Need your advice. It seems everyday there is a new hurdle for my journey for ILR. This time it is the revised SOC code and salary threshold.
I will explain my situation.
Background:
I have been in UK since 2008 when I first traveled on UK Work Permit and henceforth my Visa was extended through Tier 2 and Tier 2 ICT Established staff. My Visa is currently with UKBA already for extension under Long term staff.
My SOC code current SOC code is 2132 and salary is £40K.
I am planning to apply for ILR but it seems I can apply only after 6th April considering there is considerable delay from UKBA on processing any application.
So based on the new rule can you please advise what changes I will need to do for my ILR application. Bit confused with so many data in the
http://www.homeoffice.gov.uk/publicatio ... iew=Binary.
i) As per Page 7:
Tier 2 Long Term staff has a new Threshold of £40,600 from the current £40,000. Is this applicable when I go for ILR application and considering I am already in extension as a work Permit holder?
ii) As per Page 13:
Please note that those who entered Tier 2 under the rules in place from 6 April 2011 are subject to the £20,300 salary threshold for Tier 2 (General) or the related £24,300 or £40,600 thresholds for Tier 2 (Intra-Company Transfer). Therefore they will need to be earning at least the relevant
threshold amount when they make their next application, even if the appropriate salary rate stated in the relevant table is lower.
Only those who entered Tier 2 (or the work permit arrangements) before 6 April 2011 may be paid below these thresholds, when they apply to extend their stay, change employment, or settle in the UK. However, in most of these cases, the “experienced worker” rate will apply; the “new entrant” rate will only be relevant to those applicants who have been in Tier 2 and/or the work permit arrangements for less than 3 years and 1 month in total when they make their next application.
So does this mean in my case I have to definitely show new salary even if I was on work permit extension before April 2011?
iii) As per Page 15 of the SOC code 2135 experienced worked salary should be £29,800.
I am not able to understand which salary we should consider. As per SOC code regulation I am earning more than required but as per Long term staff the salary threshold is less than the new rate.
iv) If we need a salary hike I don't think any company will be able to make a immediate hike effective from 6th April 2013. Perhaps they will take transitional time to provide the hike or salary slips to employees. Any idea if such situations will be considered by UKBA? Not sure how transitional activities are planned.
Any advise will be really appreciated.
