ILR: standard application now or wait for super priority?

[a_london1]

I would be very grateful if knowledgeable people could help me.

I am currently on a Tier 2 visa, and I am due to apply for ILR in 6 weeks in May.

I have two questions:

1. My CEO proposed a temporary reduction of hours (up to 25%) due to the current economic climate. This would bring me below the appropriate rate of my CoS as well as below the salary requirements for the ILR.

In the PBS policy guidance (paragraph 221), it says that if the reduction is temporary due a company-wide policy to avoid redundancies because of the economic situation, then the reduction is not subject to meeting the appropriate rate. However, I could not find any information about the implications for the ILR application. Could you advise whether I would be able to apply for the ILR if the reduction of hours (and pay) is temporary (say 2-3 months) but my normal salary is otherwise £35,800 or more?

2. It is possible that my company will place me on the Coronavirus Job Retention Scheme (make furloughed) in the weeks to come. I could not find any guidance or rules with respect to implications for people who are on Tier 2 visa and their ILR application. Could someone advise if I would be able to apply for the ILR while on the Coronavirus Job Retention Scheme?

Thank you.

[trevoronitselec]

We’re exactly on the same boat. I am too going for the ILR application and the earliest time for me to apply is end of this month. The changes of salary is also giving me a lot of concern but my job is listed on shortage of workers and I barely met the requirement after the temporary salary reduction of 20%. Still cant stop myself worrying. Please update once you receive more information about furloughed employees and reduced salary while applying ILR

[zimba]

indefinite-leave-to-remain/emplyer-refe ... 99630.html

[a_london1]

indefinite-leave-to-remain/emplyer-refe ... 99630.html

Zimba, thanks but the link to the post which you shared seems to be unrelated to my earlier two questions as the author in that post is asking about the implications of redundancy on his ILR.

I asked about (1) the impact of being on the Coronavirus Job Retention Scheme and (2) the temporary reduction of hours due to the economic situation (as a separate situation) on my ILR application.

The goal of the Coronavirus Job Retention Scheme is to prevent redundancies (whereby the government is paying 80% of the salary of employees who are kept on payroll but would have otherwise been made redundant). It is not the same as the redundancy itself.

Some more details about the scheme could be found on gov.uk here .

[zimba]

In fact I was very clear. There are NO changes to the ILR requirements. . All requirements for ILR still apply.

1) You MUST be paid above the required salary as per your SOC even if you are furloughed for ILR
2) If you are made redundant you CANNOT get ILR as per Tier 2 rules.
3) Even if you are furloughed, your sponsor still must need you for the foreseeable future otherwise you CANNOT get ILR

As I repeated several times now, there are NO relaxations of the ILR requirements at all. UKVI has left many of decision making to the sponsors and only relaxed some of the enforcements. The ILR rules remain exactly the same for now

https://www.gov.uk/guidance/coronavirus ... 5-sponsors

[a_london1]

In fact I was very clear. There are NO changes to the ILR requirements. . All requirements for ILR still apply.

1) You MUST be paid above the required salary as per your SOC even if you are furloughed for ILR
2) If you are made redundant you CANNOT get ILR as per Tier 2 rules.
3) Even if you are furloughed, your sponsor still must need you for the foreseeable future otherwise you CANNOT get ILR

As I repeated several times now, there are NO relaxations of the ILR requirements at all. UKVI has left many of decision making to the sponsors and only relaxed some of the enforcements. The ILR rules remain exactly the same for now

https://www.gov.uk/guidance/coronavirus ... 5-sponsors

Thank you. In this case, if they temporarily reduce my salary in April up to, say, 30% (which is in line with the PBS guidance, paragraph 221), but then bring it back to the way it was (over £35,800) in May, will I be able to apply for the ILR without any problems?

[zimba]

Yes as you must be paid the min salary when you apply

[a_london1]

Hello! I am eligible to apply for ILR now.

My main goal is to secure the ILR as soon as possible (due to the risk of losing my current job).

Should I submit a standard application online right now (and submit the biometrics when the centres reopen)?

Or should I wait for the possibility of super priority service being resumed and not submit the standard application?

I know that nobody knows when (or if) the super priority service will be resumed. I know that nobody can predict the future or know anything for certain.

But what do you think is my best bet to get the ILR as fast as possible in the current circumstances?

Thank you all.

[CR001]

It is likely that the super priority and priority service will be suspended for a while as there is a huge backlog that ukvi will need to get through for all category visa extensions and ilr applications first.

[a_london1]

Thank you. In this case, would you say my best bet is to submit a standard online application right now?

[CR001]

It is up to you what you choose to do. If you submit now, at least you are in the queue.

Note that you still need to be employed by your sponsor until ilr is granted.

[a_london1]

Thank you once again. Do I understand correctly that by “queue” you mean the queue for the biometrics appointment?

Is it not a matter of just whoever manages to book the appointment first (once the centres reopen) without any queue?