ILR application to new SOC code (released 6th April)

[ricky2809]

Hi all,

I have been on a WP(closed category) since July 2008. I am eligible to apply ILR in June 2013. But now as per the new SOC codes I do not satisfy the minimum salary requirements.

Since the change has been carried out officially since 6th April, its quite late to think about a possible pay increase reflecting on the past few pay slips/bank statements.

My company is trying to provide a pay increase to align with the min. salary requirements. If this is authorised, the least the company can do is provide the new pay on May pay slip which would in turn reflect on my May bank statement. Would this be enough to be eligible for the ILR? And how is the min. salary calculated (the SOC salary specified is for 39hr weeks. Should I convert that to 37.5hr week which is as per my company contract and get a pay rise accordingly)?
I do understand that the employee letter is to reflect SOC code and pay in 39hr and 37.5hr formats.

Can anyone who has applied after the 6th April and have a similar situation as mine share your ILR application experience/preparation?

Please do provide your thoughts on the specific questions. This is very much appreciated.

[Subirajd]

You meet the requirement if your employer meets the minimum salary requirement as per the latest SOC 2010 and this is reflected in your May payslip.

[Kevin24]

Hi all,

I have been on a WP(closed category) since July 2008. I am eligible to apply ILR in June 2013. But now as per the new SOC codes I do not satisfy the minimum salary requirements.

Since the change has been carried out officially since 6th April, its quite late to think about a possible pay increase reflecting on the past few pay slips/bank statements.

My company is trying to provide a pay increase to align with the min. salary requirements. If this is authorised, the least the company can do is provide the new pay on May pay slip which would in turn reflect on my May bank statement. Would this be enough to be eligible for the ILR? And how is the min. salary calculated (the SOC salary specified is for 39hr weeks. Should I convert that to 37.5hr week which is as per my company contract and get a pay rise accordingly)?
I do understand that the employee letter is to reflect SOC code and pay in 39hr and 37.5hr formats.

Can anyone who has applied after the 6th April and have a similar situation as mine share your ILR application experience/preparation?

Please do provide your thoughts on the specific questions. This is very much appreciated.

What about he April Pay Slip for the salary revision? Your Employer's letter should mention about Your SOC Code, New Salary( Equal or above SOC Code salary) and No. of Hours you work.

[ricky2809]

my new SOC code is 2121 civil engineer. A WP holder falls under experienced category and i required £27,900 salary for 39hr week as per the document (Approx £26,840 for 37.5hr week?)
My current salary is £24,420 for 37.5hr week (Approx £25,397 for 39 week).

Hence the difference for a 39weeks salary is £2503. Is there any way to be eligible without meeting new SOC code salary?

Since the SOC codes are to 39week pay (My employer contract pay is for a 37.5hr week) , is the conversion of the salary from 39wk salary to 37.5wk salary alright to be mentioned in the employee letter as in brackets above?
I,m confused about how much payrise should I exactly ask my employer. Would an increase from £24,420 to 26,840 for 37.5hr (or say £26,900 to be safe) week be enough as it effectively is more than the min. require £27,900.?

[ricky2809]

What about he April Pay Slip for the salary revision? Your Employer's letter should mention about Your SOC Code, New Salary( Equal or above SOC Code salary) and No. of Hours you work.

Kevi24,
The April pay slip cannot be changed now as they have not yet decided about the payrise. The Hr is still in discussion and have let me know that I shall be notified about their decision possibly by Tuesday 30th April.
Hence if the payrise is provided, it will be reflected only on the May payslip and bank statement.
Ricky2809

[Kevin24]

What about he April Pay Slip for the salary revision? Your Employer's letter should mention about Your SOC Code, New Salary( Equal or above SOC Code salary) and No. of Hours you work.

Kevi24,
The April pay slip cannot be changed now as they have not yet decided about the payrise. The Hr is still in discussion and have let me know that I shall be notified about their decision possibly by Tuesday 30th April.
Hence if the payrise is provided, it will be reflected only on the May payslip and bank statement.
Ricky2809

that's fine. You can't do much about it until they decide regarding your Salary rise. Trust they will do by May atleast.

[ricky2809]

Kevi24,
The April pay slip cannot be changed now as they have not yet decided about the payrise. The Hr is still in discussion and have let me know that I shall be notified about their decision possibly by Tuesday 30th April.
Hence if the payrise is provided, it will be reflected only on the May payslip and bank statement.
Ricky2809

that's fine. You can't do much about it until they decide regarding your Salary rise. Trust they will do by May atleast.

Kevin24,
Do you know whether the new payrise reflecting on the May payslip and bank statement will be enough to be eligible for ILR as per rules after 6april?

[Kevin24]

Kevi24,
The April pay slip cannot be changed now as they have not yet decided about the payrise. The Hr is still in discussion and have let me know that I shall be notified about their decision possibly by Tuesday 30th April.
Hence if the payrise is provided, it will be reflected only on the May payslip and bank statement.
Ricky2809

that's fine. You can't do much about it until they decide regarding your Salary rise. Trust they will do by May atleast.

Kevin24,
Do you know whether the new payrise reflecting on the May payslip and bank statement will be enough to be eligible for ILR as per rules after 6april?

We will have to wait for some body to comment on this.

[ricky2809]

I am a work permit holder which is a closed category. Is there an immigration law which states a closed category work permit holder applying for ILR with SET(0) can include overtime & calculate min salary required as per SOC code ?. Without overtime, I am below the min. salary requirements.

Pay slips will show overtime but my employer believes the salary excluding the overtime should be the min. requirement to comply with the SOC. I need a statement from UKBA somewhere to produce before my employers hr dept which says..including overtime will be fine.

Do you guys have any ideas?

[tanvirni]

I am a work permit holder which is a closed category. Is there an immigration law which states a closed category work permit holder applying for ILR with SET(0) can include overtime & calculate min salary required as per SOC code ?. Without overtime, I am below the min. salary requirements.

Pay slips will show overtime but my employer believes the salary excluding the overtime should be the min. requirement to comply with the SOC. I need a statement from UKBA somewhere to produce before my employers hr dept which says..including overtime will be fine.

Do you guys have any ideas?

Hi ricky2809,
Firstly I don't want to scare you.
Overtime/bonus can not be count as it is not a guaranteed pay package. Read point 49 and 78 from Tier 2 guidance will give you the idea. Senior can verify this.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[Kevin24]

Kevi24,
The April pay slip cannot be changed now as they have not yet decided about the payrise. The Hr is still in discussion and have let me know that I shall be notified about their decision possibly by Tuesday 30th April.
Hence if the payrise is provided, it will be reflected only on the May payslip and bank statement.
Ricky2809

that's fine. You can't do much about it until they decide regarding your Salary rise. Trust they will do by May atleast.

Kevin24,
Do you know whether the new payrise reflecting on the May payslip and bank statement will be enough to be eligible for ILR as per rules after 6april?

On some occassions CWs have been asking for the last Payslip and Last bank Statement. But this is a chance you will have to take?? I cannot gurantee that all the CWs will do the same. Some ask for the last 3 months salry slips and bank statements.

[ricky2809]

I have recieved a payrise from my employer which is effective since May 20th.
It will reflect in the May bank slip, bank statement and in the employer letter. Should the employer mention the payrise in the employer letter?
I just hope that the UKBA caseworker finds the immediate payrise satisfactory for the ILR application eligibility.

what do you think?

[dk2011]

[quote="ricky2809"]I have recieved a payrise from my employer which is effective since May 20th.
It will reflect in the May bank slip, bank statement and in the employer letter. Should the employer mention the payrise in the employer letter?
I just hope that the UKBA caseworker finds the immediate payrise satisfactory for the ILR application eligibility.

what do you think?[/quote]

I think it should be fine as long as your most recent payslip/bank statement/employer reference letter reflects what is required for ILR. I don't think it is wise to highlight pay rise in employer reference letter. Instead , you can carry increment letter separately just in case CW raise any issue and should be able to explain it.

[Kevin24]

I have recieved a payrise from my employer which is effective since May 20th.
It will reflect in the May bank slip, bank statement and in the employer letter. Should the employer mention the payrise in the employer letter?
I just hope that the UKBA caseworker finds the immediate payrise satisfactory for the ILR application eligibility.

what do you think?

Your Employer Letter should reflect the following important points effective after 06/04
1. Your SOC Code
2. Your Current Salary#
3. Stating Your Current Salary is above the SOC salary
4. You are needed by your Employer for a fore seeable future.

This is how My Employer's letter was worded. You could take your MAy Payslip and Bank Statement (refelecting that salary).CW read the Employer's Letter very carefully and did not say any thing.

[Kevin24]

Get your Employer's letter dated 20th May, your New Salary date.