Post
by ECOTROT » Fri Jul 25, 2014 8:03 pm
Tier 2 & 5 Guidance:
26.
Rates of pay
26.1
In codes of practice, for most jobs, there are two different minimum salary rates. One is for
‘new entrants’ the other for ‘experienced’ staff. These rates have been set to make sure that the
resident labour market is not undercut. The rates of pay are up-to-date and in line with current
earnings of settled workers. These rates are update every April.
26.2
The new entrant rate reflects the fact that people in the early stages of their career are
generally paid less than their more experienced counterparts. The new entrant rate can be paid
if you have met the resident labour market test by carrying out a milkround, or the migrant is
switching into Tier 2 (General) and was last granted leave to enter, or stay in the UK under:
a)
Tier 1 (Post-study work), or
b)
Tier 1 (Graduate Entrepreneur), or
c)
the International Graduates Scheme, or
d)
the Fresh Talent Working in Scotland Scheme, or
e)
the Science and Engineering Graduates Scheme, or
f)
Tier 4 or as a student and they have received final results confirming that they have passed
and will be (or have been) awarded:
▪
a UK recognised bachelor’s or master’s degree, or
▪
a UK Postgraduate Certificate in Education, or
▪
a Professional Graduate Diploma of Education, or
▪
they have finished a minimum of 12 months study in the UK towards a UK PhD.
26.3
The new entrant rate can also be paid if the migrant:
a)
will be sponsored under the Tier 2 (ICT – Graduate Trainee) category, or
b)
is under the age of 26 on the date of their application for Tier 2.
26.4
In all other cases, including where the migrant is applying for a period of leave which will
bring their total stay under any combination of Tier 2 leave, or as a Work Permit holder, beyond
three years and one month, the ‘experienced’ rate must be paid. An example would be if they
are still under the age of 26, but are applying to extend their stay in
Tier 2 to five years the ‘experienced’ rate must be paid. Another example would be if you assigned a CoS for a period in
excess of three years and one month.
So, timemachine, as the other categories underlined do not appear to apply to you, if you are over 26 then you will need to be paid at the experienced rate.
If the salary does not meet the appropriate rate stated in your SOC Code, then the application will be refused.
Also it may depend on what your contractual weekly hours are. The salary rates stated in the Codes are based on a set number of hours, so if you work fewer hours then you may still meet the appropriate rate.
I am not an expert, but I hope that helps.
Good luck!
