Tier 2 ILR - Need Help and advise please

[SSDar]

Hi,
I have been UK since January 2007. I completed my studies and got a PSW in September 2009. I then got a job in July 2010 and have been working for the same employer since. They sponsered me in August 2011 and i got 2 years VISA for the first application i made. I then reapplied in August 2013 and got 3 years leave to remain in the country which expires in August 2016. My profession code is: SOC code 2112 and i am earning £27900 per year excluding bonus. With these new rules being introduce in 2016 my questions are:

- Will i be able to apply for ILR in 2016?
- Am i right to believe that these rules will remain same till i apply for ILR, which is due in August 2016, ?
- Can i apply before 6th April 2016 to extend for 1 more year? solely because i will meet the 10 year route requirment in January 2017.
- Is there any other way i can apply for ILR?
I called the UKVI and the person who attended my call said that the minimum threshold is £35000 regardless of profession. Hnece i am confused to what is right????

I will really appreciate if someone can help me in this regard.

Thanking you in advance.

Best regard,

Saba

[manci]

Hi,
I have been UK since January 2007. I completed my studies and got a PSW in September 2009. I then got a job in July 2010 and have been working for the same employer since. They sponsered me in August 2011 and i got 2 years VISA for the first application i made. I then reapplied in August 2013 and got 3 years leave to remain in the country which expires in August 2016. My profession code is: SOC code 2112 and i am earning £27900 per year excluding bonus. With these new rules being introduce in 2016 my questions are:

- Will i be able to apply for ILR in 2016?
wasn't the job you got in July 2010 T2G? If it was you are eligible to apply for ILR in June 2015 and the salary required is as per the current codes of practice:
https://www.gov.uk/government/uploads/s ... l_2015.pdf
If you apply after 5 April 2016 the salary has to be min £35k or what will be the min salary as per the job SOC code then (they change annually on 6 April) whichever is the higher.

- Am i right to believe that these rules will remain same till i apply for ILR, which is due in August 2016, ?
no crystal ball

- Can i apply before 6th April 2016 to extend for 1 more year? solely because i will meet the 10 year route requirment in January 2017.
yes, you can

- Is there any other way i can apply for ILR?
I called the UKVI and the person who attended my call said that the minimum threshold is £35000 regardless of profession. Hnece i am confused to what is right????
see above

I will really appreciate if someone can help me in this regard.

Thanking you in advance.

Best regard,

Saba

[SSDar]

Thank you very much Manci. Really appreciate your help.
When i got the job in 2010 i was on PSW and as far as i am aware it does not count anymore towards T2G .
So am i right to say that the best way is to apply for 1 year extension before April 2016?
Is there a salary threshold for 10 years residence category?
My husband is with me as my dependent how will this effect his VISA which is currently valid till August 2016? Will i have to renew his too? Between he came over in September 2014.
Many thanks.
Best regards,
Saba

[SSDar]

I am a little confused after reading this:

"There will be an exemption from the £35,000 minimum pay threshold for migrants who are sponsored in a job listed either on the PhD-level occupation list or the shortage occupation list at any point during the migrant’s sponsored employment".

I guess the PhD level skills are set in SOC. Unless i am wrong it seems i meet the salary requirments?

Could you please please help. This whole process is very stressful.

Thanks very much. I am grateful.

[manci]

I am a little confused after reading this:

"There will be an exemption from the £35,000 minimum pay threshold for migrants who are sponsored in a job listed either on the PhD-level occupation list or the shortage occupation list at any point during the migrant’s sponsored employment".

I guess the PhD level skills are set in SOC. Unless i am wrong it seems i meet the salary requirments?

you are right, SOC code 2112 is PhD level and as such exempt from the £35k threshold. See bottom of p7 and top of p8:
https://www.gov.uk/government/uploads/s ... as-soi.pdf

Could you please please help. This whole process is very stressful.

Thanks very much. I am grateful.

[londontraveller2011]

Hello everyone!

I would like to clarify regarding the £35,000 salary requirement for ILR. I will be eligible in 2017. My question is, should £35,000 be the salary stated on the last COS used to get a T2 gen visa leading to 5years T2 visa? Or can it be the minimum salary only at the time of ILR application?

Another question please. I will be renewing my T2 visa this year and will be changing employers. I will not be required to submit any proof of maintenance, is that correct?

Thank you for your time.

[manci]

Hello everyone!

I would like to clarify regarding the £35,000 salary requirement for ILR. I will be eligible in 2017. My question is, should £35,000 be the salary stated on the last COS used to get a T2 gen visa leading to 5years T2 visa? Or can it be the minimum salary only at the time of ILR application?
the salary only has to be £35k or the minimum as per the job SOC code, whichever the higher, at the time you apply for ILR and this will have to be confirmed by your employer in writing

Another question please. I will be renewing my T2 visa this year and will be changing employers. I will not be required to submit any proof of maintenance, is that correct?
yes, that is correct

Thank you for your time.

[londontraveller2011]

Hi Manci,

I would like to ask regarding the £35,000 salary requirement for ILR by 2017, how much contracted hours would be accepted? I will be doing 48 contracted hours to meet the £35,000 annual salary.

Thank you!

[manci]

Hi Manci,

I would like to ask regarding the £35,000 salary requirement for ILR by 2017, how much contracted hours would be accepted? I will be doing 48 contracted hours to meet the £35,000 annual salary.

Thank you!

see 245HF(d) in Appendix I to the immigration rules:
https://www.gov.uk/government/uploads/s ... _final.pdf

There is only reference to the gross annual salary, not to the hours worked. Also, your salary only has to be the min. specified at the time of the ILR application, not now.

[londontraveller2011]

Thank you Manci.

Another query please.

I initially arrived in the UK in July 2012, however has not worked for my sponsor due to cessation of my specific training in their workplace. So I had to look for another company and did a change of employment application. I started working for the new company in October 2012. I am confused if my stay here on a Tier 2 visa without even starting to work for my sponsor is counted or not.

When will I be eligible for settlement? Would it be 5 years after I arrived in the UK in July 2017? Or October 2017, 5 years after I started work with my new sponsor?

Thank you very much Manci!

Thank you

[manci]

Thank you Manci.

Another query please.

I initially arrived in the UK in July 2012, however has not worked for my sponsor due to cessation of my specific training in their workplace. So I had to look for another company and did a change of employment application. I started working for the new company in October 2012. I am confused if my stay here on a Tier 2 visa without even starting to work for my sponsor is counted or not.

When will I be eligible for settlement? Would it be 5 years after I arrived in the UK in July 2017? Or October 2017, 5 years after I started work with my new sponsor?
5 years after you landed in the UK subject to the penultimate paragraph on p28:
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Thank you very much Manci!

Thank you

[SSDar]

Hi Manci,
I need your help pease.
The first time i was granted leave as TIER 2 (from PSW to Tier 2)was from 27-09-2011 till 15-08-2013, second time it was from 22-08-2013 till 29-08-2016. I think there is almost a month’s difference whereas UKBA only allows difference of 28 days so technically the day my leave expires i become eligible for ILR.
Could you please tell me if i need to extend my VISA first or is this shortfall insignificant?
If i am eligible for ILR what date should i apply it on?
Could you please please help i will be very grateful.
Thanks very much.
Best regards,
SSDar

[manci]

Please read the FAQ, especially Q3 and Q5:
http://www.immigrationboards.com/indefi ... 99638.html

[SSDar]

Thanks very much manci, i have read the answers you referred to. Still not sure, Shall I apply for extension first? I am only 1 or 2 days short of qualifying period. Also i need to know if PhD level occupations are exempt from £35000 salary threshold, as it also says"which ever is higher".
I am really sorry to ask you same thing over and over again. Kindly advise me please.
Thanking you.

[vinny]

Option 2?

See also 245HF(f).

[manci]

IMHO there is no need to apply for an extension. Your T2 leave expires on Monday 29/08/2016 (Bank Holiday). Suggest you make an in-time postal application for ILR on Form Set(O) on Friday 26 August using Royal Mail Special Delivery . NB: Don't use the premium service (see below).

All indications are that if you meet all requirements on the day of the HO decision
the application will be granted. IMHO this also covers the rule of not making an ILR application earlier than 28 days before the end of the qualifying period. Although this is not explicitly stated it is implied, for instance, by the SET(O) guidance about premium service applications:

"Please ensure that your Premium Service Centre appointment is no earlier than 28 days before you complete your qualifying period. If you attend a Premium Service Centre appointment and submit your application more than 28 days before completing your qualifying period, your application will normally be refused and your fee retained."


Note: in case of premium service applications the submission date and the decision date is the date of the appointment (in some cases the decision can be later).

As you will have to have your biometric data captured before a decision is made on the application, there is zero possibility that you will not be within the 28 day rule on the date of the decision.

[SSDar]

Manci and Vinny,

Thanks ever so much. God bless.
Extremely sorry for being annoying but thanks very much for your tolerance.
I am feeling at ease now.
Best regards,

SSDar

[manci]

you haven't annoyed anyone, the forum is here to help.

[SSDar]

I need to ask question regarding my dependent.
Mine and my husband's visa expires on 29 August 2016. I am applying for ILR and he is extending his leave as tier 2 dependent. Shall i apply for mine first and then his or shall i deal with each application separately as far as it is before the 29th??
Please please help...

Many thanks in advance.

[noajthan]

No need to post same question multiple times. This is your topic so this question is fine.

No doubt someone will respond when available.
Stand by.

[SSDar]

apologies, but i thought tier 2 topic is more relevant to the question i posted. i wanted to delete it from here but i don't think i can.
I also need to know about paying my health surcharge for my husband.The online form ask's me for my visa expiry which is 29-08-2016 hence it calculates the IHS = £0.00 (no need to pay any). As far as i understand he needs to pay £600 (that is for 3 years) but we have no idea how should he pay?
Help please.

[noajthan]

...

I also need to know about paying my health surcharge for my husband.The online form ask's me for my visa expiry which is 29-08-2016 hence it calculates the IHS = £0.00 (no need to pay any). As far as i understand he needs to pay £600 (that is for 3 years) but we have no idea how should he pay?
Help please.

fyi - Board policy on multiple posts

For completely separate questions for a separate person you (they) can open a new topic in appropriate forum rather than reviving someone else's old topic.

For IHS see: https://www.gov.uk/healthcare-immigrati ... cation/pay