[ILR for Tier-2] salary threshold and working hours

[namcuibap]

Hello everyone,

I'm going to apply for ILR this Nov after 5 years of holding Tier-2.
I understand there is a minimum requirement of salary (£36,200 if apply after April 2020). But I'm wondering what number of working hours this threshold applies to. Is it standard 37.5 hours or regardless of working hours?
My current contract is 40 hours/week.

Advice is welcome.

Thanks,
NH

[CR001]

It is based on 39 hours per week.

What is your SOC??

[namcuibap]

Thanks for prompt reply.
My SOC code is 2136.

I can't seem to find the information you said in their document..

Thanks,
NH

[CR001]

Clearly stated in the Immigration Rules - Appendix J under the Introduction Tab.

https://www.gov.uk/guidance/immigration ... illed-work

(f) The rates stated are per year and are based on the following weekly hours:
(i) Where the source is the Annual Survey of Hours and Earnings, a 39-hour week;

2136 Programmers and software development professionals Example job tasks
• examines existing software and determines requirements for new/modified systems in the light of business needs;
• undertakes feasibility study to design software solutions;
• writes and codes individual programs according to specifications;
• develops user interfaces;
• tests and corrects software programs;
• writes code for specialist programming for computer games, (for example, artificial intelligence, 3D engine development);
• implements and evaluates the software;
• plans and maintains database structures;
• writes operational documentation and provides subsequent support and training for users.

Related job titles:
• Analyst-programmer
• Database developer
• Games programmer
• Programmer • Software engineer

Salary rates:
New entrant: £25,000
Experienced worker: £32,600

[Source: Annual Survey of Hours and Earnings (ASHE) 2018]

[CR001]

You need to meet the salary that is in the SOC or the £36,200, whichever is higher, based on 39 hours per week.

[namcuibap]

Ok, thanks very much,

NH

[namcuibap]

Hello,

Looks like UKVI has been updated the minimum earning threshold for Tier 2 ILR:
https://www.gov.uk/guidance/immigration ... sed-system

(d) The pay in (c)(ii)(2) or (3) above must:
(i) be basic pay (excluding overtime);
(ii) only include allowances where they are part of the guaranteed salary package and would be paid to a local settled worker in similar circumstances;
(iii) not include other allowances and benefits, such as bonus or incentive pay, employer pension contributions, travel and subsistence (including travel to and from the applicant’s home country);
(iv) not include the value of any shares the applicant has received as an employee-owner in exchange for some of their UK employment rights;
(v) be at least equal to the appropriate rate for the job as stated in the Codes of Practice in Appendix J; and
(vi) be at least:
(1) DELETED
(2) £35,500 if the date of application is on or after 6 April 2018,
(3) £35,800 if the date of application is on or after 6 April 2019,
(4) DELETED
(5) DELETED
(6) DELETED
(7) DELETED
(8) DELETED

So the threshold stays at 35,800. However I still see 36,200 if applying after 6 April 2020 in guidance PDF file..

Not sure which one we should rely on?

Many thanks,
NH

[klownking]

IF your SOC code is 2136 then you are exempt from the minimum Salary Threshold for ILR but you would still have to meet the minimum earning for an experienced worker.

[namcuibap]

OMG that's great news! I haven't checked this shortage list for a while. They just added my SOC.
Many thanks for your support. It made my day!

[CR001]

OMG that's great news! I haven't checked this shortage list for a while. They just added my SOC.
Many thanks for your support. It made my day!

2136 has been on the shortage occupation list since last year already. It is not a 'new' addition.