Tier 2 Salary and pay raise question + Extension

[the3rdman]

Hello all,

I had a bit of a difficult time finding any information on the following matter, so I was hoping this forum could offer some help.

My situation: I am a teacher under a Tier 2 Visa. As a teacher, the salary levels are unique in that they don't fall under the 'new entrant' or 'experienced' categories, rather they have there own pay scale. For the current year, I have been working as an unqualified teacher, but I recently received my QTS (Qualified Teacher Status), which will see my salary increase significantly, as it takes me into a higher pay scale category.

My question: Though this is a significant pay raise, it falls into a normal incremental increase in the education sector. Given the Tier 2 Policy Guidance, which reads: You must report the following within 10 working days: a change of salary from the level stated on the CoS, other than changes due to annual increments or bonuses, would my sponsor need to report my new salary or not? It seems like the policy guidance is relative, and not too specific, again I'm referring to the pay scale differences in the education sector compared to other jobs.

Also, I am currently in the process of extending my Tier 2 visa with my current employer. This latest pay raise will take me close to the high end of the salary range listed on the initial RLMT. If, after extending my leave, my salary eventually breaks the threshold of what was listed on the RLMT, due to annual pay raises, will my employer need to conduct a new RLMT to reflect the salary changes, and subsequently require me to apply for a new visa?

I should note that my role as a teacher and SOC code will remained unchanged throughout the duration, it's only the salary that's a concern.

Apologies for the length, but was trying to be as specific as possible. Thanks in advance for the help!

[iworker]

facts:
The RLMT is exempt on salary above £152k. (I am guessing u are confusing this with 35k which is a requirement for applying ILR).
For extension with the same emplyer and same SOC, the employer does not need to conduct an RLMT.

Your employer may or may not inform the UKBA about the change of salary. Basically the rules is more concerned about reducing the pay, as to avoid the misuse, of stating a salary in COS to meet the min requiremement and then reducing pay later.

In your case, it should be fine. Your employer can state your new salary in the new COS once u are issued with one on your extension application.

[the3rdman]

Thanks for the reply. It was really helpful. I think I may have not expressed myself entirely clearly on the RLMT question. Basically, when the RLMT was originally conducted, the salary range listed on the job advert was 27k - 36k. Because now I've received qualifications, my salary will jump significantly towards the higher end of the scale (close to 36k). My question is, if over time, with annual salary increases, my salary goes beyond that 36k, will my employer need to conduct a new RLMT since I will now be getting paid beyond what was initially advertised? Or, is it just considered normal policy? I am under the impression that if my employer initially did the RLMT with the same salary range, but they decided, from the start, to pay me above the advertised range, then that would be a problem.

Also, should my employer mention my new salary in the COS as a sponsor note before we make an application for extension, or should they update it in the SMS after the extension goes through?

Thanks again for the help!

[iworker]

It should not be a problem, they dont need to conduct another RLMT.
They should mention the amount they wuill be paying u. Say if your new cos is to assigned from July 2014-July 2017, they should mention how much will they be paying u from July.
And since it is going to be extenion application, it will be fairly straight forward.

[the3rdman]

iWorker,

Thanks again for the reply, really appreciated! Just out of curiosity, where would my sponsor indicate this information? Since it was an extension, the COS was pre-populated with previous info. Should they add a sponsor note? Or is there another place to put this info?

Also, on a tier 2 extension application, will it ask for salary information like in the initial Tier 2 application? ANd I'm guessing my entry in the salary field should match my sponsor's?

Thanks again for the help!

[manci]

for an extension application where the SOC code remains the same RLMT is not needed. The previous RLMT which was done for your initial leave is no longer relevant. There would be no harm in the sponsor reporting the salary increase due to attaining QTS.

[the3rdman]

Manci,

Thanks for the reply. Everything has been cleared up.