Pay Rise - ILR Preparation.

[eechukwu]

Hi Everyone,

In 2016 before extending my Tie 2 Visa in January 2017 my salary was increased from £28000 to £31 541. We didn’t inform Home Office, I went for the renewal and everything worked fine. (Same day service in Liverpool)

I got another Pay Rise in my company early this year (February). My Salary was increased from £31 541 to £35 650. However, I am due to apply for my ILR in January 2019.

And we have not notified home office of the change, please what should I do? Should I go ahead and notify home office of the change? Or is it too late to notify them?

Will this increase in salary alert Home Office during my ILR application?

Thanks,

[eechukwu]

Digging further, I just realised that any job that appears under the Shortage Occupation List is exempted from the Salary Requirement.

My SOC Code is 2136 Programmers and Software Development Professionals and I have been under this code for the past 4yrs and 6 months.

And the increase I received was a bonus, all the staffs in the company received the bonus but as a member of the Management staff, there were 3 of us that received 3k and above.

So I guess since my job is in the Shortage Occupation List, I don’t need to worry about the Salary Requirements? True or false.

Secondly, since the Pay rise was also a Bonus, I don’t need to inform Home Office? True or False.

Thanks in Advance.

[CR001]

Not all jobs under SOC 2136 are shortage occupation.

Appendix J - non shortage

https://www.gov.uk/guidance/immigration ... illed-work

2136 Programmers and software development professionals Example job tasks
• examines existing software and determines requirements for new/modified systems in the light of business needs;
• undertakes feasibility study to design software solutions;
• writes and codes individual programs according to specifications;
• develops user interfaces;
• tests and corrects software programs;
• writes code for specialist programming for computer games, (for example, artificial intelligence, 3D engine development);
• implements and evaluates the software;
• plans and maintains database structures;
• writes operational documentation and provides subsequent support and training for users.

Related job titles:
• Analyst-programmer
• Database developer
• Games programmer
• Programmer • Software engineer

Salary rates:
New entrant: £24,000

Appendix K - Shortage Occupation has to meet the specific requirements and job for SOC 2136 to be shortage occupation.

https://www.gov.uk/guidance/immigration ... ation-list

2136 Programmers and software development professionals Only the following jobs in this occupation code:

Senior developer employed by a qualifying company, where the job requires a person with a minimum of five years’ relevant experience and demonstrable experience of having led a team.

The following jobs in visual effects and 2D/3D computer animation for the film, television or video games sectors:

software developer
shader writer
games designer
The following jobs in the electronics system industry:
driver developer
embedded communications engineer

And....

4. In this Appendix “qualifying company” means a company which:
(a) has obtained permission from the Home Office to issue a Certificate of Sponsorship in respect of the relevant job on the basis that the job is included on the Shortage Occupation List and the company:
(i) is licensed as a sponsor for the purposes of Tier 2 of the Points Based System,
(ii) at the time of obtaining such permission, employs between 20 and 250 employees (inclusive), or employs fewer than 20 employees and has provided a letter from the Department for International Trade, confirming that the Department has been working with the company and supports the application in relation to its trade or investment activity,
(iii) is not more than 25% owned by a company which has one or more other establishments in the UK and one of those establishments employs more than 250 employees; and
(iv) has not been established in the UK for the purpose of supplying services exclusively to a single company or company group in the UK; and
(b) will have no more than ten Tier 2 (General) Migrants working for it at any one time in jobs to which the requirement to be employed by a qualified company applies, if all Certificates of Sponsorship in respect of such jobs lead to a grant of leave as a Tier 2 (General) Migrant.

[eechukwu]

Hi CR001,

Thanks for your response. My job falls under this and I have been renewing my Visa under this code SOC 2136,
those it means that I am not exempted from the £35,500 Salary Requirement?

Those it means I am expected to earn £35,000 like others?

"Example job tasks
• examines existing software and determines requirements for new/modified systems in the light of business needs;
• undertakes feasibility study to design software solutions;
• writes and codes individual programs according to specifications;
• develops user interfaces;
• tests and corrects software programs;
• writes code for specialist programming for computer games, (for example, artificial intelligence, 3D engine development);
• implements and evaluates the software;
• plans and maintains database structures;
• writes operational documentation and provides subsequent support and training for users.

Related job titles:
• Analyst-programmer
• Database developer
• Games programmer
• Programmer • Software engineer "

Thanks

[CR001]

Which part that I have quoted above does your job fall under, the first bit under Appendix J or the second bit under Appendix K, your post is not clear??

Both appedixes have SOC 2136, but they are not all shortage occupation.

Hi CR001,

Thanks for your response. My job falls under this and I have been renewing my Visa under this code SOC 2136,
those it means that I am not exempted from the £35,500 Salary Requirement?

Those it means I am expected to earn £35,000 like others?

"Example job tasks
• examines existing software and determines requirements for new/modified systems in the light of business needs;
• undertakes feasibility study to design software solutions;
• writes and codes individual programs according to specifications;
• develops user interfaces;
• tests and corrects software programs;
• writes code for specialist programming for computer games, (for example, artificial intelligence, 3D engine development);
• implements and evaluates the software;
• plans and maintains database structures;
• writes operational documentation and provides subsequent support and training for users.

Related job titles:
• Analyst-programmer
• Database developer
• Games programmer
• Programmer • Software engineer "

Thanks

If your job falls under what you have posted above, it is Appendix J and not shortage occupation.

Has your CoS ever been a shortage occupation one??

[eechukwu]

I have just checked my COS and they were both mark Y in the shortage occupation section.

Anyway that aside, Please what do you think i should do here:

I got another Pay Rise in my company early this year (February). My Salary was increased from £31 541 to £35 650. However, I am due to apply for my ILR in January 2019.

And we have not notified home office of the change, please what should I do? Should I go ahead and notify home office of the change? Or is it too late to notify them?

Please advice...

[eechukwu]

Hi,

I have 100% checked my old COS and they both were issued under the Shortage Occupation list and i also paid the Shortage Occupation fee in my last application, those that mean I am qualified to apply under that?

Thanks

[eechukwu]

Any suggestions will be apprecaited.

Thanks

[vslaser]

Interesting question. I am also keen on finding out how I would know whether my company has informed the UKVI of my salary increase.

I got a tier 2 visa in 2013 at a salary higher than the requirement for my SOC category (requirement for SOC 2122 £32,900 and salary at 45K+). I then renewed my visa in 2016 at a salary slightly lower than original but still higher than the minimum requirement (42K). My salary was brought back to the original value (and slightly higher - higher by 2K) since my last renewal of visa. I will be eligible for ILR in 2018 (end) and the question asked here has caused me to start panicking.

All the way through, my salary has been higher than the minimum required salary for my SOC category.

Any help will be appreciated.

Thanks,
Vijay

[SAR7]

I have just checked my COS and they were both mark Y in the shortage occupation section.

Anyway that aside, Please what do you think i should do here:

I got another Pay Rise in my company early this year (February). My Salary was increased from £31 541 to £35 650. However, I am due to apply for my ILR in January 2019.

And we have not notified home office of the change, please what should I do? Should I go ahead and notify home office of the change? Or is it too late to notify them?

Please advice...

if the raise is for everybody in the company, no need to notify otherwise you must.
even though it is late, ask your employer to update the SMS. TBH you can backdate to pay raise date and notify.