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*Advice needed* Just short of minimum income threshold

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

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meyou5ick
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*Advice needed* Just short of minimum income threshold

Post by meyou5ick » Tue Jul 30, 2019 12:18 am

Hi guys,

Hope you are all well.

I am planning to apply for ILR end of December and I am currently on Tier-2 visa however I am short by 3k to meet the minimum salary requirements.

A friend told me that for some occupations (shortage ones), it doesn't matter. Is that correct? If yes, can I know where to see it.

If not, shall I ask my employer to bump my salary up as soon as possible?
If that doesnt happen or for some reason this practice should not be applied, can I use my overseas account savings to show as to support my application? I inherited a big amount after loss of parent.

Thanks for your help.

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zimba
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Re: *Advice needed* Just short of minimum income threshold

Post by zimba » Tue Jul 30, 2019 12:21 am

Salary raises at the last moment lead to your sponsor being investigated and possibly suspended if they enable you to simply get ILR.
Shortage list: https://www.gov.uk/guidance/immigration ... ation-list
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

meyou5ick
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Re: *Advice needed* Just short of minimum income threshold

Post by meyou5ick » Tue Jul 30, 2019 12:56 am

Thanks for the response. Can you elaborate what is last minute?

If I get a pay rise by September and then I apply in December, would that be last minute?

Thanks

secret.simon
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Re: *Advice needed* Just short of minimum income threshold

Post by secret.simon » Tue Jul 30, 2019 1:03 am

meyou5ick wrote:
Tue Jul 30, 2019 12:56 am
If I get a pay rise by September and then I apply in December, would that be last minute?
It would certainly raise suspicions and prompt an investigation.

The Home Office would want to know if only people about to apply for ILR got the increase or was it a general increase across the organisation, and if it was just for the people applying for ILR, was there a change in their responsibilities or was there another basis for the increase in salary, etc.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

meyou5ick
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Re: *Advice needed* Just short of minimum income threshold

Post by meyou5ick » Tue Jul 30, 2019 1:05 am

I see, thanks for that.

What if I get a promotion to another role?

Also, would my overseas savings work if I am short?

Thanks

secret.simon
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Re: *Advice needed* Just short of minimum income threshold

Post by secret.simon » Tue Jul 30, 2019 1:08 am

meyou5ick wrote:
Tue Jul 30, 2019 1:05 am
Also, would my overseas savings work if I am short?
I doubt that overseas savings (or indeed even UK savings) can be taken into account. But I will leave that to others to comment.
meyou5ick wrote:
Tue Jul 30, 2019 1:05 am
What if I get a promotion to another role?
That should be OK, but of course the requirements of Tier 2 General in that role still need to be met (i.e. is that job normally available to Tier 2 General applicants, etc). Again. wait for others to remark.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

meyou5ick
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Re: *Advice needed* Just short of minimum income threshold

Post by meyou5ick » Tue Jul 30, 2019 1:13 am

Thank you, I'll wait for others.

If someone can please help with providing suggestions on this shortfall. My boss really likes me and there is no one that can do my role and my boss is really supportive.

Otherwise, please let me know possible ways. I will get an immigration advice regarding my role fitting the short occupation list.

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zimba
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Re: *Advice needed* Just short of minimum income threshold

Post by zimba » Tue Jul 30, 2019 1:48 am

Your best bet is get a promotion and then in case of an investigation, have a good reason to support the reason for the raise. Getting a raise just to hit the bare min is a red flag. Alternatively you can apply to extend your visa for another year and seek to apply for ILR later
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

meyou5ick
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Re: *Advice needed* Just short of minimum income threshold

Post by meyou5ick » Tue Jul 30, 2019 1:56 am

Thanks for your reply.

If my role is not found to fit the shortage occupation list, I'll seek a promotion.

If promotion is not on cards, how do you get an extension for a year?

Does my company apply for it?

Cheers

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CR001
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Re: *Advice needed* Just short of minimum income threshold

Post by CR001 » Tue Jul 30, 2019 9:12 am

meyou5ick wrote:
Tue Jul 30, 2019 1:56 am
If promotion is not on cards, how do you get an extension for a year?

Does my company apply for it?
Your sponsor assigns a UCoS and you apply for the visa.
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.

meyou5ick
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Re: *Advice needed* Just short of minimum income threshold

Post by meyou5ick » Tue Jul 30, 2019 9:17 am

Thanks for the response.

So this means I have the following choices:

- Extend the Tier-2, which means new UCoS from sponsor. Does it work in my case if I will complete 5 years in December 2019? I can still add another 12 months?

- Get a promotion and salary increase

- See if my job fits onto one of the occupations that are on shortage

- Savings overseas will not work to support any shortfall I am guessing

If there is anything wrong with the above statements or if there is something anyone can add, please do so.

Thank you for your help, much appreciated

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CR001
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Re: *Advice needed* Just short of minimum income threshold

Post by CR001 » Tue Jul 30, 2019 9:20 am

- Extend the Tier-2, which means new UCoS from sponsor. Does it work in my case if I will complete 5 years in December 2019? I can still add another 12 months?

You can hold a tier 2 visa for a maximum period of 6 years.
- Get a promotion and salary increase
Remember that if your SOC and job changes, you might need a new visa anyway.
- See if my job fits onto one of the occupations that are on shortage
You cannot do this. Whether your job is a shortage occupation or not is up to your employer and SOC and meeting the specific requirements. It is not up to you to see if 'it fits'.
- Savings overseas will not work to support any shortfall I am guessing
Tier 2 to ILR is based on meeting the salary requirement. Savings are irrelevant and disregarded.

What is your current SOC and job title?
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.

meyou5ick
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Re: *Advice needed* Just short of minimum income threshold

Post by meyou5ick » Wed Jul 31, 2019 1:44 pm

Hiya,

Thanks for that.

It's Speech and Language Therapist (Band 6)

SOC code used before was 2223.

Thanks for all your help.

So far I gather that I can extend it for another year or get promotion.

I guess your advice would help wihh shortage occupation eligibility.

Thank you, much appreciated

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CR001
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Re: *Advice needed* Just short of minimum income threshold

Post by CR001 » Wed Jul 31, 2019 1:48 pm

Your job is not eligible for shortage occupation SOC as it is not on the Appendix K list.
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.

meyou5ick
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Re: *Advice needed* Just short of minimum income threshold

Post by meyou5ick » Wed Jul 31, 2019 1:52 pm

Thanks for that.

My only choices then are pay rise or extension for a year and hopefully have a pay rise next year correct?

Secondly, is it simple to extend it by a year?

Thank you so much

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CR001
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Re: *Advice needed* Just short of minimum income threshold

Post by CR001 » Wed Jul 31, 2019 1:59 pm

My only choices then are pay rise or extension for a year and hopefully have a pay rise next year correct?
Correct.
Secondly, is it simple to extend it by a year?

Yes. Your sponsor will need to assign you a UCoS and then you apply for the extension.
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.

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