TIER 2 ILR FURTHER ENQUIRY

[sri7]

Hi,
Please help me.

PEO Croydon: Tier 2 general to ILR
Applied: MARCH 2018
Decision: Application is valid. FURTHER ENQURIES REQUIRED.

I work for a A rated sponsor who have 1700 branches in UK. I am working as manager for one of the branch and with the same company for 7.5 years now. For my visa extension I have shown £21500 for 37.5 hours and got my extension.

I have submitted my application at croydon premium service centre and waiting for my token number.
I received a call from one of the team. They asked me when was my last payrise and why i received the pay rise.

I earn £35500 for 48 hours per week .My salary rise is about 30% and increased at different occasions in may and october 2017 and also 73p in jan 2018 for my best perfomance and more responsible manager in the business and also done other courses related and registered with regulatory body. This is a genuine increase and its not to get me ILR as I mentioned my company is a A rated and have 27k employees under them and wont jeopardise at any cost.
I came to know after my visa application that my head office didn't update my pay rise on Sponsoring management system(SMS).
After going through few posts on immigration boards, I came across that compliance officer will visit my head office. I am sure my HR will explain briefly why my salary was increased etc. But my question here is what will be the possible consequences for not updating on SMS and what will be my ILR result and how long is the waiting time will be approximately? Help in regards will be highly appreciated.

Many thanks.
Raj.

[Djsuccess]

Hi,
A few things will surely get red flag about your application.
1. Salary increase from £21,500 to £35500 between May 2017 and january 2018 y might not be usual if you had changed jobs. It might not also be an issue if the increases happened annually and everybody in the company got a similar raise. Getting increase twice in 2017 shows that the increases were only for you and not company-wide.
2.If the increases were due to more responsibilities given to you in form of promotion or change of role, then your sponsor should have notified the UKVI via the SMS as you have found out.

3.Having your salary increased from £21,500 to the exact £35,500 required for ILR within a year will surely attract attention
4.Depending on your job and SOC code, earning £35,500 for 48 hours a week might not be enough. Most rates are based on 40 hours/ week (except if this is not applicable to ILR)
5. UKVI should have been informed when your working hours changed from 37.5 hours to 48 hours. That was a massive change in circumstance.

6. Two things about the potential compliance visit. Based on what others here have experienced, the compliance officer would like to know why your sponsor did not report your change of circumstance (working hours and salary which was not part of an annual increase). Their findings will determine what action will be taken against the sponsor. The other part will be to investigate the genuineness of the salary increase and if the payment could be sustained.

If after the compliance visit, the office is satisfied with everything, your ILR will be granted. But prepare for between 6 to 8 months before the whole thing is resolved. here is a similar case. please read it
indefinite-leave-to-remain/long-journey ... l#p1618791

You never can tell, your case might be resolved earlier. All the best.

[sri7]

Hi,
Firstly thank you very much for the response.
1.I work as Dispensary manger in a pharmacy. My role hasn't changed and more responsibilities and duties are only due to the nature of the pharmacy I work as its a busy one and difficult branch to manage.
2. Coming to salary increase is because i have gone through a professional development like registering with General Pharmaceutical council and i have enough proof to show that salary increase is done based on my professional development and performance.
3. Also I am on 48 hour contract due to the business need and shortage of staff in my branch all the time.
4. I do not know how much exactly my other colleague managers are getting paid in other branches in our company as it is a confidential information and their salaries depends up on their branch requirements,how busy the branch is,their qualifications , their performance etc.For example, a manager who works for Argos extra won't get the same salary as the manager who works for a normal Argos.
However,previous manager in my branch is to get £13.50 per hour(3 years before). Now i get £14.23.
5. I am sure my employer will pass this genuine information to compliance officer and wish UKVI will be satisfied.
Thank you for the best wishes.

[Djsuccess]

Hi,
Firstly thank you very much for the response.
1.I work as Dispensary manger in a pharmacy. My role hasn't changed and more responsibilities and duties are only due to the nature of the pharmacy I work as its a busy one and difficult branch to manage.
2. Coming to salary increase is because i have gone through a professional development like registering with General Pharmaceutical council and i have enough proof to show that salary increase is done based on my professional development and performance.
3. Also I am on 48 hour contract due to the business need and shortage of staff in my branch all the time.
4. I do not know how much exactly my other colleague managers are getting paid in other branches in our company as it is a confidential information and their salaries depends up on their branch requirements,how busy the branch is,their qualifications , their performance etc.For example, a manager who works for Argos extra won't get the same salary as the manager who works for a normal Argos.
However,previous manager in my branch is to get £13.50 per hour(3 years before). Now i get £14.23.
5. I am sure my employer will pass this genuine information to compliance officer and wish UKVI will be satisfied.
Thank you for the best wishes.

There's nothing wrong in getting salary increase. The issue is that your employer should inform the UKVI. Based on your explanation, your company must be ready and able to show that everyone with the same qualification as you are also getting the salary increase.
As long as your sponsor is able to explain clearly and provide documents to support, then there's nothing to worry about.

In some instances as well, UKVI just want to make sure that the salary increase is sustainable.

[sri7]

Thank you for the response. My salary is sustainable. Also could you please kindly let me know what action UKVI could take on my employer for not updating my details on SMS? Many thanks in advance.

[sri7]

Hi Dear Expert Gurus.

PEO Croydon: Tier 2 general to ILR
Applied: MARCH 2018
Decision: Application is valid. FURTHER ENQURIES REQUIRED.




Myself or my employer haven't heard anything from UKVI. Its been more than 5 months. really confused. My solicitor have written twice and no response yet. I was advised that there could be a potential compliance officer's visit. But my head office is saying nothing heard from UKVI and they told me other TIER 2 applications and ILR applications were ok. No compliance visit/audit due to because my company is big? Has any one gone through similar situation?
My EMPLOYER hasn't still updated SMS and even solicitor told to leave as it is because its late.

Also my passport expired on August 11th. I have called UKVI but they said to me that they will get back to me in case they need to. Is expired passport going to be a issue ?

Hope to hear from UKVI soon.

Many thanks
Raj

[Djsuccess]

Hi Dear Expert Gurus.

PEO Croydon: Tier 2 general to ILR
Applied: MARCH 2018
Decision: Application is valid. FURTHER ENQURIES REQUIRED.




Myself or my employer haven't heard anything from UKVI. Its been more than 5 months. really confused. My solicitor have written twice and no response yet. I was advised that there could be a potential compliance officer's visit. But my head office is saying nothing heard from UKVI and they told me other TIER 2 applications and ILR applications were ok. No compliance visit/audit due to because my company is big? Has any one gone through similar situation?
My EMPLOYER hasn't still updated SMS and even solicitor told to leave as it is because its late.

Also my passport expired on August 11th. I have called UKVI but they said to me that they will get back to me in case they need to. Is expired passport going to be a issue ?

Hope to hear from UKVI soon.

Many thanks
Raj

Have you tried to contact your local MP?

[sri7]

Hi thanks for the reply. I haven't contacted my MP as my solicitor told me not to, because they will give a standard reply to MP if the application is not 6 months old. So just waiting for 3 more weeks to go.

Also one of my friend's friend applied ILR in PEO croydon office 2 weeks ago and was given further enquiry letter. His salary was increased from 26 to 36k and was not notified in SMS. He is on same SOC code and same position as me. Compliance officer is going to visit next week. He works for a small independent pharmacy group.

I am really surprised that he only made his application 2 weeks ago and compliance officer visiting next week but how come i haven't heard anything from last 5 months 10 days nearly? My head office is saying other ILR and new sponsorship visas are successful. So no compliance officer is a good news? If they don't want to come thats good but what about my application progress and what would be the result.
Thank you.

kind regards
Raj

[sri7]

Hi please suggest me, I am really confused and not sure what I have to do as its been 6.5 months since my date of application. I have contacted my MP and he sent email to UKVI for an update on 27th September but haven't received any update yet. As its been more than 6.5 months and no compliance visit happened yet. Am I still expecting a compliance officer visit ? My employer said other applications are going well without any issues. How long i have to wait for and what could be the possibility ? Please help me my dear people on forum. Thank you.

[sri7]

Hi can some one please advise me on the following issue:

Today I had a performance review and I had a 27p pay rise and my pay rate has increased from £14.23 to £14.50. As my SMS was not updated for ILR application and it says £11.02 still on SMS, so how do i need to proceed with the SMS update? Do my HR need to update it from £11.02 to !4.50 or £14.23 to £14.50 ? Please kindly help.Thank you.

kind regards
Raj.

[Djsuccess]

Hi can some one please advise me on the following issue:

Today I had a performance review and I had a 27p pay rise and my pay rate has increased from £14.23 to £14.50. As my SMS was not updated for ILR application and it says £11.02 still on SMS, so how do i need to proceed with the SMS update? Do my HR need to update it from £11.02 to !4.50 or £14.23 to £14.50 ? Please kindly help.Thank you.

kind regards
Raj.

There is no need to report a salary increase if the increase was part of an annual salary review for the whole company. But if the salary increase was just for you then it must be reported. if your previous increases were part of a general increase then you just need to report the most recent increase. since you have a pending application, I am not sure if reporting the old increase will make any difference (you would have used £14.23 in your application). I guess the most recent increase (increase after you have submitted your application) is what you should report.

[Djsuccess]

Hi can some one please advise me on the following issue:

Today I had a performance review and I had a 27p pay rise and my pay rate has increased from £14.23 to £14.50. As my SMS was not updated for ILR application and it says £11.02 still on SMS, so how do i need to proceed with the SMS update? Do my HR need to update it from £11.02 to !4.50 or £14.23 to £14.50 ? Please kindly help.Thank you.

kind regards
Raj.

if your pay rate was increased from £11.02 to £14.23 and was not reported to UKVI, that might be one of the reasons your ILR application required further enquiry. Do you have any update on the application?

[sri7]

Hi firstly thank you very much for replying me. Yes you are correct my salary increase at different occasions and my hours was not reported on SMS and this is the reason they held my application. My HR said to me post application that she don't know that she has to report any salary increases on SMS. My salary was not a annual increase. It was based on my performance and professional development i underwent.

Myself or my employer haven't heard anything from Home office yet and no compliance visit also. So I don't have any clue of what is happening with my application really confused. Even its been more than 3weeks and no update to my MP also from home office.

Ok so If my HR update on SMS as- annual pay increased from £35518 to £36192 based on 48 hour contract since 18 oct 2018,will this help? How will home office see this as? Thank you once again for your reply.

kind regards,
Raja

[Djsuccess]

Hi firstly thank you very much for replying me. Yes you are correct my salary increase at different occasions and my hours was not reported on SMS and this is the reason they held my application. My HR said to me post application that she don't know that she has to report any salary increases on SMS. My salary was not a annual increase. It was based on my performance and professional development i underwent.

Myself or my employer haven't heard anything from Home office yet and no compliance visit also. So I don't have any clue of what is happening with my application really confused. Even its been more than 3weeks and no update to my MP also from home office.

Ok so If my HR update on SMS as- annual pay increased from £35518 to £36192 based on 48 hour contract since 18 oct 2018,will this help? How will home office see this as? Thank you once again for your reply.

kind regards,
Raja

48 hours appears to be on the high side. However, if you have received another salary increase, then your sponsor needs to update the sms with the new salary. And also briefly state why your salary was increased

[sri7]

Hi Thanks for the reply. Yes you are correct 48 hours is on high side,but its only for to fulfil business requirements. I am continuously doing minimum of 45 hours overtime every month only to fulfil the business requirements. This is one of the reason why i got pay rise.

As you mentioned have to mention briefly about my pay rise on SMS- could you please suggest me a example. My pay rise was done due to various reasons like- I am very reliable, my best performance, more than 8 years with the company. My responsibilities haven't changed in any way but work load increased. So kindly please suggest me what would be the best key words to mention on SMS. thank you in advance.

kind regards
raja

[sri7]

Hi, 4 weeks before my MP received a response from UKVI and told that as enquiry involve other government departments,we cannot tell you when the decision will be made. Just wondering what I have to do with other government departments (most likely HMRC), is it because my salary was not updated on SMS- so they checking on HMRC to see whether my pay is genuine or not? If yes, do they really require nearly 8 months to do that?

I have contacted HMRC, just to see if there is any tax discrepancy, they confirmed everything is paid off and no red flag on my account. However they said me 2012/13( during my Post study work visa), there was underpayment which I was never aware of and this was automatically adjusted in 2016/2017 tax year. But HMRC said me theses adjustments are very common and nothing to worry about it.
Is this going to be problem for me?
Also I feel 8 months is too long for not contacting as my application was from TIER2 to ILR?
Thank you

[Djsuccess]

Hi, 4 weeks before my MP received a response from UKVI and told that as enquiry involve other government departments,we cannot tell you when the decision will be made. Just wondering what I have to do with other government departments (most likely HMRC), is it because my salary was not updated on SMS- so they checking on HMRC to see whether my pay is genuine or not? If yes, do they really require nearly 8 months to do that?

I have contacted HMRC, just to see if there is any tax discrepancy, they confirmed everything is paid off and no red flag on my account. However they said me 2012/13( during my Post study work visa), there was underpayment which I was never aware of and this was automatically adjusted in 2016/2017 tax year. But HMRC said me theses adjustments are very common and nothing to worry about it.
Is this going to be problem for me?
Also I feel 8 months is too long for not contacting as my application was from TIER2 to ILR?
Thank you

The underpayment is coming for people who might have done jobs where they earned less than taxable income. Which is usually the case for Students' per/hour jobs. So that's not a problem. As you said, people that received salary increase before ILR usually get the decision delayed. Fingers crossed, you should receive a response soon

[sri7]

HI Today my advisor got a call from UKVI, asking to submit bank statements and payslips post my application, that is from march. Do you think this is a positive sign? Thank you.


Kind regards
Raja

[Djsuccess]

HI Today my advisor got a call from UKVI, asking to submit bank statements and payslips post my application, that is from march. Do you think this is a positive sign? Thank you.


Kind regards
Raja

It does look like a positive sign. I guess they want to see that your salary increase was genuine. You should be fine if you are still earning the same salary used for the application and your statement of account can show that

[ratesting]

Hi Raja,

I was reading your full case and I'm in a kind of same boat.

Can you please post what happened after your documents posted?

Did you get your ILR?

It will really help us.

Thanks

[sri7]

Hi, I have received a call from home office on Monday, she asked me where do I want documents to be sent? I asked her - have you made decision on my application? she replied me yes, then I have asked her so I got my ILR? she didn't say yes or no but said me she will post me BRP card. Then asked me why I didn't applied for my wife? I replied I didn't had money and she said thats fine. Do I need to assume that my application is successful and BRP card will be with me soon? Please help me guys.



Kind regards
Raja.

[sri7]

Hi Everyone, I received my ILR today. Thank you for the support i got on immigration board.

Kind regards
Raja

[ratesting]

Hi Raja,

Congratulations. It was a long journey, but you made it.

Well done.

RT