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Tier-2 to ILR application SET (O)

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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sabi27
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Need help to check eligibility criteria for ILR application based on my current Tier-2 circumstances

Post by sabi27 » Fri Dec 28, 2018 7:44 pm

Dear Members,

I need some information/help/advise from all you experienced people before I apply for my ILR application on 5 years Tier-2 (General) route.

To understand the situation, I have listed my visa history below;

I was granted my first Tier-2 (General) visa for three years on 15-01-2014.
Valid from: 15-01-2014 & Valid until: 20-01-2017

I then renewed and was granted visa in January 2017 for 3 years.
Valid from: 21-02-2017 & Valid until: 15-01-2020

I was then made redundant on 31-03-2017, shortly after renewal. I got new Job in December 2017 with a new employer and got a new visa in December 2017 for 2 years.
Valid from: 20-12-2017 & Valid until: 15-01-2020

Q1. As the rules changed in January 2018, If I apply next month for ILR, would more than 60 days gap in employments still be ignored given that I was awarded current visa before January 2018? I have an impression that my application will be entertained with the rules in place at the time of logging my ILR application.

Q2. Currently, I don’t meet minimum salary threshold with my sponsored employer. An increment is due but not sure if that will help me cross that line. I am working 39 hours a week with my sponsored employer. I have a second job in same SOC which I do for 10 hours a week. Can I combine my primary job’s salary and 9 hours salary of my secondary job (48 hours max. salary can be counted) to meet minimum salary threshold?

Q3. In case, I can combine earnings of my both jobs (48 hours max.), do I need to provide any letter or calculations along with payslips of my both jobs?

I really appreciate your help in this regard.

Best regards,

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CR001
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Re: Need help to check eligibility criteria for ILR application based on my current Tier-2 circumstances

Post by CR001 » Fri Dec 28, 2018 8:07 pm

Q1. As the rules changed in January 2018, If I apply next month for ILR, would more than 60 days gap in employments still be ignored given that I was awarded current visa before January 2018? I have an impression that my application will be entertained with the rules in place at the time of logging my ILR application.
There is NO longer an employment gap limit. It has been removed.
Q2. Currently, I don’t meet minimum salary threshold with my sponsored employer. An increment is due but not sure if that will help me cross that line. I am working 39 hours a week with my sponsored employer. I have a second job in same SOC which I do for 10 hours a week. Can I combine my primary job’s salary and 9 hours salary of my secondary job (48 hours max. salary can be counted) to meet minimum salary threshold?
No you cannot use your second job salary to meet the ILR threshold. Only your main Tier 2 job salary is counted and it must be at the required level otherwise ILR will be refused. Also note that any large sudden increases shortly before ILR application will be an instant red flag for HO. What is your current salary and SOC??
Q3. In case, I can combine earnings of my both jobs (48 hours max.), do I need to provide any letter or calculations along with payslips of my both jobs?
See my answer in #2.
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.

sabi27
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Re: Need help to check eligibility criteria for ILR application based on my current Tier-2 circumstances

Post by sabi27 » Sat Dec 29, 2018 8:16 am

Thank you so much for prompt reply.

My current salary is 32000 and SOC code is 2136. I'm due for a pay rise by mid next month and hoping to reach 35500. I may have to fight a bit to get it beyond 35800 in case I have to submit my application after 6th April 2019.

Any suggestion/advise on an alternate would be highly appreciated.

sabi27
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Re: Need help to check eligibility criteria for ILR application based on my current Tier-2 circumstances

Post by sabi27 » Sun Jan 27, 2019 1:10 pm

Hi all,

Can anyone please help/advise regarding above?

Also I am currently looking for a new job. I am hoping to get an offer by a company.

Can I apply for ILR with offer letter from new company that shows I am going to be offered a job above the required minimum salary threshold?

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CR001
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Re: Need help to check eligibility criteria for ILR application based on my current Tier-2 circumstances

Post by CR001 » Sun Jan 27, 2019 4:04 pm

sabi27 wrote:
Sun Jan 27, 2019 1:10 pm
Hi all,

Can anyone please help/advise regarding above?

Also I am currently looking for a new job. I am hoping to get an offer by a company.

Can I apply for ILR with offer letter from new company that shows I am going to be offered a job above the required minimum salary threshold?
1. Members on the forum cannot advise how you get the required increase. That is entirely up to your employer but you should be aware that sudden large increases are an instant red flag to HO.

2. No you cannot, you need to be employed by the 'new' company and have at least one payslips. You will need to apply for a new visa and pay the visa fee and IHS which has doubled and once employed, apply for ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sabi27
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Re: Need help to check eligibility criteria for ILR application based on my current Tier-2 circumstances

Post by sabi27 » Sun Jan 27, 2019 5:12 pm

CR001 wrote:
Sun Jan 27, 2019 4:04 pm
sabi27 wrote:
Sun Jan 27, 2019 1:10 pm
Hi all,

Can anyone please help/advise regarding above?

Also I am currently looking for a new job. I am hoping to get an offer by a company.

Can I apply for ILR with offer letter from new company that shows I am going to be offered a job above the required minimum salary threshold?
1. Members on the forum cannot advise how you get the required increase. That is entirely up to your employer but you should be aware that sudden large increases are an instant red flag to HO.

2. No you cannot, you need to be employed by the 'new' company and have at least one payslips. You will need to apply for a new visa and pay the visa fee and IHS which has doubled and once employed, apply for ILR.
Thank you CR001 for your reply. By sudden large increase in pay rise, do you think £4000 is a large enough to raise a red flag for HO. Also I am planning to wait and produce at least 3 payslips following my pay rise, will it be enough to satisfy the HO.

Much appreciate your response about this.

sabi27
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Tier-2 to ILR application SET (O)

Post by sabi27 » Wed Apr 17, 2019 10:56 am

Dear members,

I am planning to apply for my ILR next month. I need some advise and opinion around some details pertinent to my situation.

I was earning £32,000pa under SOC code 2136 with the title QA Analyst. I became eligible to apply for ILR on 15th January 2019. As I didn't meet the minimum salary threshold, I had to wait for annual review of my company which happens between February and March.

In February 2019, I had my annual review and in March I was told that I would be promoted to Senior QA Analyst role under same SOC code with higher pay and some additional responsibilities (Level 3 support to clients along with development team and mentoring junior peers) in addition to my basic responsibilities.

I have now received confirmation of my promotion earleir this month and has been promoted to Senior QA Analyst under same SOC Code 2136 and with salary £35,800pa. HR will be updating SMS with latest details shortly.

I have following questions;

Question 1: Will it raise a red flag that my pay has raised to meet the minimum salary requirement just a month before application even though April is the month when annual pay rise and promotions happen throughout my company?

I have checked the online draft SET(O) application and it asks for most recent payslip (singular) and bank statement not older than 30 days at the time of application.

Question 2: Does this mean only one pay slip would be enough for the month of April to apply with?

I look forward to your response and advise and many thanks in advance as always.

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CULLINAN
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Re: Tier-2 to ILR application SET (O)

Post by CULLINAN » Wed Apr 17, 2019 12:56 pm

sabi27 wrote:
Wed Apr 17, 2019 10:56 am
Dear members,

I am planning to apply for my ILR next month. I need some advise and opinion around some details pertinent to my situation.

I was earning £32,000pa under SOC code 2136 with the title QA Analyst. I became eligible to apply for ILR on 15th January 2019. As I didn't meet the minimum salary threshold, I had to wait for annual review of my company which happens between February and March.

In February 2019, I had my annual review and in March I was told that I would be promoted to Senior QA Analyst role under same SOC code with higher pay and some additional responsibilities (Level 3 support to clients along with development team and mentoring junior peers) in addition to my basic responsibilities.

I have now received confirmation of my promotion earleir this month and has been promoted to Senior QA Analyst under same SOC Code 2136 and with salary £35,800pa. HR will be updating SMS with latest details shortly.

I have following questions;

Question 1: Will it raise a red flag that my pay has raised to meet the minimum salary requirement just a month before application even though April is the month when annual pay rise and promotions happen throughout my company?

I have checked the online draft SET(O) application and it asks for most recent payslip (singular) and bank statement not older than 30 days at the time of application.

Question 2: Does this mean only one pay slip would be enough for the month of April to apply with?

I look forward to your response and advise and many thanks in advance as always.
Yes it may raise a red flag. You should be prepared for more investigation and it may delay your application. Many have misused this option just to meet the salary threshold just before the application so HO will investigate into it. Are you the only one receiving such an increment or are there other employees also?
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

sabi27
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Re: Tier-2 to ILR application SET (O)

Post by sabi27 » Wed Apr 17, 2019 2:33 pm

tier11417 wrote:
Wed Apr 17, 2019 12:56 pm
sabi27 wrote:
Wed Apr 17, 2019 10:56 am
Dear members,

I am planning to apply for my ILR next month. I need some advise and opinion around some details pertinent to my situation.

I was earning £32,000pa under SOC code 2136 with the title QA Analyst. I became eligible to apply for ILR on 15th January 2019. As I didn't meet the minimum salary threshold, I had to wait for annual review of my company which happens between February and March.

In February 2019, I had my annual review and in March I was told that I would be promoted to Senior QA Analyst role under same SOC code with higher pay and some additional responsibilities (Level 3 support to clients along with development team and mentoring junior peers) in addition to my basic responsibilities.

I have now received confirmation of my promotion earleir this month and has been promoted to Senior QA Analyst under same SOC Code 2136 and with salary £35,800pa. HR will be updating SMS with latest details shortly.

I have following questions;

Question 1: Will it raise a red flag that my pay has raised to meet the minimum salary requirement just a month before application even though April is the month when annual pay rise and promotions happen throughout my company?

I have checked the online draft SET(O) application and it asks for most recent payslip (singular) and bank statement not older than 30 days at the time of application.

Question 2: Does this mean only one pay slip would be enough for the month of April to apply with?

I look forward to your response and advise and many thanks in advance as always.
Yes it may raise a red flag. You should be prepared for more investigation and it may delay your application. Many have misused this option just to meet the salary threshold just before the application so HO will investigate into it. Are you the only one receiving such an increment or are there other employees also?
Thanks for your reply tier11417.

Annual payrise is company wide. Not all but most of employees get pay rise. The only time an employee wil not get a pay rise is when he or she has not completed 12 months with the company or they were promoted/role changed during this period which gave them higher pay. Such people will be only be handful and the pay rise has happened for larger number of employees. Obviously that pay rise %age varies department to department and person to person.

I hope this gives a better picture of the situation I am currently in. I mean if HO wants to investigate that's up to them but company is going by the rules and policy they have in place.

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CR001
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Re: Tier-2 to ILR application SET (O)

Post by CR001 » Wed Apr 17, 2019 2:38 pm

Surprisingly (not really) that your increases takes you to exactly the ILR requirement!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sabi27
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Re: Tier-2 to ILR application SET (O)

Post by sabi27 » Wed Apr 17, 2019 2:54 pm

CR001 wrote:
Wed Apr 17, 2019 2:38 pm
Surprisingly (not really) that your increases takes you to exactly the ILR requirement!!
That is my fear as well but even then if they raise it to 35900 or 36000 or even 36500 this would still be seen with same perspective. Large raise, why raise to only meet minimum threshold. There can't be any right or wrong answer I think.

Any other suggestions are most welcome.

feivourite
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Re: Tier-2 to ILR application SET (O)

Post by feivourite » Mon Apr 22, 2019 10:28 am

Hello,

I'm in a similar situation. When are you applying for your ILR? Has it been raised to 35800 now? How long have you been on this pay? Please keep us updated with your situation.

Thanks
sabi27 wrote:
Wed Apr 17, 2019 2:54 pm
CR001 wrote:
Wed Apr 17, 2019 2:38 pm
Surprisingly (not really) that your increases takes you to exactly the ILR requirement!!
That is my fear as well but even then if they raise it to 35900 or 36000 or even 36500 this would still be seen with same perspective. Large raise, why raise to only meet minimum threshold. There can't be any right or wrong answer I think.

Any other suggestions are most welcome.

sabi27
Newbie
Posts: 49
Joined: Thu Jan 12, 2017 1:43 pm
Mood:
United Kingdom

Re: Tier-2 to ILR application SET (O)

Post by sabi27 » Sun May 12, 2019 1:59 am

Hi,

I am applying later this month. I was promoted and my salary now meets the minimum requirement. Over a month now.
feivourite wrote:
Mon Apr 22, 2019 10:28 am
Hello,

I'm in a similar situation. When are you applying for your ILR? Has it been raised to 35800 now? How long have you been on this pay? Please keep us updated with your situation.

Thanks
sabi27 wrote:
Wed Apr 17, 2019 2:54 pm
CR001 wrote:
Wed Apr 17, 2019 2:38 pm
Surprisingly (not really) that your increases takes you to exactly the ILR requirement!!
That is my fear as well but even then if they raise it to 35900 or 36000 or even 36500 this would still be seen with same perspective. Large raise, why raise to only meet minimum threshold. There can't be any right or wrong answer I think.

Any other suggestions are most welcome.

sabi27
Newbie
Posts: 49
Joined: Thu Jan 12, 2017 1:43 pm
Mood:
United Kingdom

Re: Tier-2 to ILR application SET (O)

Post by sabi27 » Wed May 22, 2019 9:36 pm

Hi all,

Just to update on this, I had applied for my ILR which has now been granted. That means there is no issue with payrise just a month ago or immediately before application.
sabi27 wrote:
Sun May 12, 2019 1:59 am
Hi,

I am applying later this month. I was promoted and my salary now meets the minimum requirement. Over a month now.
feivourite wrote:
Mon Apr 22, 2019 10:28 am
Hello,

I'm in a similar situation. When are you applying for your ILR? Has it been raised to 35800 now? How long have you been on this pay? Please keep us updated with your situation.

Thanks
sabi27 wrote:
Wed Apr 17, 2019 2:54 pm
CR001 wrote:
Wed Apr 17, 2019 2:38 pm
Surprisingly (not really) that your increases takes you to exactly the ILR requirement!!
That is my fear as well but even then if they raise it to 35900 or 36000 or even 36500 this would still be seen with same perspective. Large raise, why raise to only meet minimum threshold. There can't be any right or wrong answer I think.

Any other suggestions are most welcome.

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