ILR salary request for WP holders -any rule change recently?

[liuminparis]

Hi,

Is there any change of the rule regarding salary recently?

Please advise. My friend is to apply for ILR next month, and he was refused once as his salary hourly level was lower than SOC.

is it still the case that as long as his hourly rate is over £8.65/hr (SOC 5434 chef), he satififies the immigration rule for ILR? Or his salary needs to reach a certain level annually? i.e. £20k/annum. Solicitors have different says and he is very confused. At the moment, his salary has been increased to £18K from £16K (after refusion)

Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted on application to a person provided:
(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);
(ii) he has met the requirements of paragraph 128(i) to (v) throughout his leave as a work permit holder, and has met the requirements of paragraph 135G(ii) throughout any leave as a highly skilled migrant;
(iii) he is still required for the employment in question, as certified by his employer; and
(iv) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency, and
(v) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with paragraph 33BA of these Rules, unless he is under the age of 18 or aged 65 or over at the date of his application;
(vi) he does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders act 1974


Thanks

[liuminparis]

I find more info on UKBA website

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

page 27

Where the migrant will need to apply for leave to remain in the UK:

T2 (Gen) where previous leave was granted under the rules in place on 6 April 2011
either £20,000 per annum, or the minimum appropriate rate for the job as set out in the relevant code of practice or the shortage occupation list, whichever is higher.

T2 (Gen) where previous leave was granted under the Tier 2 rules in place before 6 April 2011 or under the Work Permit arrangements (or other transitional categories)
Minimum appropriate rate for the job as set out in the relevant code of practice

T2 (Gen) switching from another immigration category.
either £20,000 per annum, or the minimum appropriate rate for the job as set out in the relevant code of practice or the shortage occupation list, whichever is higher.

which rule should my friend follow to apply for ILR after 5 years WP? Is it the second one? Is it definite that he doesn't need to meet £20K requirement?

need your professional advices please

Thanks

[ksab]

What is your friend's occupation? His salary has to be more than or equal to the minimum pay for his occupation's specific SOC code.

[liuminparis]

What is your friend's occupation? His salary has to be more than or equal to the minimum pay for his occupation's specific SOC code.

he is a chef (secondary chef)

[ksab]

http://www.ukba.homeoffice.gov.uk/sitec ... /nvq3-cop/

look at section I in this.

[littlerice]

As long as his salary is above SOC code, he is fine, providing there is no other issues like convictions, CCJ and so on.

Your second post is for people applying for extention (those who haven't got their 5 years), it has nothing to do with apply for ILR.

[liuminparis]

Thanks a lot for your help. I have booked my friend an appointment on 9/9/2011 for ILR. I will update the post