Tier 2 to ILR salary requirements

[kam11]

Hi All,

My Tier 2 visa will expire on 2 January 2020. I will be eligible to apply for 5 year route on 2 January 2019. I have just read about sudden hike in salary and my question is do I need to ask my employer to increase my salary now or is it ok to leave till the end. I am getting £27500 and I have regular quarterly bonus around £3k every quarter. All this makes my total annual income almost £40k and I am getting that for 2 years.

Does the bonus count when applying for ILR or is it safer to ask employer to increase my salary and take the money out of bonus? I am not sure if my employer will agree to that so I am a bit worried.

Please let me know the best options or in a worth case scenario I would need to wait until September 2019 to go under 10 year route but i want to get ILR ASAP so this would be the last option.

Thanks in advance for all your help!
Kamal

[CR001]

The income requirement is your salary. Any sudden increase will flag up to HO immediately. You need a big increase to reach the required amount too.

Not sure if your bonus is guaranteed or not or whether this would be accepted.

Do you have dependents in the UK with you??

[kam11]

How do I find out if bonus is guaranteed or not? I am getting the bonus for 2 years now and it was always increasing. The bonus is agreed as I am getting the percent from the amount I am saving for the company.

I do have 2 dependants my wife and 5 year old son.

[CR001]

Is the bonus expressly stipulated in your contract and CoS since you started working with your sponsor and specifically as a 'guaranteed bonus'?

If you apply for ILR based on long residence, your dependents won't qualify and will have to switch to FLR(M) spouse/child visas and wait a further 5 years (2 x 2.5 year visas) before applying for ILR, unless they reach 10 years residence themselves.

[kam11]

No my bonus is not stipulated in my contract as well as COS. So what do I need to do is to change my salary now and wait?

[CR001]

You should change it sooner rather than later.

What is your SOC and the salary stipulated in there?

[kam11]

SOC 2010 £27500. On UKBA website they say that you need to show 1 month payslip. My salary will show more then £37500 anyway because of my bonus so there will be no way for them to check?

[CR001]

Immigration rules Part 6a - 245HF(d) states :

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 his 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) £35,000 if the date of application is on or after 6 April 2016,
(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) £36,200 if the date of application is on or after 6 April 2020,
(5) £36,900 if the date of application is on or after 6 April 2021,
(6) £37,900 if the date of application is on or after 6 April 2022,

[CR001]

I can't find SOC 2010. What is your job title? Is it a PhD level job??

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

Table 7 - Transition from SOC 2000 to SOC 2010 for applicants continuing to work in the same occupation

[kam11]

Financial Account Manager

[CR001]

You should check to make sure exactly what SOC code you are on. Possible there was a change as I cannot see specific details for 2010.

[kam11]

3538 Financial accounts managers

[CR001]

My quote from the rules still apply then, bonus excluded unless guarantee as part of salary package and this would have to have been stated in your CoS.

[kam11]

Ok thanks for the explanation CR001.

[SupermanJD]

Does your payslip show bonus separately? It does for some.

Also, if its not contractual and guaranteed, I don't think it will be counted as it is not guaranteed source of income.

[cyclina1]

My quote from the rules still apply then, bonus excluded unless guarantee as part of salary package and this would have to have been stated in your CoS.

Can you ask for promotion and earn >35500+ basic salary thus fit the salary requirement? CR001 is correct and bonus is not guarantee income thus will be excluded. If your role changed and not in the same CoS category job you will need new CoS as well.

Good Luck.

[logeevaghela]

What is the current requirement? As we need to show one month payslip only, would it be necessary to have your salary increased one month before you apply for ILR or is that advice able to have minimum of £35K for a while.

[CR001]

What is the current requirement? As we need to show one month payslip only, would it be necessary to have your salary increased one month before you apply for ILR or is that advice able to have minimum of £35K for a while.

Useful to start your own topic with your details and curcumstance instead of tagging onto other members threads.