Post
by rajtargotra » Fri Feb 26, 2021 3:07 pm
Dear Experts,
I'm sorry for reposting a question about salary requirement for my wife's ILR application. It's a different query this time, the first one had already been replied by Vinny, thanks to Vinny. I'm not sure who has merged that post with another and mixed up all the replies, so that's the reason I'm opening a new topic today.
So, here's my query.
My wife switched her job with a new employer in April 2019, she was assigned a role as a Physiotherapist Band 6 (soc code: 2221), On her CoS the following details was given - job Physiotherapist Band 6, Salary £34170 and weekly working hours 40, Job Location - London.
She got her T2 extension (Change of employer) visa approved without any issue but before her joining date with new employer, we found out that they have same role available in nearby city to us and we had requested her employer to move her to Hull instead of London as it was easier for us to relocate. They agreed but they said you will not be paid London rates and the salary was reduced to £30700.
We believe that the HR department must have informed the Home Office about the Salary and the location change as the changes were made after the visa was approved but before the joining date.
Now, she is working with the same employer and she's eligible for ILR in March this year. She's working 40 hours a week with a salary £30700 as a Physiotherapist Band 6. Her two years as a Band 6 Physiotherapist will be completing in April this year. None of the employee in her company was given appraisal/salary hike due to the COVID business impact but then company decided to give appraisal last year in December to all the employees but my wife was excluded from the list as she was joined a month later in April and the salary hike was for everyone working in March 2019.
After we posted a question in another post regarding the minimum salary for ILR, we came to know with Vinny's help that for her ILR application she must be earning at least £31365 as a Band 6 Physiotherapist. We discussed this with her HR and they agreed to increase her salary from £30700 to £31365 from Feb (this month). Please note, she didn't have any salary hike in the past two years, this was the first appraisal.
Now, I have few questions and would request you all experts to please share your guidance.
1. Does a sudden increase in the salary just before one month of ILR application will raise any concerns to home office. (Please note, no employee in her company had appraisal since last two years including her).
2. She was given the exact salary £31365 (as per the NHS salary criteria) not a pound extra. will that be a concern in calculation if they deduct any one pound that will put us on risk of earning less salary.
3. Her working hours are still 40 Hours a week as mentioned in her CoS and I believe as per NHS guidelines the salary was mentioned as per 37.5 Hours a week. Will that be a problem for us in ILR application.
If we take a letter from HR department for her foreseeable future with the company, current salary £31365 with 37.5 hours a week, will that help in justifying the Home Office or Home Office will check records for last few months.
4. Her CoS was having salary £34170 and now she is earning less than what was mentioned in the Original Cos £31365 due to the location change, will that be an issue in the ILR application.
I understand that I have made post very lengthy as I wish to explain the whole situation for better understanding. I will be really thankful if you could please reply to my queries and help us in our ILR application.
I look forward to hearing from you.
Thanks
Raj