Tier2 licence suspended when applied for ILR

[shivasaikrishnamurga]

Hello everyone,
please suggest ...I Have applied for ILR on Premium service, they have hold my document for further checks,
after nearly 1 month we had UKVI office inspection at our company had interviewed my HR and Manager for few hours questions:
why salary been incresed 31k gbp to 35000gbp?
ans: HR replayed that is what threshold according to immigration guidelines.

later we received letter saying licences been suspended got 20 day to reply query.if not licence will be revoked.
As UKBA Officer argues in salary been increased due to immigration rules only this position is an artificially created so prove it the position is a natural.
But job is a very Genuine sincerely working from 2012.under Tier 2 General.

''My question is how can we justify the counter reply this position is naturally created..... Please suggest.''

[CR001]

When did you get the salary increase?

When did you apply at premium centre for ILR?

How many tier 2 employees does the company sponsor?

Are you the only one who got an increase of this size?

It appears the salary was only increased for the purpose of ILR. An instant red flag to HO and they are investigating these cases now.

[shivasaikrishnamurga]

When did you get the salary increase?

april 2017

When did you apply at premium centre for ILR?

june 2017

How many tier 2 employees does the company sponsor?

1

Are you the only one who got an increase of this size?

yes

It appears the salary was only increased for the purpose of ILR. An instant red flag to HO and they are investigating these cases now.

yes thats the problem, but my job role is in shortage occupation list where i got 32100 before in September 2015
and after now i got pay increase to this figure.
please help how can i justify my situation with HO?

[CR001]

What you got in September 2015 is irrelevant if you are now with another sponsor.

For the purpose of ILR, only you current salary is relevant.

Did you ask for the increase due to your upcoming ILR application?

If no one else got really good increases at the same time, you have unfortunately flagged yourself up to HO and a full investigation.

What is your SOC??

[shivasaikrishnamurga]

What you got in September 2015 is irrelevant if you are now with another sponsor.
Im still with same sponsor.

For the purpose of ILR, only you current salary is relevant.

Did you ask for the increase due to your upcoming ILR application?
No exctly

If no one else got really good increases at the same time, you have unfortunately flagged yourself up to HO and a full investigation.

What is your SOC??
2126

[shivasaikrishnamurga]

I was flaged up now is ther any way that
We can get ILR what is justification we have to
Give ?

[CR001]

How could your salary have gone down since 2015. You state you earned £32,100 in 2015 but in April this year your salary was increased from £31,000 to £35000??

Unfortunately for you, HR appears to have clearly stated to HO officers that your salary was only increased for immigration rules (for ILR), but your SOC experience rate is only £31,600. So they have admitted that you got an increase to exactly the leve required for ILR and you are the only one in the company that got an increase. This means they the increase MUST have been reported on the SMS system as it does not appear it is a standard 'annual salary review'.

[shivasaikrishnamurga]

How could your salary have gone down since 2015. You state you earned £32,100 in 2015 but in April this year your salary was increased from £31,000 to £35000??

No sorry my mistake i use to get 31K and they have increased in april to 35k. my salary was grown by 4k,

Unfortunately for you, HR appears to have clearly stated to HO officers that your salary was only increased for immigration rules (for ILR), but your SOC experience rate is only £31,600. So they have admitted that you got an increase to exactly the leve required for ILR and you are the only one in the company that got an increase. This means they the increase MUST have been reported on the SMS system as it does not appear it is a standard 'annual salary review'.

yes we have update in SMS straight away in april about salary raise is only because of annual review.
but accoding to my job role 3 engneers work but all of us work is complty different but every one will be get pay raise upon there task submitted.
which was my dead line in march i have submitted and asked for pay rise, Mangement board desided to pay me 35k i was happy why because as my SOC

2126 Falls under Shortage occupation list max pay is 31,600

my question 1
As for Immigration Rules 38.56 people who are working under shortage occupation list under appendex K are excempt from 35K threshold anyway but i dont understand why HO is pointing me for 35K earing ?

question 2
as a mistake our HR told to HO they have incresed salary as per immigration guidline only ? how can he justi fy his answer plz give me some experts idea to deal this issue.

[makky86]

question 2
as a mistake our HR told to HO they have incresed salary as per immigration guidline only ? how can he justi fy his answer plz give me some experts idea to deal this issue.

I don't think so now your employer can easily justify since you're the only one who is on T2. Plus they have clearly told them they increased pay sake of ILR. These days Home office are cracking down on employers and coming tough on evereyone.

May be employer should hire solicitor and see if this can be sorted. But IMHO its looking tough !

Out of interest: If you SOC code (2126) is on shortage list why your employer increased pay and clearly told HO that it was because of ILR? Shortage list jobs are not subject to £35K !

[jatala005]

hello mate.

sorry to read that you are in the same situation where I was few months ago. please check the following thread, you may find something similar to your situation.

indefinite-leave-to-remain/ilr-on-hold- ... 26868.html

thanks