TIER 2 to ILR (Does Salary Requirement include 2nd job)

[cvs12]

I am currently on Tier 2 Gen visa (from Aug 2012) and hoping to get ILR after 5 years, I understand salary requirement to be eligible for ILR is 35500 from April 2017, from the UKBA website I also understand that we can work a second job on the same sector or different (with second COS) for 20hrs/week without effecting the main job. My primary job pays me 30000 yearly. My main doubts are:

1) Can I work two jobs at one time with 2 COSs with different employers
2) Can I show an aggregate of my 2 job earnings towards for my ILR application (Ex: Primary employer - 30k & Secondary employer - 7K with total of 37K).
3) If i can do two jobs, should I have to run my payroll for the second job, with my first(primary) employer.

Thanks in Advance.

[cvs12]

Can anyone please advice me ASAP. I am currently on Tier 2 Gen visa (from Aug 2012) and hoping to get ILR after 5 years, I understand salary requirement to be eligible for ILR is 35500 from April 2017, from the UKBA website I also understand that we can work a second job on the same sector or different (with second COS) for 20hrs/week without effecting the main job. My primary job pays me 30000 yearly. My main doubts are:

1) Can I work two jobs at one time with 2 COSs with different employers
2) Can I show an aggregate of my 2 job earnings towards for my ILR application (Ex: Primary employer - 30k & Secondary employer - 7K with total of 37K).
3) If i can do two jobs, should I have to run my payroll for the second job, with my first(primary) employer.

Thanks in Advance.

[talk2ram.28]

1) Can I work two jobs at one time with 2 COSs with different employers
No. Only one COS asisgned at a time.

2) Can I show an aggregate of my 2 job earnings towards for my ILR application (Ex: Primary employer - 30k & Secondary employer - 7K with total of 37K).

No. Secondary job is not considered for ILR application.

3) If i can do two jobs, should I have to run my payroll for the second job, with my first(primary) employer.
In case you work additional 20 hrs, the payroll must be run by the respective employer and you will have 2 different payslips each month.(but you can't use this for your ILR!)

One thing you need to note is that 35k salary is required just before you make the application. This means only your last pay slip that you are using for ILR must show 35k/12. So your salary might still increase when you apply for ILR. if it doesn't you still have one more year(as tier 2 is 6 years) to try for a salary raise.

[cvs12]

1) Can I work two jobs at one time with 2 COSs with different employers
No. Only one COS asisgned at a time.

2) Can I show an aggregate of my 2 job earnings towards for my ILR application (Ex: Primary employer - 30k & Secondary employer - 7K with total of 37K).

No. Secondary job is not considered for ILR application.

3) If i can do two jobs, should I have to run my payroll for the second job, with my first(primary) employer.
In case you work additional 20 hrs, the payroll must be run by the respective employer and you will have 2 different payslips each month.(but you can't use this for your ILR!)

One thing you need to note is that 35k salary is required just before you make the application. This means only your last pay slip that you are using for ILR must show 35k/12. So your salary might still increase when you apply for ILR. if it doesn't you still have one more year(as tier 2 is 6 years) to try for a salary raise.

Hi 'talktoram.28', thank you very much for the reply.

[guaravd]

1) Can I work two jobs at one time with 2 COSs with different employers
No. Only one COS asisgned at a time.

2) Can I show an aggregate of my 2 job earnings towards for my ILR application (Ex: Primary employer - 30k & Secondary employer - 7K with total of 37K).

No. Secondary job is not considered for ILR application.

3) If i can do two jobs, should I have to run my payroll for the second job, with my first(primary) employer.
In case you work additional 20 hrs, the payroll must be run by the respective employer and you will have 2 different payslips each month.(but you can't use this for your ILR!)

One thing you need to note is that 35k salary is required just before you make the application. This means only your last pay slip that you are using for ILR must show 35k/12. So your salary might still increase when you apply for ILR. if it doesn't you still have one more year(as tier 2 is 6 years) to try for a salary raise.

Hi Talk2ram.28

Sorry I am not trying to hijack this topic but can you confirm if the above rules are applicable for Tier 1 applicant as well ? I have a similar situation where I've 2 jobs but only difference is I am on Tier-1 general who'll be applying for ILR and claiming points for income from 2 jobs. Thanks

[talk2ram.28]

Hi Talk2ram.28

Sorry I am not trying to hijack this topic but can you confirm if the above rules are applicable for Tier 1 applicant as well ? I have a similar situation where I've 2 jobs but only difference is I am on Tier-1 general who'll be applying for ILR and claiming points for income from 2 jobs. Thanks

This rule does not apply to Tier 1. Under Tier 1 you can work how many ever jobs you want. However UKBA is now making checks for all of previous 5 years when applying for ILR. So it is very wise to pay the taxes correctly and document all the information just to make sure they never doubt your case. The reason is that Tier 1 general and Tier 1 entrepreneur routes have been abused badly and hence UKBA is becoming more strict regarding verification.

[guaravd]

Hi Talk2ram.28

Sorry I am not trying to hijack this topic but can you confirm if the above rules are applicable for Tier 1 applicant as well ? I have a similar situation where I've 2 jobs but only difference is I am on Tier-1 general who'll be applying for ILR and claiming points for income from 2 jobs. Thanks

This rule does not apply to Tier 1. Under Tier 1 you can work how many ever jobs you want. However UKBA is now making checks for all of previous 5 years when applying for ILR. So it is very wise to pay the taxes correctly and document all the information just to make sure they never doubt your case. The reason is that Tier 1 general and Tier 1 entrepreneur routes have been abused badly and hence UKBA is becoming more strict regarding verification.

Thanks Talk2Ram

[cvs12]

Hi Talk2ram,

If you don't mind, I have another question regarding TIER2 employer change. It will be really appreciate if you can help me out here.

My situation:- My new Employer is ready to apply for COS this month (after 6th Oct 2015), I will be able to make my application by the end of next week or at the latest I will apply by 12th Oct 2015. My real concern is, my current Visa with my current Sponsor is ending on 26th Oct 2015 (I presume that my COS also ends on the same day) and I am sure that my new visa application will take more than 3weeks and I might receive my VISA by first week of November 2015.

1) What will be my situation after 26th October, can I still work and my current Visa sponsor can run my Pay roll until I get my new VISA and start date Or it is illegal for me to work after 26 Oct?

2) Or my New Sponsor can change the contract date & COS date to 27th Oct after I receive my VISA in Nov first week?

3) Should I take holiday from my work until I get my new VISA with my New Sponsor?

[talk2ram.28]

My situation:- My new Employer is ready to apply for COS this month (after 6th Oct 2015), I will be able to make my application by the end of next week or at the latest I will apply by 12th Oct 2015. My real concern is, my current Visa with my current Sponsor is ending on 26th Oct 2015 (I presume that my COS also ends on the same day) and I am sure that my new visa application will take more than 3weeks and I might receive my VISA by first week of November 2015.

1) What will be my situation after 26th October, can I still work and my current Visa sponsor can run my Pay roll until I get my new VISA and start date Or it is illegal for me to work after 26 Oct?
As far as I am aware your sponsor should not run the payroll beyond 26th Oct( as its the cos end date).

2) Or my New Sponsor can change the contract date & COS date to 27th Oct after I receive my VISA in Nov first week?
COS date cannot be changed after you get the visa. It needs to be specified in the tier 2 extension application.

3) Should I take holiday from my work until I get my new VISA with my New Sponsor?
After the 26th Oct you will be waiting for your visa from your second employer and joining as per the COS start date. As the application is made early well before cos end date by Oct 12th I dont think you will have any issues and you are covered legally. Ideal scenario would be you go for same day premium processing on 12th with the COS start date of your new employment as 27th Oct. Any reason why you can't do that?

[talk2ram.28]

Your application for extension can be made up to 28 days after end of your COS date. As you are making application 2 weeks before you don't need to bother about overstaying as technically you are awaiting the result of the application beyond 26th Oct.Hope this is clear to you.

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Page 26

This page tells caseworkers what they must check if an applicant has overstayed when making a decision on applications. This applies to all Tier 2 categories, including extensions, switching and changes of employer.
Before considering any Tier 2 application you must check the applicant is not in breach of immigration laws, except for any period of overstaying which will be disregarded:
 28 days or less
 if the application was submitted before 9 July 2012

[cvs12]

Thanks 'talk2ram' it is helpful.