Tier 2 visa general 5 years route (Switching from Tier 4)

[tellmewhy99]

Hi guys,

apparently, my lawyer has advised me that in order to go through 5 years route of tier 2 general
I must meet the experienced salary category,

I kinda doubt it as I've read through the guidance from gov.uk a lot of times and din't really see such
a rule in there.

any advise would be really useful,

thanks you very much!

[iworker]

he is right. u can not be assinged a cos for 5 years based on a new entrant salary.

[physicskate]

Hi guys,

apparently, my lawyer has advised me that in order to go through 5 years route of tier 2 general
I must meet the experienced salary category,

I kinda doubt it as I've read through the guidance from gov.uk a lot of times and din't really see such
a rule in there.

any advise would be really useful,

thanks you very much!

There is a salary requirement when applying for ILR for ILR applications made after 6 April 2018.
http://lifeintheuk.net/index.php/news/s ... ettlement/

http://www.morganlewis.co.uk/index.cfm/ ... 8500a9a91c

Yet I couldn't find the rule in policy documents (this is likely because the first applications affected by this rule will not be made for nearly four more years...)

[shady87]

@physicskate;

I think you have it wrong.
The £35,000 is just a threshold.

This is what it says in the link I'll provide below;

"Eligibility
You can apply if:

you have a Tier 2 (General) visa
you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (‘continuous residence’)
your employer (sponsor) still needs you for your job
you get paid the relevant salary listed in the Codes of Practice"

https://www.gov.uk/settle-in-the-uk/y/y ... -2-general

As long as your employer needs you and you are paid the correct salary based on your SOC code then you can be given ILR.

https://www.gov.uk/government/uploads/s ... 4_V0_6.pdf

[physicskate]

@physicskate;

I think you have it wrong.
The £35,000 is just a threshold.

This is what it says in the link I'll provide below;

"Eligibility
You can apply if:

you have a Tier 2 (General) visa
you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (‘continuous residence’)
your employer (sponsor) still needs you for your job
you get paid the relevant salary listed in the Codes of Practice"

https://www.gov.uk/settle-in-the-uk/y/y ... -2-general

As long as your employer needs you and you are paid the correct salary based on your SOC code then you can be given ILR.

https://www.gov.uk/government/uploads/s ... 4_V0_6.pdf

I misunderstood the original post. I thought they were asking about ILR after 5 years...

There WILL be a salary requirement for ILR of making a minimum of £35,000 for ILR applications made after 6 April 2018. This is not in the policy documents yet, as it does not yet affect anyone making any ILR applications. I have heard that shortage occupations are exempt. This will affect people joining the Tier 2 track after 28 days before 6 April 2013.

I am not mistaken.

[shady87]

@physicskate;

WOW!!!
I guess I didn't want to believe it.
So you must be earning £35000 or more (Regardless of whether what you are being paid is more than the required salary for your SOC code?) if applying by April 2018?

[physicskate]

@physicskate;

WOW!!!
I guess I didn't want to believe it.
So you must be earning £35000 or more (Regardless of whether what you are being paid is more than the required salary for your SOC code?) if applying by April 2018?

If applying After. Yes.

You will also only be allowed Tier 2 General for a max of 6 years... which means you have six years to get that salary.

They are trying to decouple working visas with ILR... in order to sell the idea that they are 'temporary.'

[shady87]

My current Tier 2 Expires April 2016.
I'll be applying for a renewal (extra 2 years) in early March 2016.
This means I'll be applying for my ILR in March 2018.
Should I assume I'll be safe?
How early is it to apply for extension? 30days before expiry? or more?

[physicskate]

My current Tier 2 Expires April 2016.
I'll be applying for a renewal (extra 2 years) in early March 2016.
This means I'll be applying for my ILR in March 2018.
Should I assume I'll be safe?
How early is it to apply for extension? 30days before expiry? or more?

CORRECTION:

In my earlier posts, I intimated the date this enhanced income requirement is from 6 April 2018. In this policy document:

https://www.gov.uk/government/...data/. ... as-soi.pdf

It says this is to take effect from 6 April, 2016. The £35,000 min salary level (or SoC, whichever is higher) will be held at that level until 6 April, 2016.

[shady87]

Can you please verify the link.
It seems to be broken.

[physicskate]

Can you please verify the link.
It seems to be broken.

Oh crumbs!

https://www.google.co.uk/#q=tier+2+ilr+2016&safe=active

Here is the google search I got it from. It is the top link. These changes have been adopted, but this statement is from 2012.