ILR 28 days minus 5 years

[tedta]

Dear all,

I have been sponsored under Tier 2 (General) for occupational code 2311 Higher education teaching professionals since 2017 and I am in the process of applying for ILR soon. I have not changed my sponsor nor my job ever since.

I noticed there has been some changes in salary thresholds. I am earning around £39k at 36.5 hrs/week. The ongoing rate for 2311 as of now is £40700 at 39 hrs/week. My understanding is that the above figure should be pro-rata and so 40700÷39 * 36.5 = £38091. Therefore, my salary is above £25600 and also 38091 which it means I meet the salary requirement. In the guideline below, there has been a clause explaining the conditions that occupational code 2311 can be paid less but the sentences are abit ambiguous.

https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa

I also noticed in paragraph 14.5(c) a transitional arrangement, the ongoing rate is much lower than the above figures and for 2311 is in the region of £33k as of now at 40hrs/week - which needs to be pro-rata. In either case, my understanding is that I meet the salary requirement. In my understanding the transitional arrangement in this clause is valid for existing visa holders that will apply to settle until December 2026.

https://www.gov.uk/guidance/immigration ... led-worker

As there seem to be a certain level of ambiguity within these documents, I would like to have some advice on whether my understanding is correct and that given my circumstances I can meet the salary requirement for ILR?

[zimba]

Your understanding is correct

[tedta]

Dear all,

I will apply for my ILR through 5-year route (Tier 2 [General]) by the end of this year and I have few questions summarised below and would be thankful if you can advise me.

1. I have been sponsored under Tier 2 (General) by the same employer.
A- Date of issue of leave to remain on BRP: 16/12/2016
B- Date of validity of visa sticker on passport: 25/12/2016
C- I came to the UK on 04/1/2017.
D- I started to work on 9/01/2017 (as per my offer letter).
E- The leave to remain on BRP is valid until 22/01/2022.

From which date I have to count 28 days for 5 year continuous residence before I can apply for ILR? A or B or C or D or E?

(2) I understand I have to provide two letters to support ILR application from my employer:

a. support letter from employer. What does my employer need to include on this letter? I couldn't find a template for this online nor in guideline document from Home office.

b. a letter confirming the absences approved by my employer. Are these absences referring to the time I was outside the UK on bussiness trips and/or annual leave or it should include all my annual leaves even when in the UK? Is there any template for this?

Thank you

[CULLINAN]

1) You can use your initial BRP issue date as the starting date.

2)
indefinite-leave-to-remain/employer-let ... 67381.html

[tedta]

Dear all,
Sorry for the wordy question.

When I applied for my Tier 2 (visa) in December 2016, I have applied for visa and nationality service through UK NARIC and was given two statements: "Academic Qualification Level Statement" and "English Language Proficiency Statement". I applied for my visa using these two docs to meet English requirement and was successful.

The sentences in each statement were as follows:
Qualification Level: Your qualification is considered comparable to British Doctor of Philosophy degree (PhD) standard.
English language level: The level of English language for the above degree course is considered to meet the requirements of CEFR level C1.

Questions:
1. I understand that now UK NARIC is called ECCTIS. Do I need to use thier service again or the ones I have are sufficient to meet the English requirement for ILR 5-year route?

2. On the government website, it says the degree must be "equivalent" to a UK degree. But my evaluation statement said it is "comparable". I have seen many examples online that used the same terminology as mine - "comparable". What do you advise? Would it be a problem you think?

Thank you.

[tedta]

I did abit of more research and it seems the words "comparable" and "equivalent" can be or at least have been used interchangeably in the English literature. So perhaps I am overthinking but really need your opinion and advice please - for both questions.

[tedta]

Dear all,

I will apply for my ILR through 5-year route (Tier 2 [General]) by the end of this year and I have few questions summarised below and would be thankful if you can advise me.

1. I have been sponsored under Tier 2 (General) by the same employer.
A- Date of issue of leave to remain on BRP: 16/12/2016
B- Date of validity of visa sticker on passport: 25/12/2016
C- I came to the UK on 04/1/2017.
D- I started to work on 9/01/2017 (as per my offer letter).
E- The leave to remain on BRP is valid until 22/01/2022.

I'd like to start completing the online application soon.

Question 1. I'd like to submit my application on 9/12/2021 counting 28 days from 4/01/2017 which is around 26 days earlier than 5 years qualifying period. Is that ok?

Question 2. Assuming I'd like to submit the ILR application on 9/12/2021. Can this day be the date of BRP appointment or 28 days minus 5 years doesn't include BRP appointment. Meaning I can include the BRP appointment within the 28 days minus 5 years so 9/12/2021 includes my BRP appointment.

Question 3. In online application, it says "which category you'd like to apply for ILR under" and it has "Skilled worker, Tier 2 and Sportsperson" when I choose that then in the next option it only has "skilled worker" not Tier 2. Is that ok if I choose "Skilled worker" option? I read some information online and they all say skilled worker is technically replaced Tier 2.

[AmazonianX]

Dear all,

I will apply for my ILR through 5-year route (Tier 2 [General]) by the end of this year and I have few questions summarised below and would be thankful if you can advise me.

1. I have been sponsored under Tier 2 (General) by the same employer.
A- Date of issue of leave to remain on BRP: 16/12/2016
B- Date of validity of visa sticker on passport: 25/12/2016
C- I came to the UK on 04/1/2017.
D- I started to work on 9/01/2017 (as per my offer letter).
E- The leave to remain on BRP is valid until 22/01/2022.

I'd like to start completing the online application soon.

Question 1. I'd like to submit my application on 9/12/2021 counting 28 days from 4/01/2017 which is around 26 days earlier than 5 years qualifying period. Is that ok? Yes

Question 2. Assuming I'd like to submit the ILR application on 9/12/2021. Can this day be the date of BRP appointment or 28 days minus 5 years doesn't include BRP appointment. Meaning I can include the BRP appointment within the 28 days minus 5 years so 9/12/2021 includes my BRP appointment. [align=center]Does not, you biometrics appointment will be after submission of application. Submit your application and choose appointment, you should be alright.
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Question 3. In online application, it says "which category you'd like to apply for ILR under" and it has "Skilled worker, Tier 2 and Sportsperson" when I choose that then in the next option it only has "skilled worker" not Tier 2. Is that ok if I choose "Skilled worker" option? I read some information online and they all say skilled worker is technically replaced Tier 2. Correct SW it is now.