Tier 2 to ILR- Help please

[kk1612]

Hi,
I am on tier 2 general visa currently and my ILR due date is around March 2018( i guess). I have few question where I need your assistance.

My Details :
First Tier 2 general visa(SOC- 2132, Switched from PSW visa to Tier 2) : valid from - 15-March-2013
valid to - 14-April-2016
First Tier 2 visa salary mentioned in CoS - £26000 per year

Current visa (SOC-2135) valid till March -2019 (because 3 years extension after 2016)

Current salary according to CoS- £36000 for 39 hours per week

1) How home office calculate salary, is it for 37.5 hours per week or 39 or 40 hours week?
if they calculate for 37.5 hours
i.e; (£36000*37.5)/39= £34615.38 which is bit less than £35k requirement.
Actually, my first tier 2 visa in 2012 was refused based on the similar calculation I have done here.

2) When does my ILR qualifying period start?
My first tier 2 general visa stamped on 15-March-2013, but in HMRC records my employment start date is from 01-May-2016 which is 45 days after visa stamped and my employer will only issue letter showing 01-May-2013 as my employment start date.
Now when does my clock starts for 5 years count is it from 15-March-2013 or 01-May-2103

3) My first CoS issued was for £26K but in my first year of employment my P60 and Pay slips are showing only £23833 which is correct according to my employment start date (01-May-2013) , is that OK not paying full £26K for that year.

[kk1612]

Hi,
I am on tier 2 general visa currently and my ILR due date is around March 2018( i guess). I have few question where I need your assistance.

My Details :
First Tier 2 general visa(SOC- 2132, Switched from PSW visa to Tier 2) : valid from - 15-March-2013
valid to - 14-April-2016
First Tier 2 visa salary mentioned in CoS - £26000 per year

Current visa (SOC-2135) valid till March -2019 (because 3 years extension after 2016)

Current salary according to CoS- £36000 for 39 hours per week

1) How home office calculate salary, is it for 37.5 hours per week or 39 or 40 hours week?
if they calculate for 37.5 hours
i.e; (£36000*37.5)/39= £34615.38 which is bit less than £35k requirement.
Actually, my first tier 2 visa in 2012 was refused based on the similar calculation I have done here.

2) When does my ILR qualifying period start?
My first tier 2 general visa stamped on 15-March-2013, but in HMRC records my employment start date is from 01-May-2016 which is 45 days after visa stamped and my employer will only issue letter showing 01-May-2013 as my employment start date.
Now when does my clock starts for 5 years count is it from 15-March-2013 or 01-May-2103

3) My first CoS issued was for £26K but in my first year of employment my P60 and Pay slips are showing only £23833 which is correct according to my employment start date (01-May-2013) , is that OK not paying full £26K for that year.

Sorry, in question 2 there is typo. My employment start date according to hmrc record is from 01-May-2013 ( not 2016).

[MAZHAR]

Hi,

After reading your post, I feel my situation is not different than yours.

However, I don't have any issues with minimum salary.

Anyway, did you get any positive reply on your query? I have BRP issued in UK in Feb 2012 while I was on student visa but Job was undertaken only in July 2012. So wondering when does my qualifying 5 years period completes? on Feb 2017 or July 2017.

Aprreciate if you share your experience and findings with me.

Kind regards,

Mazhar