Immigrationboards.com

Timeline Facts:
1. Granted Tier 2 (General) - Sep 2009 - Sep 2012 - Salary on COS - £ 23000
2. Granted Tier 2 (General) Extension - Sep 2012 to Sep 2014 - under SOC code - 2321 (Phd level job)- Salary on approved COS - £24500.
3. UKBA publishes new SOC codes and introduces "new entrant" and "experienced" salary rate - OCT 2012.
4. So as of today my SOC has changed from 2321 to 2119 (Still falls under PhD level job)
5. Due to apply for ILR in August 2014. Bear in mind, I'm working for the same employer since 2009. So here's the confusion: what am I classified under? This is what the guidebook has to say:
"We will define new entrant employees as:
– graduates switching from Tier 4 into Tier 2 under our post-study provisions;
– graduate recruits where the employer has used a university “milkround” to satisfy the Resident
Labour Market Test;
– those sponsored in the Intra-Company Transfer Graduate Trainee route; and
– anyone aged 25 or under on the date of their initial Tier 2 application (analysis shows that
workers normally reach the 25th percentile by age 26)."
In all cases, applicants will not be classed as new entrant employees if they are applying to
extend their total stay in Tier 2 and/or as a work permit holder beyond 3 years and 1 month (the
maximum grant for initial Tier 2 applications).

In other annex it states:
"Only those who entered Tier 2 (or the work permit arrangements) before 6 April 2011 may be paid
below these thresholds, when they apply to extend their stay, change employment, or settle in the
UK. However, in most of these cases, the “experienced worker” rate will apply; the “new entrant”
rate will only be relevant to those applicants who have been in Tier 2 and/or the work permit
arrangements for less than 3 years and 1 month in total when they make their next application."

The last line is confusing: 3 years and 1 month. Certainly I am not applying to extend my stay under Tier 2, as I will be applying for ILR.

I have been contacting a few lawyers and one sweet woman said : "Nothing to worry as I've been working for the same employer. Experienced salary rate only applies if I had changed my employer after the new rules in place". However some other lawyers had something else to say as in I need to prove I earn 26000£.

Can someone guide me into this situation.
I know I have other post "PhD ILR requirements" but I opted for a new post as I think its a bit different.

Thanks,
Please let me know your opinion. Its very confusing and draining.

For ILR you are subjected to experienced worker rate . The question is if you don't have any other option then you can hire a good solicitor who can argue your case .
Also , your employer needs to write a letter that you are being paid at or above the rate applicable for your SOC code . How are they going to write this if it isn't true ?

hey dk2011,

Thanks a lot.

I do have an update. My employer has agreed to increase my salary starting May 2014, which means I will have at least 3 pay-slips confirming that I'm earning more than the experienced salary wage.

But at the same time my employer says, he cannot keep me on an increased wage for that long. He intends to terminate my contract 1 month after I get my ILR and then renew my contract with the current wage. Now my lawyer said, it would be a breach of immigration rules and my employer would get into serious trouble, should the UKBA decide to audit my company in the future.
Now what if I myself quit the job? Surely my employer wouldn't be in any trouble, as I am quitting voluntarily!! I'm hoping my ILR wont be rescinded.

Let me know if I'm correct on this one.

Thanks once again

Congratulations ! You can leave your employer once you have got ILR . UKBA can enquire with your employer regarding the employer reference letter and you would be fine as long as they confirm what is written on letter is correct.

I don't have much idea but termination of contract soon after your ILR and renewal the same on less wage definitely looks wrong on employer part.