ILR Application-Checklist, Shortage Occupation and Salary Requirements

[LowKeyMe]

Hello Everyone,

Could someone please give me some clarity on my situation.

I was employed in September 2012 on as a graduate trainee on an Energy graduate scheme, Job tittle - Trainee Engineer.
My Tier 2 extension was approved in October 2015 and the SOC Code on the Certificate of Sponsorship is 2122 Mechanical Engineer, with a job title -Assistant Risk Specialist. I didnt need to meet any resident labour test as this was an extension.

I'm currently eligible for ILR and plan to apply at the end of this month however my salary is below £35,000.

The SOC Code 2122 Mechanical Engineer listed on the shortage occupation in the following manner 'Only the following job in this occupation code: mechanical engineer in the oil and gas industry'.

My job as an Assistant Risk Specialist is in the oil and gas industry on natural gas terminals and oil platforms.

I have been given a letter from my employer that says the following:

I can confirm that XXXX is currently permanently employed by XXXXX in the full time position of Assistant Risk Specialist within the Oil and Gas business area, SOC Code 2122 Mechanical Engineers, under the company job grade 2A Assistant Specialist Oil and Gas LR_PG000021.
X gross annual salary including allowances and guaranteed bonuses is GBP XXXXX based on a 35 hour work week which is currently above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors. X job currently appears on the Shortage Occupation List in Immigration Rules Appendix K

Does this suffice as evidence and will my application be okay?

Also I have gathered the following to submit with my application:

• Application Form
  1 BRP plus copy
  3 Passports plus copies
  4 Payslips plus copies
  4 Banks statements plus copies
  1 Absence Letter plus copy
  1 Confirmation of Employment (stating I will be needed for the foreseeable future) letter plus copy
  2 Photographs
  1 Tenancy Agreement
  All previous Tier 2 correspondences (I lost my BRP at a point and had to get a replacement)
  Details of my most recent Certificate of Sponsorship from the UKVI, provided by my employer

Do I need any more documentation?

Thank you all for your help.

[CR001]

If you do not meet the £35k salary requirement, your ILR is likely to fail.

[LowKeyMe]

Thank you for your reply however Immigration rules currently state:

(f) Sub-paragraph (d)(vi) (which refers to the £35,000 salary requirement) does not apply if the Certificate of Sponsorship which led to the applicant’s most recent grant of leave was for a job which:
(i) appears on the list of PhD-level occupation codes as stated in the codes of practice in Appendix J,
(ii) appears on the Shortage Occupation List in Appendix K.

[CR001]

You should be fine then.

A member did post a refusal recently due to the salary threshold not being met even though they were on PhD level and shortage occ.

[LowKeyMe]

You should be fine then.

A member did post a refusal recently due to the salary threshold not being met even though they were on PhD level and shortage occ.

Could you please refer me to this post/member- I'd like to know their specific circumstances. Thank you

[Djsuccess]

PhD level occupations and jobs on shortage occupation list are exempt from the £35000 minimum salary requirements. Any application rejected based on salary for any one in those two categories can and should easily be reversed during admin review.

[CR001]

PhD level occupations and jobs on shortage occupation list are exempt from the £35000 minimum salary requirements. Any application rejected based on salary for any one in those two categories can and should easily be reversed during admin review.

Which is what the user I am referring to was going to do, I just cannot find the post but will look again after I finish work.

[LowKeyMe]

PhD level occupations and jobs on shortage occupation list are exempt from the £35000 minimum salary requirements. Any application rejected based on salary for any one in those two categories can and should easily be reversed during admin review.

Thank you Djsuccess. In your opinion a job title itself shouldn't really matter as long as the SOC code and job role/description itself fulfil the requirements listed under that particular shortage occupation- i.e. in my case Risk Specialist?

[Djsuccess]

PhD level occupations and jobs on shortage occupation list are exempt from the £35000 minimum salary requirements. Any application rejected based on salary for any one in those two categories can and should easily be reversed during admin review.

Thank you Djsuccess. In your opinion a job title itself shouldn't really matter as long as the SOC code and job role/description itself fulfil the requirements listed under that particular shortage occupation- i.e. in my case Risk Specialist?

Shortage occupations are very specific. I don't think job title and SOC codes only are enough. you said mechanical engineer in oil and gas industry is on the shortage list. So it is possible for some one to have the same SOC code and still not be on shortage list. In your case, you should be fine. if you're in oil & gas industry and you are a mechanical engineer with job description matching mechanical engineering job even if your job title is not "mechanical engineer".

[makky86]

You should be fine then.

A member did post a refusal recently due to the salary threshold not being met even though they were on PhD level and shortage occ.

Could you please refer me to this post/member- I'd like to know their specific circumstances. Thank you

The refusal CR001 mentioned was because employer increased the salary just before ILR. Even it was not required. When HO asked them the reason they said its because of ILR. They made a mistake and suffered.

Since your SOC code is excepted you don't have to worry at all !

For the reference post: indefinite-leave-to-remain/tier2-licenc ... 38535.html

[gratefulhart]

This is the refusal CR001 was referring to.
indefinite-leave-to-remain/ilr-refused- ... n#p1450562

In my own opinion, I think there is a risk of the OP getting rejection.

For his/her first application and extension, was his/her job classified as under Shortage Occupation List? If yes, then he/she should be fine. If not, then the ILR might be rejected.

[CR001]

This is the refusal CR001 was referring to.
indefinite-leave-to-remain/ilr-refused- ... n#p1450562

In my own opinion, I think there is a risk of the OP getting rejection.

For his/her first application and extension, was his/her job classified as under Shortage Occupation List? If yes, then he/she should be fine. If not, then the ILR might be rejected.

Thanks, yes that is the one although I thought there was a more recent topic.

[LowKeyMe]

Thank you all for your various opinions.

The case you refer to above is different from mine; I shall post the outcome of my application.

[LowKeyMe]

PhD level occupations and jobs on shortage occupation list are exempt from the £35000 minimum salary requirements. Any application rejected based on salary for any one in those two categories can and should easily be reversed during admin review.

Thank you Djsuccess. In your opinion a job title itself shouldn't really matter as long as the SOC code and job role/description itself fulfil the requirements listed under that particular shortage occupation- i.e. in my case Risk Specialist?

Shortage occupations are very specific. I don't think job title and SOC codes only are enough. you said mechanical engineer in oil and gas industry is on the shortage list. So it is possible for some one to have the same SOC code and still not be on shortage list. In your case, you should be fine. if you're in oil & gas industry and you are a mechanical engineer with job description matching mechanical engineering job even if your job title is not "mechanical engineer".

Your opinions on this were spot on, Djsuccess and Makky86.
Got my ILR with no issues. Thank you

[Djsuccess]

Congratulations