Help please! Changing SOC code to shortage list (TIER 2 )

[ghazisaghir]

@lokez21 Thank you so much for the clarification and your time. I highly appreciate your effort.
It is such a relief to know that most of us agree that we are exempted from the salary threshold.

But however, I also spoke to a few immigration lawyers. Ones who came back to me conflicted each other though...

Their reply:

..Thank you for your enquiry.
To answer your questions, you will be exempt from the minimum earnings threshold if you have been employed in a job that appears on the Shortage Occupation List in Appendix K, or has appeared on that list during any time you were being sponsored to do that job during the last 6 years, provided you also meet all the other requirements.

Whereas the other immigration lawyer said:

Hello and thank you for your query.
The change in SOC code to move onto the shortage occupation list in relation to ILR applies if the CoS has been issued after 6 October 2019.

So in your case, it is unlikely you will be able to use the change to apply for ILR.
We can't definitely advice without knowing all the details of your circumstances but it may be that you are looking at extending your leave on Tier 2 (meeting the minimum salary requirement on Appendix J for the SOC code) after which you will be able to apply for ILR.

Conflicting views! I wonder who's right and who really understands the laws and guidance as they charge a hefty sum to just give advice. And if they are doing their job right.

I am booked to do Life in UK test anyway and arranging documents meanwhile but, this is where it stands currently and more I contact immigration lawyer more confusion persist.

So what are you going to do? @lokez21 Are you going to apply for ILR despite these conflicting views?

[Lokez21]

My Update:

I've applied for ILR anyway. It was bit of a risk. But I was 90% sure I will get it. But 10% was bothering and haunting me.

I posted the query regarding that on fb ILR group admin - Kazi Ullah bhai who confirmed that I am eligible. He was the real deal. He gave me confidence to make the application. He also pointed that "Job in the SOL list anytime within last 6 years."

APPLICATION for ILR:
I went for Premium ILR application to know the result quickly. I had a backup of job offer from Oxford University as well.

I made an application on 12th Feb 2020 with the same employer with COS dated 2017. The application was straight forward.

On 14th Feb 2020, I've received an email saying "Your application for indefinite leave to remain in the UK has been successful.". I will be sent Biometric Residence Permit (BRP) by courier within 7 working days.

So @ghazisaghir you are eligible and you can apply for ILR. Old or new COS granted after 6th Oct doesn't matter here. What matters is the job in SOL in last 6 years. There's a reason there are shortage of workers for the job, the gov doesn't want to make it Very Shortage Of Workers, sending home already working people and screwing up the organisations. That is not a great idea.

I waited to post my update once I receive my result of application.

Good luck to the future COS added to SOL, am I eligible for ILR holders.