new salary tresholds

[teator]

Hi,

The minimum required salary for my SOC code has gone up after April 2015 changes and my salary no longer falls within this frame.

Do I need to get my salary and/or hours reviewed by my employer to satisfy new requirements?

Will this affect my 10 years long residency ILR application in Feb 2016?

Hope someone can help clear these questions for me.

[justdopposite]

I believe the new salary requirements are only applicable at the time of visa application, and should not affect your ILR application. Would be good if others can confirm this.

[iworker]

you should be paid the correct salary according to relevant SOC code at all times.
At the time of ILR, your employer needs to confirm that u are needed for foreseeable future and that you are being paid correctly.
Besides, in interim if you get a company visit, they could be in trouble for not paying correct salary.

[talk2ram.28]

I do not think 10 year route to ILR is based on salary. In my opinion it is 10 years of continuous lawful residence with any combination of visa.
--------------------------------------------------------
https://www.gov.uk/long-residence/eligibility
2. Eligibility
You must have permission to stay (‘leave to remain’). This can be in any immigration category, or a combination of different immigration categories.

You must also have:

been in the UK legally for 10 years (known as your ‘continuous residence’)
kept to the terms of your UK visa
If you’re aged 18 to 65 years old, you must:

pass the Life in the UK Test
prove you have sufficient English language skills
If you don’t meet these 2 requirements you can apply to extend.

Your 10-year qualifying period starts from either:

when you arrived in the UK with a visa
when you were given permission to stay in the UK
Continuous residence
Continuous residence is time you’ve spent in the UK without gaps.

You can leave the UK during the continuous residence for up to:

180 days at a time
540 days in total
You can’t count time spent in:

a prison, young offender’s institution or secure hospital
the Republic of Ireland, Isle of Man or Channel Islands

[teator]

OK, so if salary/hours adjustment is necessary then there are two options:

1. Keep same salary and reduce the hours: this way the hourly rate increases, but gross salary received will be less than specified for SOC code. Is this allowed? What is main point for HO to consider hourly rate or gross salary?

2. Negotiate higher salary with employer for same 39 hours per week. In this case if salary goes beyond the range advertised in RLMT does it means that we need to go through all that RLMT-RCOS-visa process all over again?

[manci]

OK, so if salary/hours adjustment is necessary ....
not necessary unless you need an extension of your T2 leave before applying for long residence ILR

[teator]

OK, so if salary/hours adjustment is necessary ....
not necessary unless you need an extension of your T2 leave before applying for long residence ILR

Thanks manci
I trust your expertise and much relieved now
I do not need T2 extension before my ILR

[teator]

Hi manci,

I have noticed your reply to a similar question http://www.immigrationboards.com/uk-tie ... 84702.html
where you suggest opposite. I understand kedaiapps is applying for ILR on different grounds being 5 years on T2 in which case it is necessary to submit payslips along other documents.

Although I will apply for Long Residence ILR, I was thinking to support my case with payslips to show that I was and intend to be economically active. Sorry but LR settlement guide is very fuzzy and not very descriptive.

So would you suggest me getting my salary/hours revised? Why there would not be requirement to follow T2 rules and be paid the correct salary at all times as iworker suggested above? Is there really such a big difference in requirements towards getting ILR via different routes although final visa category before ILR for both kedaiapps and me are the same T2?

[manci]

read the caseworker guidance on long residence applications:
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf