ILR, Shortage occupation list and change of job?

[mashayekh_hosein]

Dear all

I have a question regarding ILR and shortage occupation list which might be the question of some others as well.

I am currently on a Tier-2 visa and I would like to change my job to another employer. My current job is on the shortage occupation list. However, my future job will not be. However they are both under the same SOC code, though with different employers.

According to Appendix I of the immigration rules, point d(iii)(1) for ILR, "where a Tier 2 (General) Migrant applying for settlement is recorded (at the time of application for settlement) by the Certificate of Sponsorship Checking Service as being sponsored to do a job that appears on the Shortage Occupation List in Appendix K, or has appeared on that list during any time the applicant was being sponsored to do that job and during the continuous period of 5 years referred to in paragraph (c) above", then sub paragraph (d)(ii) does not apply (which is regarding minimum payment of above £35,000 for ILR).

https://www.gov.uk/government/uploads/s ... ndix_I.pdf

Now this is a bit confusing.

Does this mean that if the applicant, during his 5-year continues period, has ever worked on a Tier-2 visa under shortage occupation list for any job/employer then this minimum payment will not be applied anymore, or does it only mean that if the job that you are doing at the time of applying for your ILR has once been on shortage occupation list but is now removed, then it doesn't apply. I mean does this exception apply to your application if you have ever worked in a job on a shortage occupation list in that 5 years for any of the companies sponsoring your visas, or does it only apply to your last job with your last employer when you are applying for ILR.

In my personal case for example, if my first tier-2 visa was approved for a job under shortage occupation list but my second tier-2 visa with a new company (which I eventually will apply for my ILR through) is not under shortage occupation list, can I still use this clause?

Sorry for repeating myself, just wanted to make sure you understand my question. Thanks in advance.

[physicskate]

I am currently on a Tier-2 visa and I would like to change my job to another employer. My current job is on the shortage occupation list. However, my future job will not be. However they are both under the same SOC code, though with different employers.

According to Appendix I of the immigration rules, point d(iii)(1) for ILR, "where a Tier 2 (General) Migrant applying for settlement is recorded (at the time of application for settlement) by the Certificate of Sponsorship Checking Service as being sponsored to do a job that appears on the Shortage Occupation List in Appendix K, or has appeared on that list during any time the applicant was being sponsored to do that job and during the continuous period of 5 years referred to in paragraph (c) above", then sub paragraph (d)(ii) does not apply (which is regarding minimum payment of above £35,000 for ILR).

https://www.gov.uk/government/uploads/s ... ndix_I.pdf

In my personal case for example, if my first tier-2 visa was approved for a job under shortage occupation list but my second tier-2 visa with a new company (which I eventually will apply for my ILR through) is not under shortage occupation list, can I still use this clause?

Sorry for repeating myself, just wanted to make sure you understand my question. Thanks in advance.

It's talking about the job you do when you apply for ILR. Has it been on the shortage occupation list at any time you have done it - if yes, then the minimum salary requirement of 35K after April 2016 doesn't apply. It applies to your currently sponsored job only. Read it very carefully...

[Frontier Mole]

The idea behind the paragraph is best explained thus:

At somepoint your were employed under shortage occupation rules, thus avoiding RLMT and in somecases the lower end salary requirement of Tier 2.
The shortage occupation list is amended and reviewed periodically as you know.
Where a shortage occupation is no longer deemed a shortage occupation then as not to disadvantage those recruited under those rules the ILR £35,000 salary minimum is exempted.
The minimum salary requirement is that of the experienced SOC level only.

So stepping out of a shortage occupation role just prior to ILR would require you meet the £35,000 criteria, once the newv rule comes into play.