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While the vast majority of jobs in the UK are salary based, there are still many that rely on a commission/bonus model in order to give staff a compelling reason to earn additional income for their business. For many people this is a great idea and an ideal system for them to earn more money, but how does this fit if you are either looking to move to the UK on a Tier s2 General Visa, or are looking to switch employers within the UK from a traditional salary model to a commission based one? Well, in this article we're going to look at how a commission/bonus based earning model interacts with the requirements of the Tier 2 General Visa.
There are many businesses that base their staff pay on commission or bonus models. Many of these business rely on product or service sales to make their income. The reason for this choice of pay is simple: bonuses/commissions give salespeople an incentive to sell products. The theory behind this is that if you give people incentives, they will be better at making sales. We're not here to discuss the merits of the system, but many people successfully work within a commission/bonus model, and thrive on the potential to make more money.
Many different occupations that revolve around sales will have some sort of commission/ bonus based model. Jobs such as car salespeople, estate agents and various other roles that require a high level of sales skill will generally offer an opportunity to increase the wages of the sales staff. This generally comes at a cost - usually these roles will offer significant options for making extra income, but would offer a lower salary in order to encourage salespeople to sell more. The salary element is important for Tier 2 General Visa holders and we will look at that in the next section.
Clearly one of the biggest obstacles for Tier 2 General Visa holders is ensuring that their employment fits with the requirements of their visa. This means that for those who are looking to move to the UK, or are currently in the UK and looking to switch employers, they will need to ensure that their new role still meets the eligibility criteria as laid out by UK Visas and Immigration (UKVI). This means that whatever role you are looking to take on will need to meet the guaranteed income requirements of at least £30,000 per year. You may ask what if my salary is less than that but I have the opportunity to make more money?
The problem with the Tier 2 General Visa is that you will need to have a guaranteed income of £30,000 a year. This means that, theoretically at least, you could earn less than £30,000 a year on your salary as long as your bonus/commission was guaranteed to take you over the minimum requirement. This is where this will normally come undone, as employers are very very unlikely to guarantee bonuses or commission to their staff. The whole reason for the bonus/commission in the first place is that it is intended to give the employee a reason to push harder. It is very important you understand this distinction before applying for a Tier 2 General Visa. If you need to discuss your options then please get in touch with our immigration solicitors. They will be able to help you to look at the job you are pursuing to see whether it will be suitable to meet the requirements as laid out by UK Visas and Immigration (UKVI).
In the instance that your employer will not guarantee your bonus or commission, and the salary is under £30,000 per year, you will simply not be able to use this role to apply for a Tier 2 General Visa. Unfortunately the guidance is very clear, and unless you can get confirmation from your employer that you will be earning more than £30,000 per year, not only will they not be able to give you a Certificate of Sponsorship, but you will not be able to apply for a Tier 2 General Visa.
As long as you're in the UK on a Tier 2 General Visa, you are going to hit the same issue no matter who you employed by. The minimum £30,000 requirement is not going to disappear even if you move employers or wish to switch to a commission based model. You will still need to have the guarantees in place in order to satisfy the requirements of the Tier 2 General Visa to be able to live and work in the UK.
Once you have gained Indefinite Leave to Remain, you will then be free to take on any employment that you wish, and this includes commission based model employment. Whilst it is possible to work in the UK on a Tier 2 General Visa in a job with a commission based model, it is very unlikely that you're going to find an employer who's willing to guarantee bonus and commission that will take you over the minimum level. It is always worth getting in touch with our immigration solicitors if you are looking at a new job and want to see how it will fit into your visa prospects. So if you are in this position, call today and our team will be happy to help.
If you need help with a Tier 2 General Visa issue then please get in touch. Our team of experience immigration solicitors can help you to make the decisions that ensure you stay eligible and within the limits of your visa. So if you are having issues, or just have an enquiry, please call today and our team will be happy to help.
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My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
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