Tier 2 ILR - Minimum salary requirement in 2018

[andyj1225]

Hello,

Thanks in advance for those who reply to my questions. I have three questions about application of Infinite Leave to Remain.

1. 35K/year minimum seems the required income to apply permanent residency, which was widely reported in media. However, I can't find it anywhere on UK Home Office website. The only statement found under Eligibility section is "you get paid the relevant salary listed in the Codes of Practice". I checked the linked "Codes of Practice for Skilled Workers". The entry/experienced salary varies depending on the NQF levels. However, there is nowhere it states 35k is a threshold or something. There are many jobs listed there under NQF Level 6 requiring salary lower than 35k. Does anyone know where is the official source for this 35k requirement?

2. Provided that 35k is the required minimum, what does it mean? I can think of several scenario to interpret this:

a. my income in recent 12 months before application needs to be that much.
b. I didn't earn that much before, but my employment contract renewed and my salary increased to 35k/year just 2 months before my application for example.
c. In 5 years of your holding work visa, your average yearly income needs to be 35k.

Does anyone know which one above is correct, or none? Last but not least, 35k is before tax, not after, right?

c. If my wife who has dependant visa wanted to apply ILR together with me, I found the statement under Family member eligibility section saying "you have enough income to support yourselves and your dependants". Again, is there concrete numbers for that? My wife doesn't work full time and all the time. How shall we interpret "enough income" here?

Thanks again for your kind help.

Best regards,
Andy

[secret.simon]

What is your and your spouse's current status in the UK?

The 35K requirement is for Tier 2 workers and it will be applicable from April 6th next year. It was announced in 2012. To the best of my knowledge, the Immigration Rules implementing the change have not been published yet. They will likely come out in February to March next year.

2. Provided that 35k is the required minimum, what does it mean? I can think of several scenario to interpret this:

a. my income in recent 12 months before application needs to be that much.

Normally this is how the Home Office gauges that you meets salary requirements.

35k is before tax, not after, right?

That has been the Home Office norm thus far.

c. If my wife who has dependant visa wanted to apply ILR together with me, I found the statement under Family member eligibility section saying "you have enough income to support yourselves and your dependants". Again, is there concrete numbers for that? My wife doesn't work full time and all the time. How shall we interpret "enough income" here?

Rules for dependant visas depend on when she got her initial dependant visa. If she got a Tier 2 dependant visa before 9th July 2012, she likely will qualify for ILR with you. If she got her dependant visa after that date, she would need to complete 5 years on that visa.

[andyj1225]

Thank you very much for your reply, Simon. I got Tier 2 General visa in Nov 2013. So, I will be eligible for application for ILR in Nov 2018. According to the PDF linked in your reply, the threshold of 35K might be reviewed and increase after April 2018.

[geriatrix]

No one can tell you today what the rules may be in 2018!!

That said, do note that the Statement of Intent that refers to £35K as the minimum requirement from 2016 to 2018 also includes the condition "whichever is higher", and the caveat "this threshold of £35K may be revised further from April 2018".

Page 7, right column, paragraph 2 and 3.


Under current rules, it must be shown that you meet the salary requirements (salary at least at the SOC level) on the day of the application - i.e.- just one (most recent) payslip and a corroborating bank statement is good enough to prove that.

Will that remain the same in Nov. 2018? No one can tell you today!!! Not even a clairvoyant.

[ravi_ei]

Hi Sushdmehta,

I think I have read in some UKVI document that for April 2018 onwards minimum salary requirement for ILR is 35500 and from April 2019 onwards it is 35800. For after April 2020 its 36200.

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

look at section 245HF (d)(ii)(2)

[ravi_ei]

Also following was written in the Statement of intent published in 2012

The pay threshold will be held at £35,000 until early
April 2018 but will be subject to review and change
after that time. The threshold from April 2018 will
be announced by April 2013, with subsequent years’
thresholds confirmed on an annual basis thereafter.
This will enable those entering the route to know from
the outset what the pay threshold will be.

Accordingly they have published the thresholds for year 2018,2019 and 2020 in Appendix I

[geriatrix]

Thanks for that, ravi_ei. So the threshold for future years is known.

But the immigration rules (appendix I) still mentions the condition "whichever (between threshold or COP appropriate pay) is higher". So anyone not earning the appropriate rate for their COP code will still not be eligible for settlement unless employed under "Shortage Occupation" or "PhD level".


Is COP appropriate pay rate sacrosanct?? Or can it be changed by UKV&I owing to labour market fluctuations??

[ravi_ei]

Yes you are right SushdMehta.

[ravi_ei]

SushdMehta,

I think the COP rates can change. MAC review is on currently. I think after that they will publish new salary thresholds for COP

[geriatrix]

Well, that too supports what I said earlier - no one can tell anyone today what the rules / requirements may be in the future!!

[ravi_ei]

Having said that minimum requirement for salary thresholds are in place.

[geriatrix]

Which are also not immune to change!

[ravi_ei]

I dont hink they will change the minimum threshold. They can change the minimum salary requirement for each SOC job code ( which may go higher than the defined threshold for the year). Obviously its their country and their rules.

[oj.bulmer]

I dont hink they will change the minimum threshold. They can change the minimum salary requirement for each SOC job code ( which may go higher than the defined threshold for the year). Obviously its their country and their rules.

Well, that too supports what I said earlier - no one can tell anyone today what the rules / requirements may be in the future!!

While people were worried about 35k requirement, now the change salary requirements in SOC job codes have become a cause of anxiety. MAC has been considering increasing the salary of Tier 2 experienced level from 25th percentile to 50th or 75th percentile. To get an idea about the salaries for your SOC code at 50th and 75th percentile, have a look at table 14 from Annual Survey of Hours and Earnings, 2014 here: http://www.ons.gov.uk/ons/publications/ ... A77-337425

50th and 75th percentile salaries for most of the SOC codes are scarily high and this would mean end of the road for existing Tier 2 migrants after 6 years, unless they are able to secure shortage occupation/PhD jobs or jobs of high salary to overcome the requirement of salary threshold for ILR. Let's just hope it doesn't come to that and there is a relief in knowing that most of the respondents to the consultation like Russel Group, Campaign for Science & Engineering, CBI and many other major businesses have responded critically to any more restrictive measures on Tier 2 structure. Hope the sanity prevails!

[mmo]

Hi there, I am in the same boat as you. I am currently earning just over 33k and my tier 2 expires next year August. But I am eligible to apply for ilr in may. But according to the assumption that I need to earn 35 for past 12 months, I am not eligible to apply and will need to wait until August. Hopefully it is not like that.

Best of luck