ILR Eligibility

[Sunny800]

Hello Everyone,
Hope you are all Well.
I have completed Msc in Computer science in 2019 And got a job with tier2 sponsorship with a package of 23500
In 2021 when I went for extension the company didn’t increase the salary to the threshold and have given me a salary of 24000
I have asked for the increase as per the market standards and ongoing threshold but they were reluctant
Hence for the job security I have continued to stay there in the same company with less salary
And now when my company was audited they have mentioned that I’m underpaid and my employer mentioned me about the same
My question here is
Do the threshold matter during the extension if in case yes why was my visa not refused by home office when my employer has given me 24000 in the cos
What are the chances of ILR and what is the criteria they look for
Is it just the last one year or the entire three year ?
SOC Code:2139
Note: My Job is not under Shortage occupation code
Kind regards

[manci]

Do the threshold matter during the extension if in case yes why was my visa not refused by home office when my employer has given me 24000 in the cos

In 2021 when you got your extension was the applicable going rate for your job more than £24k, i.e. are you suggesting that the CoS was wrong?

What are the chances of ILR and what is the criteria they look for
Is it just the last one year or the entire three year ?

With your ILR application you'll have to enclose a letter from your sponsor confirming that they still require you to work for them for the foreseeable future, and that the you are paid paid, and will be paid for the foreseeable future, at least the going rate which is currently £32.1k (37.5 hour working week)

[Sunny800]

Thanks for the reply.
Salary was less than ongoing rate

[lolo2]

How many weekly hours of work were in the CoS?

[Sunny800]

38 Hrs per week.
Thanks

[Sunny800]

Can please other admins reply on my query?
Thanks in advance.

[Sunny800]

Please Zimba Can you please reply on my query
Thanks in advacnce.

[manci]

from your 2021 extension please provide:

SOC code
job description
salary
working hours
your age at the time of the application

[Sunny800]

Thanks for the response Manci
Below are the details
SOC code:2139
Job Title: Software Test Analyst
job description:Assist in creating test plans and strategies based on project requirements and specifications.
Collaborate with senior team members to define test objectives, scope, and entry/exit criteria.
Create and maintain test cases, test scripts, and test data based on functional and non-functional requirements.
Ensure test cases cover various scenarios, including positive and negative test cases
salary
working hours:38
your age at the time of the application:27 Yrs
Note: My Employer ticked For NO For the option if applicant is a new entrant

Thanks in advance.
Kind Regards,
Sunny

[manci]

Please confirm that none of the conditions for new entrants on p40/41 applied to you at the time of the extension application
https://assets.publishing.service.gov.u ... worker.pdf

also, what was the salary stated in the CoS?

[Sunny800]

Thanks for the response
Tier4 visa expired: sept 2019
Intial tier2 visa approved: Nov 2019, Applied for 2 Years
Expiry date: Dec 2021
Extension applied for 3 years on 2021 Sep
Expiry Date:2024 Nov
Salary on the cos at the time of extension:24k
My Employer ticketed No for the is the applicant new entrant option in the cos
Do the below condition applicable to me?
Applicant’s most recent
permission, other than as a
visitor, was under Tier 4
(General) or the Student route.
The permission must either be
current, or have expired less than
2 years before the date of
application.
In that permission (or previous)
permission, the applicant must
have been sponsored to study
one of the following courses (not
any other qualifications of an
equivalent level):
• a UK bachelor’s degree
• a UK master’s degree
• a UK PhD or other doctoral
qualification;
• a Postgraduate Certificate in
Education
• a Professional Graduate
Diploma of Education
The applicant must have
completed (or be applying no
more than 3 months before they
are expected to complete) the
course. An exception applies to
PhDs and other doctoral
qualifications, where the applicant
must have completed at least 12
months’ study in the UK tow

Thanks in advance.

[Sunny800]

Hi Manci
Can you please reply
Thank you

[Sunny800]

Hello Admins
Can someone please reply on my query?
Thanks

[manci]

Do the below condition applicable to me?

Not possible to tell as you haven't provided sufficient information.

On what date in September 2019 did your T4 visa expire and did you obtain a degree on completion of your studies?

What was the exact date of your extension application in September 2021?

[lolo2]

It seems the employer "played" with OP's age and/or previous visa as a student to pay less than the going rate Skilled Worker visa - when you can be paid less. I also was paid less than the going rate when switched from the former Tier 4 (student) to Tier 2 (skilled worker), and I wasn't under 26 at the time.

I don't see any other way for them to pay less, don't think it was a mistake from UKVI. We've seen a number of posts here where applications were rejected due to low salaries.

OP can ask for a salary increase commensurate with the job/market - and now experience - or look for another job.

Software professionals are permanently in high demand and - according to what we can see - salaries are well above £24k a year even for recent graduates. Also there's lots of employers in the IT sector licensed to provide sponsorship.

[Sunny800]

Thanks for the reply Lolo
Does that have impact on my ILR Application which is due in Sep 2024?
Note:If i secure another job with 35k per annum or present employer agree to increase to current ongoing rate?

[Sunny800]

Thanks for the reply Manci
Course awarded date:30th July 2019
Tier 4 expiry date:30 sep 2019
Extension applied on 29th Sep 2021 for three years

[manci]

Tier 4 expiry date:30 sep 2019
Extension applied on 29th Sep 2021 for three years

I think at the time of your extension application you were treated as a new entrant by the HO irrespective of what your sponsor said hence the acceptance by the HO of the lower than the going rate salary in your 2021 CoS. The rule is (as you stated above):

Applicant’s most recent permission, other than as a visitor, was under Tier 4 (General) or the Student route.The permission must either be current, or have expired less than 2 years before the date of application

Your permission as a student expired one day later than 2 years before the date of your extension application.

This issue has no bearing on your ILR application next year.

[Sunny800]

Thank you so much for the response Manci.
Have you ever seen this type of case, Did they get ILR? Re
I have last question regarding 180 Days Absence Rule
During the Covid time, I have visited my home country for personal reasons, Due to the surge in the covid cases and My family got covid, I coudn't return back to the uk as expected.I have quarantined in the uk by paying 1750 pounds as well to be under 180 days absence limit rules. What impact it will have on my ILR?
Out of country dates: 15th jan 2021-6th july 173 days
25th oct 2021-2nd Nov 2021 9 days
Total-182 days
Note: I have Flight cancellations mails and Covid positive certificates
Note: If i apply ILR on 30-09-2024, Do they check for last 5 yrs or At the time of intial approval visa date which is Nov 2019 for 180 days absence rule

Thanks in advance

[Sunny800]

Hi Manci
Can you please reply for the above query?
Thanks in advance.

[manci]

From innigration rule CR2.3 - period spent outside the UK for reasons (a) to (h) below will not count towards the 180-day limit, if the absence was for any of the following reasons:

(b) travel disruption due to natural disaster, military conflict or pandemic

[Sunny800]

Thank you so much for the response Manci

[Sunny800]

Hello Admins,
Hope you are doing good!!
My Employer license has been suspended with until further investigation. One of the reason for suspension is employer not paying as per ongoing market rate.
Below are my questions
A. Is there any impact on my current visa?
B. I have read below instructions on the home office website
If you are involved in the reasons why your sponsor lost their license, your visa will be withdrawn and you'll have to leave the uk immediately.
As an employee working for less salary is considered to be involvement in the suspension or What does that mean "If you are involved in the reasons why your sponsor lost their license, your visa will be withdrawn and you'll have to leave the uk immediately"
Please Can anyone share some insights or experiences.
Thanks in advance.

[Sunny800]

Hello Manci, Lolo
Can you please reply?
Thanks in advance.

[lolo2]

I do not have experience in the matter, but I understand this statement is referring cases when the visa holder has actively participated in unlawful procedures - such as obtaining documents fraudulently.

You can keep working while the sponsor suspension is ongoing, there's a provision for this in the rules: Sponsor licence

I personally stick with the initial advice, the best thing you can do is find a new job.