Eligibility - ILR

[sree99]

Hello Members,

I have been in UK on Tier 2 Genera visa which was approved in Aug 2013. Could anyone please advise me if I would be able to apply for ILR by the end of 5 years of my time 2017.

Also could you help me if there is certain amount of annual salary I should be getting for being eligible to apply for ILR. As per my understanding the cut off is 36K per annum post April. Could you advise on the same.

Appreciate for any information shared.

-Regards

[chetan0229]

Hi,
correct me if got your numbers wrong.

Visa stamped: Aug 2013
You would be completing your 5 years under Tier 2 General by Aug 2018.
Yes, you would be eligible and able to apply for ILR at earliest of 28 days prior to end of 5 years provided your latest leave to remain grant as Tier 2 General.
From April 2018, an applicant must applying for ILR from Tier 2 Genera route must shown annual income of 35,500GBP.

[sree99]

Hi Chetan,

Thank You for the response and also for correcting me on the year.

Does 35,500 GBP pay will be applicable for the pay scale starting April 2018 only?

If I am applying for an ILR in Aug 2018 then does that mean only my April - Aug 2018 pay slips if reflect 35,500 GBP annual sal should fulfil the criteria?

As presently I am on 33,000 annual pay and the pay would be revised over the time. And that is causing me worried as I am not sure if I need to negotiate my pay terms for getting an eligibility for residency since the count for entire 5 year term?

Thanks again Chetan, very much appreciate your advise!

-Regards,
Sree

[deathgaze1]

I believe you need to be at the required pay scale only when applying and not for the whole 5 years period. You will need to show payslips and corresponding bank statement to prove it.

You are right, negotiate for a pay over GBP 35,500.00 for April 2018 and you should be fine when applying in Aug 2018.

[Traumanursey]

hi,
I'm new to this. I'm wondering if someone could enlighten me wheter i will be able to apply for ILR? I had a tier 2 general visa for a nurse since august 2011, then changed sponsor october 2013, all being well my 5th year would be this august 2016, i work in nhs and annual pay is 23,000. Will i qualify for ILR?

[chetan0229]

Hi Traumanursey,

Since you were granted leave as nurse or midwifery and earning higher than 20,500 GBP, I do not see any problem with your eligiblity towards ILR in 2016. Unless,

1) You do not have more than 180 days absence from UK in a calendar year
2). Between switching new sponsorer, you do not have more than 60 days gap.

please note that HO have introduced a limit of maximum duration that can be extended on tier 2 G category. In your case, you cannot extended beyond 6 years.

So my advise would be apply as soon as you hit 5 year mark.

Hope this helps

All the very best.