35k queries, please help

[tier2_applicant]

Hello everyone,

I have a few queries concerning the 35k rule specific to my own case that I hope you can help with.

My history: I came to UK in Sep 2008 for my masters and was on post study work visa till Nov 2011.

My current employer (where is started work in Dec 2010) sponsored my Tier 2 visa from Jan 2012. This visa/BRP was valid till 2015. I got an extension last year on this till Jan 2018. My wife joined me as my dependent in June 2014 and her BRP is same validity as me.

I understand that I will be eligible for ILR in Dec 2016/ Jan 2017. As my current salary is less than 35k, I wanted to know:


1. From 6 April onwards, am I still legal to stay and work as I am doing currently?

2. Till when can I legally stay and work in my current job, with my current salary (less than 35k): is it Dec 2016/ Jan 2017 or is it Jan 2018 (as my BRP is valid till then)

3. Is it mandatory for me to apply for ILR or leave UK by Jan 2017 or is it Jan 2018 (when I would have been working in UK on Tier 2 for 6 years)

4. Does the whole situation affect my wife in any way? I understand that she will be staying or leaving the country as I do.

I hope you can help with these queries.

Thank you.

[ouflak1]

Hello everyone,

I have a few queries concerning the 35k rule specific to my own case that I hope you can help with.

My history: I came to UK in Sep 2008 for my masters and was on post study work visa till Nov 2011.

My current employer (where is started work in Dec 2010) sponsored my Tier 2 visa from Jan 2012. This visa/BRP was valid till 2015. I got an extension last year on this till Jan 2018. My wife joined me as my dependent in June 2014 and her BRP is same validity as me.

I understand that I will be eligible for ILR in Dec 2016/ Jan 2017. As my current salary is less than 35k, I wanted to know:

1. From 6 April onwards, am I still legal to stay and work as I am doing currently?

Yes you are legal. This requirement is enforced only for ILR applications.

2. Till when can I legally stay and work in my current job, with my current salary (less than 35k): is it Dec 2016/ Jan 2017 or is it Jan 2018 (as my BRP is valid till then)

Jan 2018

3. Is it mandatory for me to apply for ILR or leave UK by Jan 2017 or is it Jan 2018 (when I would have been working in UK on Tier 2 for 6 years)

There is no requirement that you apply ILR at all, much less at a specific time.

4. Does the whole situation affect my wife in any way? I understand that she will be staying or leaving the country as I do.[/color]

I hope you can help with these queries.

Thank you.

You understand correctly. Her status effectively follows yours. If you can get another extension, then you will qualify for 10 year long residence in September 2018 for which there is no salary requirement.

[tier2_applicant]

Hello ouflak1,

Many thanks for your answers and clarifying the rules.

One further question regarding your last comment:

You understand correctly. Her status effectively follows yours. If you can get another extension, then you will qualify for 10 year long residence in September 2018 for which there is no salary requirement.

Another extension is not possible for Tier2, right? I have already had one in my case.

Thank you

[ouflak1]

Yes, six years maximum. Just took a look at your dates again. Hopefully you can crack that salary barrier sometime within the Jan. 2017 and Jan 2018 timeframe (and they don't change it upwards even more). Good luck.

[tier2_applicant]

ok, thanks a lot for confirming this.

I hope so too !

cheres