Applying to ILR with new salary

[Andreskdr]

Hello,

I applied yesterday for my ILR but unfortunately it was refused because I wrote in the application form the wrong salary different to the one from my COS and My employee did not explain clearly in the letter what my full salary was.

I put in the application form that my salary was £22.000 per anum. However, my COS says my salary is £22.278.

Unfortunately my employee said in the letter: The applicant salary is £22.000 per year + Health care allowance. The health care allowance is £278 but he didn't mention my full salary.

If I had put the salary that my COS says, I would have now my application granted

What should I do? Should I apply to a visa administrative review or should I apply again and write the correct information? and if so, am I allowed to apply again after my application was refused?

I am not sure if the administrative review will work, as I did sent wrong information in the application form. Please help!

Any information will be very appreciated.

Thanks

Andreskdr.

[CR001]

Are you on Tier 2 General visa?

If yes, for ILR you are required to meet £35,000pa salary.

Admin review won't help as HO is correct in their refusal. Admin review is only for when HO have made an error.

[Andreskdr]

Thank you, I forgot to mention that my job is in the Shortage Occupation List and is free from the 35k rule. And yes, I am in Tier 2.

If the administrative review doesn't work, am I allowed to re-apply and send this time all the correct information?

[CR001]

Yes, you are free to reapply at any point.

[Andreskdr]

Thanks! appreciate the information

[Andreskdr]

I have another question: the HO retained all my supporting documents after the refusal. For how long they will keep my documents? I need them for new application

[seasky]

is this a case when AR just might work?

[Andreskdr]

Administrative review will not work because the decision was based on the information provided in my application.

The Solihull Premuim centre doesn't has any phone number. I have to send a letter explaining my case and requesting my documents to send a fresh application.

[Andreskdr]

Hello,

I will apply to ILR via Tier 2 at the end of April.

My sponsor has increased my salary and It should be effective before the application.

However, the bank statements from the previous months still show the old salary (February and March)
I don't know neither if I should include the previous payslips with the old salary.

Is this going to be a problem for my application? even if I will show the latest payslip and the bank statement of April with my new salary and the letter from my employer certifying my new salary?

Please advise. Thanks!

[Casa]

You should be aware that if there has been a sudden salary rise to meet ILR requirements the sponsor is likely to be visited, possibly resulting in the suspension of licence and ultimately a refusal of ILR.

The HO have reported a noticeable abuse trend developing of an increase of salary shortly before the employee is due to apply for ILR.

Is the increase considerably different from your previous salary level

[CR001]

You should be aware that if there has been a sudden salary rise to meet ILR requirements the sponsor is likely to be visited, possibly resulting in the suspension of licence and ultimately a refusal of ILR.

The HO have reported a noticeable abuse trend developing of an increase of salary shortly before the employee is due to apply for ILR.

Is the increase considerably different from your previous salary level

OP's stated job is on the shortage occupation list so exempt from the £35k salary requirement.

[Andreskdr]

My previous salary was 22450 and will be raised to 24450

Is this a big problem?

[Casa]

My previous salary was 22450 and will be raised to 24450

Is this a big problem?

No. See CR001's correction to my post. I omitted to trawl through your previous posts where you mentioned the shortage occupation. Although I believe you've posted an error in your previous/new salary.

[Andreskdr]

That is true. I applied previously, but my sponsor gave me a letter saying that my salary was 22000 when it was in reality 22450 including the benefits and allowances. This was a mistake from my employer.

The minimum salary for my position is 21500 from the shortage occupation list.

Applying the formula, 22000 was not enough to meet the threshold:

22000 x 39 (COP hours) / 40 (my hours) = 21450

My application was refused because of this formula.

But 22000 was not my real salary, it was 22450 and it was meeting the threshold:

22450 x 39 (COP hours) / 40 = 21888

IF you say there is a big risk by changing my salary just one month before, what should I do to avoid problems to the company and have my ILR granted?