civil engineers) the appropriate salaries are listed for a 40 hour week.
Please confirm that for a project manager working 37½ hours a week the minimum salary can be pro-rated down from £35,000 to 37.5/40 times this figure.

and this is the reply I received today 25 October:

Yes, you are correct. The salary would be pro-rated if they are working a 37.5 hour week.

Kind Regards,
Andrew Barber,
Customer Service Advisor

Customer Contact Centre
North East, Yorkshire and the Humber Region
UK Border Agency
PO Box 3468
Sheffield
S3 8WA

www.ukba.homeoffice.gov.uk
Accredited to the Customer Service Excellence standard

[dylan]

Not all staff on the sponsorship helpline are equally well trained. I now have written confirmation that pro-rating can be used in your case.:

I actually sent an email to Sponsorship PBS Enquiries:

For SOC code 2121 (civil engineers) the appropriate salaries are listed for a 40 hour week.
Please confirm that for a project manager working 37½ hours a week the minimum salary can be pro-rated down from £35,000 to 37.5/40 times this figure.

and this is the reply I received today 25 October:

Yes, you are correct. The salary would be pro-rated if they are working a 37.5 hour week.

Kind Regards,
Andrew Barber,
Customer Service Advisor

Customer Contact Centre
North East, Yorkshire and the Humber Region
UK Border Agency
PO Box 3468
Sheffield
S3 8WA

www.ukba.homeoffice.gov.uk
Accredited to the Customer Service Excellence standard

Thank you very much for looking in to this for me I informed this to my HR and now they want me to get a written confirmation of the above. I sent an email to sponsorshippbsinquiries@ukba.gsi.gov.uk and I received an automated reply saying they will only reply if I am a sponsor. Are you a sponsor? Or did you get lucky to receive a reply.

[manci]

What I posted was UKBA's written confirmation. Print it and give it to HR.

If they want further confirmation they can ring Andrew Barber on 0300 123 4699 or send the same email enquiry themselves, or speak to another advisor at UKBA and refer to Andrew Barber's email (received on 25/10/2012 @ 14.02). It is not your job to do HR's work.

They seem to have difficulty understanding the rule even though it is perfectly clear and is in English:

Appropriate salary rates are based on a 37½ hour working week, unless otherwise stated. Salaries should be pro-rated for other working patterns

Get your senior manager to lean on HR.

[dylan]

What I posted was UKBA's written confirmation. Print it and give it to HR.

If they want further confirmation they can ring Andrew Barber on 0300 123 4699 or send the same email enquiry themselves, or speak to another advisor at UKBA and refer to Andrew Barber's email (received on 25/10/2012 @ 14.02). It is not your job to do HR's work.

They seem to have difficulty understanding the rule even though it is perfectly clear and is in English:

Appropriate salary rates are based on a 37½ hour working week, unless otherwise stated. Salaries should be pro-rated for other working patterns

Get your senior manager to lean on HR.

Thank you very much for your help. It is an unfortunate that I have to do HR's job even though I work for a world wide company They have rang that number and they were given incorrect advice. That is why now they want a written confirmation. I have already sent an email and I will try to contact Andrew Barber over the phone tomorrow.

It is written in plain english but our HR is not so smart to understand that

Did you receive the reply from the same email address or did you get it from Andrew Barber's personal email?

[manci]

not much point you phoning UKBA - it is HR who have to be convinced and Andrew Barber already answered the question.

If you ever phone the employer helpline you don't have to give your name or your company's name, just talk in a way that gives the impression that you are an employer.

if you think it might help, send me a PM with your email address and I'll forward Andrew Barber's actual email.

[dylan]

Update: I think our HR is convinced. But still waiting for a decision. Manci your efforts helped me. So thank you very much