How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your Law Question Here...
UK_Lawyer is online now

Hi. I got leave to remain in the uk as minister of religion

Resolved Question:

Hi. I got leave to remain in the uk as minister of religion and now want to extend the visa. My sponsor want to decrease my wage from £ 18000 to £15000. Is the sponsor allowed to do so? My second question is that I have three dependents with me. I showed their maintenance last time when they were granted visa. Am I required to show the maintenance again for them and my sponsor is A Rated and agreed to shoe the maintenance in the certificate of sponsorship. Please advise me accordingly. Thanks for great piece of advice.
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question.

Could you confirm how long your original visa was granted for?
When did you arrive to the UK?

Kind regards
Customer: replied 3 years ago.

I arrived in the UK in January, 2010 on student visa. The original visa was granted for 3 years in February, 2011. I switched into Tier 2 (Minister of Religion) from Student Category.


 


My visa will expire in the end of this February, 2014. My wage was £18000 for this period. Now employer wants to minimize it upto £15000. According to my search, sponsor can't minimize it. But some people say that its charity and receiving donations to run it so they can minimize the wage.


 


1. Can my sponsor minimize my wage.


 


2. Should they have to issue certificate of sponsorship for next 2 years or 3 years please.


 


3. How should i show the maintenance for my dependants. Mentioning in certificate of sponsorship (sponsor is A-Rated) will suffice or any bank statement required to fulfil the criteria. I think that no need to show the maintenance as i already showed last time when my dependants arrived in the UK.


 


Thanks for your considerations.

Customer: replied 3 years ago.

Relist: Other. The response from the lawyer was ok but u r requested to Please open my question to all solicitors who are online as i need to get the accurate answer with references asap. Thanks

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.


1. Regarding minimising your salary, this again can be done but must not fall below the minimum wage requirements as this will mean that your certificate of sponsorship will not be issued. Therefore any deductions in wages needs to be above the minimum wage and in line with the requirements for a minister of religion. Your employer should contact the home office for further details. If the incorrect wage is being given your certificate of sponsorship will not be issued. And you will not be able to apply for an extension.

2.. In respect of a certificate of sponsorship, yes this would be required as your previous certificate would have expired. Therefore your employer needs to issue you with a new certificate of sponsorship. But this should already be known to them, if they do not then they should contact the home office who issued them a licence for further clarification.

3. You still need to show maintenance, whether it is in the certificate of sponsorship or in your bank account. You should therefore ensure that if your employer is not maintaining your dependents you have enough funds in your account to meet the requirements.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

Many thanks for satisfactory reply. But need some of more info plz. Hope u will consider my request.


1. What should be the minimum wage rate per annum on which visa of minister of religion is being granted in practice. If they give me wage of £12500 per annum. Would it be right and justified becoz due to recession they want to decrease but they dont want to loose me in case of refusal.


 


2. Can u plz give some of references in regard to evidences of answer no 1.


 


3. May I use T (W2) form to extend my stay and that application os free of cost.


I would be gratful for ur detailed answers please. Definitely ur answers are clarifying me and I would recommend high rating for ur rwsponse. Many thanks. Awaiting ur response. Plz email me all of answers as well as I need to show this legal advice to my sponsor. Thanks.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

1. Please see following link in respect of the minimum wage requirements :

http://www.hmrc.gov.uk/payerti/payroll/pay-and-deductions/nmw.htm

2. Home office state that the certificate of sponsorship must confirm that the applicant will receive pay and conditions at least equal to those given to settled workers in the same role, that the remuneration complies with or is exempt from National Minimum Wage regulations, and provide details of the remuneration.

Your employer should have a contact number for the home office and they can contact them directly to confirm this.

3. You can only use t(w2) form if you were granted permission to remain in the uk under Tier 2 minister of religion for less than two years, in your case as it was for more than two years you cannot apply using this form.

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/ministerofreligion/applying/t2wform-minister/

I hope this answers your question.

Kind regards
Customer: replied 3 years ago.

Thanks for ur kind answers. In regaed to T (W2) form, there is mentioned that if u previously granted visa maximum for 3 years. But I think that form is only for those migrants who got visa before 9 oct 2008. They can use that form under the transitional arrangement. Plz verify it and confirm to me then I will use that form on ur advice and iats free of charge. Thanks. Awaiting ur lind response.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Yes the t2(w) form is for those who obtain a tier 2 visa under the transitional agreement. In your case you would need to apply using form tier 2.

I hope this answers your question.

Kind regards
Customer: replied 3 years ago.

Thanks for ur accurate timely answers. My last query is that i dont want to attach wage slips and my bank statement with my application as employer completed my wage £18000 in the last month of tax year means in march 2013. Is it sufficient to attach my P-60 Form only with application as it shows full wage per annum that is £18000. Awaiting ur rwsponse. Excellent service was provided. I will use this faciloty again whenever I will be needed.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Yes you will need to provide your payslips but if you only probide your p60 they can ask you to provide it after, that is because the home office wants to see your earnings at the time of application, not what it was in the previous tax year.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 3 years ago.

Thanks for ur kind reply. am again double minded on minimum wage rate for minister of religion. National Minimum Wage rate is 6.31 for the age of above than 21 years according to the link you provided please.

 

1. My sponsor wants to give me 6.80 per hour for 30 hours per week due to recession. That is £204 for a week. And Annually is £10,608. Is that ok for Minister of Religion to get extension please as far as i was receiving £18000 per annum wage since last 3 years. And am agree on new wage adjusted by the sponsor.

 

 

Thanks at the end for your satisfactory responses. Many Thanks.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Please read the document below it states that you must be paid the minimum wage. But the problem is that if you have always been given £18,000 then any decrease in wages could result in you not being able to apply for ILR.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/codeofpracticereligious

If you still have questions ask your employers to contact 0300(NNN) NNN-NNNN they will be able to clarify everything.

I hope this answers your question.

Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions