Increase in Salary Tier 2

[hassanh]

Hi Everyone,

I have just got a pay rise in my company on performance basis.

I know the company don't need to inform UKVI about the annual increment or bonuses but not sure where they need to inform UKVI about the performance based salary increment or not? Will highly appreciate everyone's response specially manci please?

Thanks,
Hassan

[ECOTROT]

Hi Everyone,

I have just got a pay rise in my company on performance basis.

I know the company don't need to inform UKVI about the annual increment or bonuses but not sure where they need to inform UKVI about the performance based salary increment or not? Will highly appreciate everyone's response specially manci please?

Thanks,
Hassan

AFAIK if a 'performance based salary increment', i.e. a raise, is guaranteed in the contract, then it cannot be higher than the range that was advertised in the RLMT. Otherwise the company will need to conduct a new RLMT using the new salary they want to pay you.

If it is within the range advertised, or the raise is not guaranteed in the contract, then it will be permitted. But the company must make sure that the notes on the CoS are clear about the new salary or there may be compliance problems.

Perhaps someone who knows better than me can confirm this?

Good luck!

[manci]

assuming your SOC code hasn't changed but the increase in salary is more than "changes due to annual increments and bonuses" (whatever that means quantitatively) the sponsor should report it to UKVI through the SMS. See para 15.7 in the sponsor guidance

[hassanh]

Thanks Ecotrot and Manci for the valuable information. Just one more clarification I need from you guys please?

I have already received a letter of increment from Employer but change in salary will come in effect from 1st of August, 2014. The employee who uses the sms system is on holidays and will be back on 7th of August. He will obviously be busy in catching up his stuff for first few days.

What's the latest date they should inform UKVI through SMS?

Will highly appreciate your comments guys.

Thanks,
Hassan

[manci]

10 working days from 1 August

[hassanh]

Thank you so much Manci.

Regards,
Hassan

[hassanh]

Hi Manci,

My HR has thrown one more question the answer for which I could not find. They want to know that should they update the salary increment information on my COS (by retrieving and updating sponsors note) or should they send a message to UKVI through SMS system? Or should they do both?

I hope this will be my last question Manci? Thank you in advance.

Regards,
Hassan

[manci]

only inform UKVI via the SMS.

NB: once a CoS has been "used", i.e. you obtained your leave, sponsor notes cannot be added to it. If HR have any questions tell them politely to ring the sponsor helpline (0300 123 4699) rather than ask you.

[hassanh]

Thanks Manci,

The thing is I want to make sure as well they are doing everything right as well because in the end it will be me who will have to suffer if my sponsor does not meet compliance.

Your help is really appreciated. I will tell my HR to contact this number for future queries.

Regards,
Hassan

[ECOTROT]

manci

If you want to add a sponsor note, then you have to locate the correct CoS on the SMS and add or amend the note on it. The SMS describes them as 'live Cos', so they do not expire once they are used and leave is obtained, at least as far as the SMS seems to be concerned. You can add notes to the CoS even after it is assigned.

Sorry, couldn't resist the opportunity to be pedantic

hassan

Tell the sponsor to log on to the SMS, click on 'Workers', 'Sponsorship Duties', 'Manage live CoS', then retrieve the CoS and add a sponsor note to it. Should take a few minutes.

Write something like:

---

"Gross salary (including any allowances and guaranteed bonuses) has been increased from £X per annum (as stated on the CoS) to £X per annum as of [DATE] due to [XXX - performance, qualifications, arselicking etc. etc.].

Please note: this new salary of £X per annum is within the salary range advertised for the purposes of the RLMT, that being £X - £X per annum. Please see RLMT information stated on CoS for confirmation of this.


---

N.B. they are generally more concerned about underpayment, so in all probability if your sponsor gave you this raise, nothing would come of it. At worst they would send an email asking and tell the sponsor off for not making a note promptly enough.

But even so, technically this is the correct way to report this, by way of a sponsor note on the SMS, as manci rightly told you.

If the new salary is higher than the top figure in the RLMT adverts, then the CoS has to be returned and a new RLMT conducted and a new CoS assigned.

See the Tier 2 5 Sponsor Guidance, especially ''Use of restricted CoS', from para. 29.39, which explains alot of this. Also 'SMS user guide 9: reporting user activity' explains very clearly how to do this on the SMS.

Any questions you should take manci's advice and call them up. If you're polite most of them will try to help.

Good luck!

[manci]

manci

If you want to add a sponsor note, then you have to locate the correct CoS on the SMS and add or amend the note on it. The SMS describes them as 'live Cos', so they do not expire once they are used and leave is obtained, at least as far as the SMS seems to be concerned. You can add notes to the CoS even after it is assigned.

A sponsor note can only be added to a live Cos. A CoS ceases to be live afater it has been used. See Note 1 on p18:
https://www.gov.uk/government/uploads/s ... tivity.pdf
Note 1. This function [i.e. adding a sponsor note] can only be used to notify us of any changes before the migrant uses the CoS in support of their application. The system will therefore only allow you to add a sponsor note to a live CoS with a status of ASSIGNED (Unused)

To report the increased salary using the SMS (link as above):
Workers >> sponsorship duties >> report migrant activity >> locate the worker's CoS from the search screen >> report new activity >> sponsor continuing to sponsor migrant worker >> fill in date and describe what is being reported in the free text box.

If the new salary is higher than the top figure in the RLMT adverts, then the CoS has to be returned and a new RLMT conducted and a new CoS assigned

The reporting of the higher salary can be several years down the line from the time the CoS was assigned, with a number of annual increases in the meantime, and at this stage what was in the RLMT (if indeed there was an RLMT - there may not have been) would not be relevant IMHO.

[ECOTROT]

manci

If you want to add a sponsor note, then you have to locate the correct CoS on the SMS and add or amend the note on it. The SMS describes them as 'live Cos', so they do not expire once they are used and leave is obtained, at least as far as the SMS seems to be concerned. You can add notes to the CoS even after it is assigned.

A sponsor note can only be added to a live Cos. A CoS ceases to be live afater it has been used. See Note 1 on p18:
https://www.gov.uk/government/uploads/s ... tivity.pdf
Note 1. This function [i.e. adding a sponsor note] can only be used to notify us of any changes before the migrant uses the CoS in support of their application. The system will therefore only allow you to add a sponsor note to a live CoS with a status of ASSIGNED (Unused)

To report the increased salary using the SMS (link as above):
Workers >> sponsorship duties >> report migrant activity >> locate the worker's CoS from the search screen >> report new activity >> sponsor continuing to sponsor migrant worker >> fill in date and describe what is being reported in the free text box.

If the new salary is higher than the top figure in the RLMT adverts, then the CoS has to be returned and a new RLMT conducted and a new CoS assigned

The reporting of the higher salary can be several years down the line from the time the CoS was assigned, with a number of annual increases in the meantime, and at this stage what was in the RLMT (if indeed there was an RLMT - there may not have been) would not be relevant IMHO.

Ah yes well that backfired lol

manci is right, as I am learning is a fairly regular occurence on here.

The correct method I suppose would be to 'report migrant activity' and then write the update in the box under 'change in migrant circumstances'.

Your second point I honestly don't know how long the RLMT affects the salary you can pay. It doesn't say anywhere and I was just going off the pretty clear bit saying that you can't pay more than advertised in the RLMT. Of course we can always ring 03001234699 and ask

[hassanh]

Thank you so much Manci and Ecotrot

Your arguments resolved my problem at least. Really happy to see that people are very caring and available for help all the time.

I will ask my sponsor to use "report migrant activity" method to notify UKVI about this change or phone sponsorship helpline if they still have any questions

Regarding RLMT, it was not conducted (was exempt when I applied for Tier 2) in my case so I am safe in this regards

Thank you so much once again both of you

Regards,
Hassan

[hassanh]

Hi Manci and Ecotrot,

I would just like to correct something in the below paragraph Manci mentioned in her post:

To report the increased salary using the SMS (link as above):
Workers >> sponsorship duties >> report migrant activity >> locate the worker's CoS from the search screen >> report new activity >> sponsor continuing to sponsor migrant worker >> fill in date and describe what is being reported in the free text box.

I don't want to point out anything but just mentioning because if someone else reads this post for his/her reference should have clarified answers. It should be "Change in Migrant Worker Circumstances" Instead for "sponsor continuing to sponsor migrant worker" in my case i.e. increase in salary. I am taking reference from the Sponsor policy guidance for Tier 2 (Page 47, para 15.7, point d)

https://www.gov.uk/government/uploads/s ... _04-14.pdf

Apologise and correct me if I am wrong.

Regards,
Hassan

[sams4u29]

Hi Manci,

My situation is similar to this where in I was sponsored for Tier 2 Gen visa under Job type:2132 from PSW 2.6 yrs ago
but now, I have been promoted for a senior position with the same responsibilities, hence raise in salary & my visa is due to renewal/extension after few months.
Will this cause any problem? what Job type should be used now as 2132 is now Obsolete.
should the company do any RLMT test for extension? as 2132 is now not in use

Please let me know how I/my company should proceed further for extending the visa?

Sam

[manci]

@sams4u29
SOC code 2132 has been replaced by codes 2135, 2136 and 2139. If in the new CoS your job type is stated as being in any of these 3 replacement codes you will not need an RLMT for the extension

[sams4u29]

Hi Manci,

Many thanks for the quick reply
I have another question regarding the salary increment should my Employer update/inform UKBA for any reason that my role is been promoted and hence salary is increased before the next extension?

So, for an Extension all I need is a new COS with one of those three Job types & should I maintain bank balance for 3 months like the first time when I first switched into Tier 2 to prove the maintenance for me and my dependant?
If so, How much should be maintained in the Bank?

[callie22]

Hi Manci,
I have a similar question to the above poster.
I have been given some extra responsibilities at work and am paid for them, in addition to annual salary increases. These responsibilities are on top of my original job. I did have to apply and interview for this more senior position about two years ago and was up against external candidates.

Is this likely to affect my visa extension? The job is in the same SOC code as when I got my original tier 2 visa. I am also worrying that perhaps my employer didn't inform UKVI about this and that my visa extension will be affected. I've already applied and am waiting anxiously to find out whether it's been approved.
Thanks for your help!

[manci]

@callie22
The key is the SOC code which reflects the core duties. If the core duties don't change one can continue under the existing CoS. If the core duties change a new CoS and a change of employment application are needed.

Normal annual salary increases and bonuses don't have to be reported but if there is a larger than normal increase (NB: it is not defined what is "normal") that should be - see above in this thread.

There is unlikely to be a problem with your application on account of this.

[manci]

Hi Manci,

Many thanks for the quick reply
I have another question regarding the salary increment should my Employer update/inform UKBA for any reason that my role is been promoted and hence salary is increased before the next extension?
see above (callie22)

So, for an Extension all I need is a new COS with one of those three Job types & should I maintain bank balance for 3 months like the first time when I first switched into Tier 2 to prove the maintenance for me and my dependant?
If so, How much should be maintained in the Bank?
maintenance is not needed for extension applications, you will be automatically awarded 10 points

[callie22]

Hi Manci,

Thank you for your advice! Hopefully my visa comes soon!