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Forseeable future requirement from employer

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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begood
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Question based on SOC code in SET(0)

Post by begood » Mon Nov 20, 2017 10:15 am

Can you please help me to answer the following questions, regarding SET(0) application form?
Currently, I am in Tier 2 General and due to apply for ILR shortly. Also could you please advise me if the provided answer below are correct or not.


Q-5.6, Page:18
5.6 You must complete all 5 of the boxes below if you are applying as a work permit holder,
a Tier 2 (General), Tier 2 (Sports Person) or a Tier 2 (Intra company transfer) migrant (Your
employer will be able to provide you with these details).
Please note that you may be required to meet a minimum earnings threshold of £35,000. More
information on the minimum earnings threshold is available in the Tier 2 Policy Guidance.

SOC code (or nearest applicable which best
describes your employment)
>>SOC code mentioned in the CoS.

Current rate of pay (hourly rate or annual
salary)
>> I have provided annual salary.

Number of hours this salary is based on
>> 37.5 hours?

Number of weekly hours
>> I am not sure what to provide here.


I would appreciate if anyone can help to answer the following questions.
  • Number of hours this salary is based on
  • Number of weekly hours

Rambo_ILR
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Re: Question based on SOC code in SET(0)

Post by Rambo_ILR » Mon Nov 20, 2017 2:44 pm

Mention as below:-
Number of hours this salary is based on 37.5 x 52 weeks = 1950 (you are mentioning it for a year)
Number of weekly hours 37.5

Hope this is clear.

begood
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Re: Question based on SOC code in SET(0)

Post by begood » Mon Nov 27, 2017 12:44 pm

Thanks for getting back to me. Appreciate your help.

I am confused on what pay is for SOC 2136.

On the link below, they say:£32,000/-
https://www.gov.uk/guidance/immigration ... illed-work

and another link £31,100/-
https://www.gov.uk/government/uploads/s ... l_2015.pdf

Please help.

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CR001
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Re: Question based on SOC code in SET(0)

Post by CR001 » Mon Nov 27, 2017 12:57 pm

begood wrote:
Mon Nov 27, 2017 12:44 pm
Thanks for getting back to me. Appreciate your help.

I am confused on what pay is for SOC 2136.

On the link below, they say:£32,000/-
https://www.gov.uk/guidance/immigration ... illed-work
This is the correct one. The other one is from 2015.

However, you must meet the ILR salary requirement of £35k.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

begood
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Re: Question based on SOC code in SET(0)

Post by begood » Mon Nov 27, 2017 2:01 pm

Appreciate your help.
Thanks.

begood
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Forseeable future requirement from employer

Post by begood » Mon Nov 27, 2017 2:31 pm

In the SET O application form, they have specifcially asked only for " A letter to certify that the employee is required for the forseeable future.

If you look at the Immigration rules 245HF. Requirements for indefinite leave to remain as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant https://www.gov.uk/guidance/immigration ... sed-system

(ii) certify in writing:
(1) that he still requires the applicant for the employment in question for the foreseeable future,
(2) the gross annual salary paid by the Sponsor, and that this salary will be paid for the foreseeable future,

Question:
In this case which one should be believed. SET O form or the Immigration rule.

As per the SET O application form we dont need to have the employer to certify that the same salary will be paid in the future but as per the immigration rules, it does require.

Which one to take in to consideration. Please let me know your views.

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Re: Forseeable future requirement from employer

Post by CR001 » Mon Nov 27, 2017 2:39 pm

Char (CR001 not Casa)
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Re: Forseeable future requirement from employer

Post by CR001 » Mon Nov 27, 2017 2:42 pm

Immigration Rules trump any form/guidance notes.
Char (CR001 not Casa)
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begood
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Re: Forseeable future requirement from employer

Post by begood » Mon Nov 27, 2017 3:12 pm

Thanks for the response. Apologies for multiple post as I tried to create new post but somehow it copied the previous post also.

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Re: Forseeable future requirement from employer

Post by CR001 » Mon Nov 27, 2017 3:23 pm

begood wrote:
Mon Nov 27, 2017 3:12 pm
Apologies for multiple post as I tried to create new post but somehow it copied the previous post also.
Your topics were merged by me, i.e. keep ALL your questions on the same application in ONE topic. A new topic for each question you have is not necessary.
Char (CR001 not Casa)
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begood
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Re: Forseeable future requirement from employer

Post by begood » Mon Nov 27, 2017 3:40 pm

Ok. Thanks.

Regarding the letter from the employer, do we need to add this sentence also? 2. (2) the gross annual salary paid by the Sponsor, and that this salary will be paid for the foreseeable future,

I have seen many post in immigration board, not many people have above sentence in their document. They generally, have the sentence which certify that they would require for the foreseeable future. So, It would be nice to know if it is required to that in letter or not.

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Re: Forseeable future requirement from employer

Post by Rambo_ILR » Mon Nov 27, 2017 4:34 pm

begood wrote:
Mon Nov 27, 2017 3:40 pm
Ok. Thanks.

Regarding the letter from the employer, do we need to add this sentence also? 2. (2) the gross annual salary paid by the Sponsor, and that this salary will be paid for the foreseeable future,

I have seen many post in immigration board, not many people have above sentence in their document. They generally, have the sentence which certify that they would require for the foreseeable future. So, It would be nice to know if it is required to that in letter or not.
Yes, I would advise to get as below:-

"I certify that his employment is on-going full-time permanent position, and he will be still required for the employment in question for the foreseeable future and this gross annual salary or higher will be paid for the foreseeable future"

begood
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Re: Forseeable future requirement from employer

Post by begood » Mon Nov 27, 2017 5:32 pm

Thanks. Appreciate your help.

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