T2 - ILR Documents Urgent

[rajtargotra]

Dear experts,

Please could you advise on the below query:

My wife is a Physiotherapist band 6 and she's becoming eligible to apply ILR in March 2021. I was trying to find the salary requirements for ILR as per the new guidelines and the visa rules starting from Jan 2021. Unfortunately, I'm not able to find the correct information thus I need your guidance.

Please could you advise, if she will be applying under the new visa rules ?
And what would be the salary threshold for ILR for a Physiotherapist in 2021 visa rules ?

I will be really thankful.

Best regards,
Raj

[vinny]

SW 24.3.

Subject to SW 24.4, the applicant’s salary must be at least the general salary requirement or the going rate requirement listed in the table below, whichever is higher.

B The applicant was sponsored in their most recent permission for a job in a shortage occupation or a health or education occupation code listed in Table 2 of Appendix Skilled Occupations

Max of

General salary
Salary of at least £20,480 per year

and

Going rate
At least the going rate

SW 24.4.

Salary under the table in SW 24.3 is subject to the following:
(a) salary will be considered as set out in SW 14.1. to SW 14.5. (and in SW 14.3., references to the salary thresholds of £25,600 or £20,480 per year should be read as including references in the table in SW 24.3 above); and
(b) if the applicant is currently absent from work for one of the reasons set out in Part 9 paragraph 9.30.1, or has returned from such an absence within the month before the date of application, consideration will be based on their salary on their return to work, as stated by their sponsor.

Table 2

2221 Physiotherapists

• Electro-therapist
• Physiotherapist
• Physiotherapy practitioner

See relevant pay band in Table 3

NHS Agenda for Change 2020/21

Band 6

England £31,365
Scotland £31,800
Wales £31,365
Northern Ireland £31,365

[rajtargotra]

Many many thanks Vinny, I'm really grateful to you for your help.

Best regards,
Raj

[rajtargotra]

Dear Experts,

My wife is getting eligible for ILR in March this year, we're trying to contact her previous employer for her absence letter but unfortunately they are not replying to our emails.

She had only 03 short visits overseas on annual paid leave when she was employed with them. With her current employer, we never travelled out of the UK.

So, in total she had only 03 short visits (15 days or less) out of the UK in her 5 years period.

Could you please advise, if there's any other way to explain her absence (Out of the UK) to Home Office, if in case we don't hear back from her previous employer.

Also, should we need an absence letter from her current employer, even if she has never been travelled abroad during her work period with them.

I will be really thankful for all your help.

Best regards,
Raj

[TaherLy]

Three steps:

1. Get absence letter from current employer
2. Write a cover letter explaining the situation emphasising you have reached out to previous employer and had no replies
3. Enclose copies of the emails you sent to the employer

[rajtargotra]

Thank you TaherLy

[rajtargotra]

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

[zimba]

You should keep all the question related to an application in one thread so that we can all see the history of the queries on that application

[rajtargotra]

Thank you Zimba, I have made note of it. I will keep my questions in this post only.

Regards,
Raj

[Tiger77]

1. No it should be fine .
2. It is fine as she’s getting the required salary
3. As long as she’s working the number of hours as per her CoS and getting the correct salary she will be ok .
4. Assuming her change of employment was reported to HO she will be fine . It’s worth checking with her employer this was communicated to HO . Even if the change of employment is not reported it’s likely the employer will be roasted by the HO but unlikely her application will be affected unless they lose their license which is very unlikely.

[rajtargotra]

Thank you Tiger77,

Yes. I agree with you. I'm mainly concerned that now she's getting salary £31365 with working hours 37.5 to meet the NHS Salary (Agenda for Change) and to becoming eligible for ILR. But, her T2 CoS was having working hours 40.

So, will that be okay, if we take a letter from HR confirming her new working hours 37.5 and salary £31365. Will that justify to Home Office ?

I would be really thankful for your quick response and would highly appreciate, if Zimba, Vinny or CR001 share their thoughts too.

Regards,
Raj

[Tiger77]

It’s not an issue at all
Just email your HR and ask if they have informed the HO that she’s now working 37.5 hours and not 40 hours . If so , you are fine if not then ask them to update the SMS . Problem solved . I think the letter you mentioned is likely to cause confusion and delay and there is no need for it.

[rajtargotra]

Thank you Tiger77, yeah that makes sense. Thanks for your help.

Regards,
Raj

[rajtargotra]

Hello Experts,

I'm sure documents for ILR application might have been asked many times already but my query is slightly different to others:

My wife is uploading her documents for ILR very soon, she has been asked to provide all the previous passports that she used to travel to the UK. She came to the UK on Student Visa in 2014 and then She renewed her passport in January 2016 and got her T2 visa in April 2016.

So, my query is: does she need to provide all the previous passports from 2014, or the latest which she renewed in January 2016 before getting her first T2 G visa which covers all 5 years of travel history ?

2. She has been asked to provide evidence of immigration status in the UK and in another line in the document checklist, they have asked to provide current BRP card. Could you please advise if only BRP card can suffice both the requirements or should we need to provide another document as an evidence for immigration status in the UK ?

Your quick response will be highly appreciated, many thanks in advance.

Regards,
Raj

[rajtargotra]

Hello Experts,

Please could you advise on the Passport query as a matter of urgency. I look forward to hearing from you soon.

Thanks
Raj

[zimba]

All passport in the last 5 years. BRP is enough

[rajtargotra]

Thank you very much Zimba.

Regards,
Raj