ILR Minimum Salary Requirement for SOC 2124

[Ronstein]

Hello,

I came to the UK on a Tier 2 Visa as an Electronics Design Engineer (SOC 2124) in 2019. I have been in the same job since then. This year I am eligible to apply for ILR. I work 37.5 hours per week.

After the latest salary changes - effective April 4, 2024 - can you please advise what is the minimum salary I should be earning in order to be successful in my ILR application?

[zimba]

For your SOC the minimum annual lower going rate is set at £41,900 for a 37.5-hour working week to qualify for ILR.

Learn more on how the calculations work here: indefinite-leave-to-remain/ilr-minimum- ... l#p2027869

[Ronstein]

Hello Zimba,

Thank you for getting back to me on this.

The Immigration Lawyers I was in contact with have passed on the information that since the Job Code SOC 2124 was on the Shortage Occupation List before 4th April 2024 - as per Table 2 based on 25th percentile, I need to be paid £33,520 as mentioned in column "80% of going rate - Option I".

I am now confused - for my ILR application to be successful, will my salary need to be £41,900 (100%) or £33,520 (80%)?

Please advise.

[zimba]

I am not sure where the lawyers got that idea. Maybe I am missing something ??
The percentage reductions do not apply at the settlement stage (those apply to entry clearance and extensions only).

Table 2: Eligible SOC 2020 occupation codes and related going rates based on 25th percentile Annual Survey of Hours and Earnings (ASHE) data
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Only the going rate column applies to Skilled Worker settlement applications; the columns setting out 70%, 80% and 90% of the going rate do not apply.

The rules: https://www.gov.uk/guidance/immigration ... ccupations

Also, the 25th percentile consideration already applies to the limits imposed on such people, which is why the thresholds are in fact lower than normal. There are two numbers to consider: the general threshold, as well as the going rate for your SOC. So whichever is the largest, will be the minimum salary you need to earn to qualify for ILR.

As far as I see the people who used to be under the 'shortage occuputaion list' can only benefit from a lower general threshold reduced to £23,200 per year which is due to 25th percentile consideration. Also for the going rates, a lower going rate applies as you moved to the skilled worker route before 4 April 2024.

The current going rate for your SOC is in fact £49,900 as the UKVI raised the threshold to be the 50th percentile of the Annual Survey of Hours and Earnings (ASHE) dataset. I believe the lower going rate is still based on the 25th percentile of the Annual Survey of Hours and Earnings (ASHE) dataset which is £41,900

This is all explained by the UKVI here: https://www.gov.uk/government/publicati ... accessible

[Ronstein]

Hello Zimba,

Thank you for the detailed explanation.

Suppose my employer decides to raise my salary to the minimum threshold of £41900, as required for SOC 2124 - how many months of Payslips showing this new salary will be required to be furnished at the time of ILR application?

Please advise.

[zimba]

Hello Zimba,

Thank you for the detailed explanation.

Suppose my employer decides to raise my salary to the minimum threshold of £41900, as required for SOC 2124 - how many months of Payslips showing this new salary will be required to be furnished at the time of ILR application?

Please advise.

You always need just the last salary slip with the appropriate salary, however beware that raising an employee's salary to meet the requirements for ILR could lead to your sponsor being investigated or even their licence being suspended. This has historically been frowned upon by the UKVI