Tier 2 - ILR Post 6th April 2017

[DEEPAM]

Hi

I am currently on tier 2 general visa and about to apply for my ILR on May 20. I have a query in regards to the salary threshold . Hope one of you can help me.

I fall under PHD Exemption category and my SOC CODE is 2119 (Scientific Officer) , the minimum salary threshold for experienced worker is 28,000 ( 40 hours). My salary is 25994 ( 35 hours) when i prorate it for 40 hours it is 29707.42 which is above the salary threshold for experienced worker. Could you please let me know if i fall under 30,000 threshold or 28,000 ( according to experienced worker under soc 2119 after 6 th april 2017) to apply for ILR. Any information on this would be quite helpful.

Thanks and Kind Regards
Deepam

[ShrutiBlue]

Hi

I am currently on tier 2 general visa and about to apply for my ILR on May 20. I have a query in regards to the salary threshold . Hope one of you can help me.

I fall under PHD Exemption category and my SOC CODE is 2119 (Scientific Officer) , the minimum salary threshold for experienced worker is 28,000 ( 40 hours). My salary is 25994 ( 35 hours) when i prorate it for 40 hours it is 29707.42 which is above the salary threshold for experienced worker. Could you please let me know if i fall under 30,000 threshold or 28,000 ( according to experienced worker under soc 2119 after 6 th april 2017) to apply for ILR. Any information on this would be quite helpful.

Thanks and Kind Regards
Deepam

Where did you get this £30,000 figure? According to the codes of practice (https://www.gov.uk/guidance/immigration ... illed-work) the threshold for experienced workers for 2119 is £28,000, like you said, and PhD level jobs are exempt from the £35,000 minimum for ILR so you should be fine, as per my understanding.

[DEEPAM]

Hi ShruthiBlue

Thank you so much for your quick response.
In the below link , under appropriate salary section they mentioned that we should get paid at least £30,000 per year or the ‘appropriate rate’ for the job you’re offered - whichever is higher.

https://www.gov.uk/tier-2-general/eligibility

I know that this is for tier 2 extension but i got a feel this same rule applies to people currently under tier 2 applying for ILR. I am bit confused now.Please let me know if my understanding i wrong.

Thanks
deepam

[ShrutiBlue]

In that case it will have to be 30,000. They do make it as confusing as possible, don't they!
You're not that much off this figure, you could probably negotiate with your employer to bring it up a little!

[DEEPAM]

My company refused to give an increment at this period of time, But when i looked in the guidelines, it says for ILR the rate should be according to mentioned in appendix J. I am not quite sure if i am exempt from 30,000 based on phd sector. Anybody knows the contact details ( email address) of Home office whom i can query with ?

Thanks in advance

[ShrutiBlue]

Even for £300 per year? As the minimum threshold for Tier 2 General is £30,000 (or according to appendix J, whichever is higher), its highly likely that the threshold for ILR won't be for the lower amount in appendix J.

There's a website where you can post questions to UKVI (freedom of information or something similar), I will look for it, or see if you can use this link https://ukvi-international.faq-help.com/.

[DEEPAM]

I am so worried now, when i go through the tier 2 guidance under settlement section , it says that the salary criteria should meet the Appendix J salary rate which i am currently ( SOC 2119 - SCIENTIFIC OFFICER) and i am exempt from 35,000 according to guidelines under settlement section. Is this 30,000 salary requirement is for people who is going to apply under tier 2 general after nov 24 th ? Can i claim that my last cos issued is in may 2015 while applying for ilr so that i no need to earn 30,000 but still meet the appropriate rate i.e., 28000 for 40 hours as there is an exemption according to the eligibility section under the first point as below
Appropriate salary
You’ll usually need to be paid at least £30,000 per year or the ‘appropriate rate’ for the job you’re offered - whichever is higher. Check the appropriate rate for the job you’ve been offered.

Check the guidance for situations when you can be paid less - for example if:

your certificate of sponsorship was assigned to you before 24 November 2016
you’ll work as a medical radiographer, nurse, paramedic or secondary school teacher in some subjects
you’ll work as a pre-registration nurse or midwife

Please gurus , please guide me in this situation . I rang to ukvi which left me in more confusion as the guy whom i spoke to is not aware of 30,000 salary requirement.

Thanks in advance

[ShrutiBlue]

As you won't be getting another CoS for ILR, it sounds like you don't need to be paid £30,000 and can get away with your current salary. ILR would be the only case the "CoS before 24th November 2016" rule would be valid probably because a person can't apply for a Tier 2 visa (new or extension) with a CoS issued before 24th November 2016, after 6th April 2017!

This is my understanding anyway, senior members might guide you better. I don't understand why UVI can't provide all the information in one place! Ringing them up is a waste of time because you are bound to get a different answer every time you phone them.

[DEEPAM]

Thank you so much for your understanding shruthi. Like you said, why dont they give little bit more clarification on requirements or give an email address whom we can contact about the queries instead of ringing them as every time i ring they are giving a different answer. I am so worried now and i cannot afford to pay for consultant to help as they are going to charge 1400 pounds approx ( half of my application fee). I have only one option i.e., to submit the application on may 20th and see or my luck as i have already booked my appointment at sheffield PEO and wait for the results. I hope if anyone in my situation or have recently applied ILR can guide me

[mspr335]

I think it should be alright. When I applied for Tier 2 general in Feb 2015 , my salary was 31K and as per Codes of practice the soc rate for the experienced was 29,600. when I applied for ILR in first week of may 2017 , SOC rate was 32,000 but my gross salary was 31,9000 . ILR was approved at Glasgow PEO.

I have asked one of the solicitor and he said that the new rate of the SOC would be applicable when a new COS is issued either due to an extension of existing visa or COS for new applicant is issued .

[mspr335]

Hi Deepam,

have you submitted your ILR application ? please update