My ILR Application - Set (O)

[NAR00]

I am keen to hear back from the valuable members of this board on any restrictions if one is applying to ILR with a salary less than what is stated on the CoS used for the latest leave to remain?? I recently took a 10% paycut that will reduce my annual salary to less than what is stated on my CoS. My employer notified the UKVI (NO new CoS/leave to remain is required as such since this is part of a company-wide pay cut). My only concern is this reduction may result in the ILR application getting rejected once the UKVI office finds out that my salary was reduced to less than what is stated on the CoS.

Worth noting the new salary is still higher than the minimum salary threshold as per the limits set in the immigration rules.

Any help on this is highly appreciated. Can you please advise if you come across any specific requirements?

[CR001]

You need to earn a minimum of what is stated in the SOC as experienced rate.

If your SOC is a non shortage occupation, you have to meet the ilr threshold or what is in the SOC, whichever is higher.

If you don't meet the SOC or ilr salary requirement, ilr will be refused.

[NAR00]

You need to earn a minimum of what is stated in the SOC as experienced rate.

If your SOC is a non shortage occupation, you have to meet the ilr threshold or what is in the SOC, whichever is higher.

If you don't meet the SOC or ilr salary requirement, ilr will be refused.

Many thanks CR001 for your prompt response. In other words, ia it correct to assume the salary threshold on the current leave to remain has no bearing on my ILR application?

Please note my current SOC is not on the shortage occupation list; the SOC threshold is £36,300. Where can I find the ILR threshold salary? My reduced salary is in excess of £45K and I will be getting a letter from my current employer confirming my role, current salary and job requirement etc...

[CR001]

Your salary is over the ikr threshold, so no issues.

Current ilr rate is £35,800pa.

[NAR00]

Your salary is over the ikr threshold, so no issues.

Current ilr rate is £35,800pa.

Many thanks CR001, much appreciated for your valuable knowledge and quick response.

[NAR00]

As part of the ILR Set(O) application for T2G migrant, one requirement is to submit a letter from my employer(s) listing down absences amongst other employment details. My question is specific to the absence letter from my previous employer.

On this board, there is a nicely written template, whereby employers need to include a list summarising the extent of annual leave days taken during the employment period.

I'm still wondering if it is sufficient to list down the annual leave days only? Please bear in mind:
a - while some of these days are spent in the UK, doesn't really make them absence from the UK. Nonetheless, these will still appear in the employer's absence letter, as they are counted towards the annual leave days. A good example is the vacations we must have taken while in lockdown and not being able to travel outside abroad.
b - on the other hand, there are some absences from the UK, however not registered as annual leave - example weekend getaways to Europe. These won't appear on the employer's absence letter.
c - employer's absence letter will be covering annual leave days against non-holiday days only, thus excluding weekends, bank holidays and business trips, even if those days were spent outside the UK.

1. Are the immigration rules clear about above senarios a, b and c?

2. Am I correct to assume employer's absence letter is to confirm mainly any unpaid related periods / days, whereas the days spent outside the UK will be picked up from the ILR application itself and passport entry/exit stamps?

Many thanks in advance for your guidance and any help on above questions. Happy to clarify further if required.

[CR001]

Topics merged. Please keep all questions about the same application in one topic, this one

[NAR00]

Apologies, I thought I created a new topic. Will post it in a new thread.

[NAR00]

As part of the ILR Set(O) application for T2G migrant, one requirement is to submit a letter from my employer(s) listing down absences amongst other employment details. My question is specific to the absence letter from my previous employer.

On this board, there is a nicely written template, whereby employers need to include a list summarising the extent of annual leave days taken during the employment period.

I'm still wondering if it is sufficient to list down the annual leave days only? Please bear in mind:
a - while some of these days are spent in the UK, doesn't really make them absence from the UK. Nonetheless, these will still appear in the employer's absence letter, as they are counted towards the annual leave days. A good example is the vacations we must have taken while in lockdown and not being able to travel outside abroad.
b - on the other hand, there are some absences from the UK, however not registered as annual leave - example weekend getaways to Europe. These won't appear on the employer's absence letter.
c - employer's absence letter will be covering annual leave days against non-holiday days only, thus excluding weekends, bank holidays and business trips, even if those days were spent outside the UK.

1. Are the immigration rules clear about above senarios a, b and c?

2. Am I correct to assume employer's absence letter is to confirm mainly any unpaid related periods / days, whereas the days spent outside the UK will be picked up from the ILR application itself and passport entry/exit stamps?

Many thanks in advance for your guidance and any help on above questions. Happy to clarify further if required.

Can you guys help me with your expertise against above raised queries? My employer's absence letter is limited to a list of annual leave days only - which is not a true reflection of my absences from the UK as explained above in senarios (a) , (b) and (c). Highly appreciate your earliest feedback as I am in the process of collecting my paper work for ILR Application.

[srsw]

Yes, it should be fine provided you can add additional evidence, e.g stampings in passport or boarding passes, etc.

Your employer won't know about your personal holidays so it's fair enough, but if there are any business related trips then your employer should include those details in the letter.

[NAR00]

Dear board members and facilitators, with regards to letters required from our employer(s), is it acceptable for these letters not to have a wet signature? Due to the lockdown measures, a digital signature policy is being implemented, so I was wondering if there are any particular issue submitting documents with digital signature. Many thanks in advance.

[NAR00]

Yes, it should be fine provided you can add additional evidence, e.g stampings in passport or boarding passes, etc.

Your employer won't know about your personal holidays so it's fair enough, but if there are any business related trips then your employer should include those details in the letter.

Many thanks SRSW

[srsw]

Dear board members and facilitators, with regards to letters required from our employer(s), is it acceptable for these letters not to have a wet signature? Due to the lockdown measures, a digital signature policy is being implemented, so I was wondering if there are any particular issue submitting documents with digital signature. Many thanks in advance.

Digital signature should be fine. Just make sure contact details are mentioned in case ukvi need to make any further contact with your employer.

[NAR00]

I am a T2G applying for ILR along with my wife who is on PBS dependant visa along with me for the past 5 years (we have been on different visa types before those 5 years). I stumbled a bit when it comes to signing the consent forms, as both of us are considered to be "applicants": I am the "Applicant 1" and my wife is the "Applicant 2 (partner)".

Both of us are working; thus, we are using the following documents to support our upcoming ILR Set(O) application:
- joint bank account - both our salaries are deposited onto this joint account
- utility and council tax bills - some of them are under individual names, others are jointly held by both of us.

To be on the safe side, shall I print two sets and upload 1 set per applicant, as per below logic:-
For Set 1 consent forms, submitted under the main applicant, this will be signed as follows:
- Part 1: husband (holder of T2G)
- Part 2: wife (holder of PBS Dependant)
- Part 3: wife
For Set 2 consent forms, submitted under the "partner" applicant, this will be signed as follows:
- Part 1: wife (holder of PBS Dependant)
- Part 2: husband (holder of T2G)
- Part 3: husband

What is the experts view on this? When it comes to signing the consent forms, can you please advise who needs to sign:
- Part 1:
- Part 2:
- Part 3:

Many thanks in advance for your clarification.

[zimba]

Each Applicant sings part 1, the other party signs part 2.
Part 3 for PBS applications is not required

[NAR00]

Many thanks Zimba

[NAR00]

I am a T2G applying for ILR along with my wife who is on PBS dependent visa, both of us been in the UK for the past 5 years (we have been on different visa types before those 5 years). We are using the ILR Set (O) form for both of us, me as the main applicant and my wife as the dependent applicant. We are NOT including our son in this application as 1) he was born in the UK, 2) his dependent visa is valid until June 2021 and 3) we have no intention to travel until we obtain our ILR visa, after which we intend to submit for his citizenship which he should get because he was born here.

The questions I would like to clarify with the experienced members of this board are:
1. Is above logic sound enough or do we need to add him to our application?
2. When it comes to submission of the documents on the UKVCAS portal, I am thinking to include following documents under the "Life Events": Birth certificate for our son, a copy of his BRP card, and a copy of his current passport. Is this a advisable or better not to include?
3. I am going to write a cover letter anyways, so I can mention our intention for our son's visa in the cover letter. Any other suggestions?
4. On the day we are to submit our passports and BRP cards, are we required to give up our Son's BRP card or this will be required only after obtaining our new ILR cards?

[srsw]

1. Yes, that's fine. You don't need to add your child in your application.

2. Not required. Don't add unnecessary documents as he is not part of this application.

3. Yes. Even if you don't mention about your son, they will most likely email you asking about your son and then you can mention that you'd like to register him as BC.

4. Passports or BRP cards are not taken away at the biometrics appointment. Your son is not part of this application so don't worry about it at this time. When you apply for him via MN1 form then you need to send his BRP back once the application is approved.