TIER2 TO ILR REFUSED PLEASE HELP

[wewillgetit]

Hello All,

I had my application for ILR refused(from tier 2 general) today and have been given option to go through the administrative review.

Reson for refusal was
Salary should be £35,500 as of 6th April 2018, My salary was £60 shorter!

exact statement is
(d) the pay in (c)(ii)(2) or (3) above must be:
(vi) at least:

£35500 if application is on or after 6 April 2018

Can you advise please asap?

Thanks

[apsk]

If your job role isnt under shortage list of SOC then you need £35,500 salary to be eligible for ILR from 6th April 2018. So, in this case you may need to convince your employer to increase it to meet this requirement and since it is April you can always have an annual increment (be it minimum 1.5-2%) and then you can re-apply after satisfying this requirement.

[Arj2018]

The minimum earning salary threshold is £35,000 or above. But if your SOC code is falling under "Occupations skilled to Regulated Qualifications Framework (RQF) level 6 and above" then you must show that you are earning the equivalent salary or above.
Example: If your SOC Code is 2123 Electrical engineers then you must show £35,200 per annum not £35,000. This is my understanding.
Here is the link to SOC Codes:
https://www.gov.uk/guidance/immigration ... illed-work

So check your SOC code and ask your employer to increase your salary and then re-apply.

[wewillgetit]

Thank you for the reply.

Do you think it might be worth going through the admin review?
If employer agrees to add the shortage amount can I add this on my admin review document?
Do I need to pay the fee when I reapply again?

Thanks alot.

[CR001]

Thank you for the reply.

Do you think it might be worth going through the admin review?
If employer agrees to add the shortage amount can I add this on my admin review document?
Do I need to pay the fee when I reapply again?

Thanks alot.

You cannot add new documents/evidence for Admin Review. If you did not meet the salary requirement for ILR, the refusal is correct and AR will fail.

What is your SOC and job title??

[CR001]

The minimum earning salary threshold is £35,000 or above. But if your SOC code is falling under "Occupations skilled to Regulated Qualifications Framework (RQF) level 6 and above" then you must show that you are earning the equivalent salary or above.
Example: If your SOC Code is 2123 Electrical engineers then you must show £35,200 per annum not £35,000. This is my understanding.
Here is the link to SOC Codes:
https://www.gov.uk/guidance/immigration ... illed-work

So check your SOC code and ask your employer to increase your salary and then re-apply.

If the SOC is not on the shortage occupation list, you are required to show you earn the rate as stated in the SOC OR £35,500, whichever is HIGHER, so not £32,500 but £35,500 based on your example.

[wewillgetit]

If your job role isnt under shortage list of SOC then you need £35,500 salary to be eligible for ILR from 6th April 2018. So, in this case you may need to convince your employer to increase it to meet this requirement and since it is April you can always have an annual increment (be it minimum 1.5-2%) and then you can re-apply after satisfying this requirement.

Thank you for your reply.

is there any article regarding this?
The point is when you are looking at SOC still shows the previous salary so how they can change the rule with out publishing it in public? that is misleading!

Thanks

[wewillgetit]

The minimum earning salary threshold is £35,000 or above. But if your SOC code is falling under "Occupations skilled to Regulated Qualifications Framework (RQF) level 6 and above" then you must show that you are earning the equivalent salary or above.
Example: If your SOC Code is 2123 Electrical engineers then you must show £35,200 per annum not £35,000. This is my understanding.
Here is the link to SOC Codes:
https://www.gov.uk/guidance/immigration ... illed-work

So check your SOC code and ask your employer to increase your salary and then re-apply.

If the SOC is not on the shortage occupation list, you are required to show you earn the rate as stated in the SOC OR £35,500, whichever is HIGHER, so not £32,500 but £35,500 based on your example.

Thank you
I have already showed that my payment is over 35k it is 60 pound short in 35.5k!
shall I go for admin review?

[CR001]

The minimum earning salary threshold is £35,000 or above. But if your SOC code is falling under "Occupations skilled to Regulated Qualifications Framework (RQF) level 6 and above" then you must show that you are earning the equivalent salary or above.
Example: If your SOC Code is 2123 Electrical engineers then you must show £35,200 per annum not £35,000. This is my understanding.
Here is the link to SOC Codes:
https://www.gov.uk/guidance/immigration ... illed-work

So check your SOC code and ask your employer to increase your salary and then re-apply.

If the SOC is not on the shortage occupation list, you are required to show you earn the rate as stated in the SOC OR £35,500, whichever is HIGHER, so not £32,500 but £35,500 based on your example.

Thank you
I have already showed that my payment is over 35k it is 60 pound short in 35.5k!
shall I go for admin review?

Admin review will fail as the requirement is to prove you earn £35,500pa and not £35,000pa, so HO's refusal was correct.

Your choice if you want to go through admin review but you cannot add new evidence, only the evidence you submitted with your ILR application will be considered.

[wewillgetit]

The minimum earning salary threshold is £35,000 or above. But if your SOC code is falling under "Occupations skilled to Regulated Qualifications Framework (RQF) level 6 and above" then you must show that you are earning the equivalent salary or above.
Example: If your SOC Code is 2123 Electrical engineers then you must show £35,200 per annum not £35,000. This is my understanding.
Here is the link to SOC Codes:
https://www.gov.uk/guidance/immigration ... illed-work

So check your SOC code and ask your employer to increase your salary and then re-apply.

If the SOC is not on the shortage occupation list, you are required to show you earn the rate as stated in the SOC OR £35,500, whichever is HIGHER, so not £32,500 but £35,500 based on your example.

Thank you
I have already showed that my payment is over 35k it is 60 pound short in 35.5k!
shall I go for admin review?

Admin review will fail as the requirement is to prove you earn £35,500pa and not £35,000pa, so HO's refusal was correct.

Your choice if you want to go through admin review but you cannot add new evidence, only the evidence you submitted with your ILR application will be considered.

Thank you for your reply,
My point is on all of the forms still it shows that 35k even on the new ILR(o) form!
So how the end users would find out about this change?!

[marcnath]

Thank you for the reply.

Do you think it might be worth going through the admin review?
If employer agrees to add the shortage amount can I add this on my admin review document?
Do I need to pay the fee when I reapply again?

Thanks alot.

You would almost always go for AR. If nothing else, it gives you more time to prepare your new application without becoming an overstayer.
You cannot add new documents in an AR, so even if the salary change is made, it will not help. I assume you went for premium application - if you had applied before 6th April, 35K would have been fine. You can try arguing
1. Old application forms are accepted for 21 days. You used the old form and followed the instructions in that, so the limit should be 35K
2. That the salary limit on the date of booking the appointment should be considered (in which case you meet the criteria).
3. You can also ask that if that is not acceptable, discretion should be considered since the change in limit was only couple of days old.
They are unlikely to be accepted but worth trying, especially since you used the old form which has the old criteria - you may get through on the 21 day limit.
Yes, you need to pay the fee again when you apply again.

[CR001]

Did you read the policy guidance for 'more information' as the form says??

It was well published when it was announced more than 2 years, in the press not just on HO website.

It is the 'end users' responsibility to keep up to date with the changes and make sure you meet the requirements.

[cyclina1]

one of the most painful case I ever heard here...

if your tier 2 is going to expire soon, AR can buy you time for 3C leave thus you won't be an overstayer.

The HO has fault as they didn't update their form but they will defense thenselves that this is also applicant's responsibility to check clearly all guidance and requirement for applications. the increase of salary threshold were announced years ago and even the threshold for 2019, 2020 has been set. AR is HO internal business so you are likely fail except they use discretion.

If the SOC is not on the shortage occupation list, you are required to show you earn the rate as stated in the SOC OR £35,500, whichever is HIGHER, so not £32,500 but £35,500 based on your example.

Thank you
I have already showed that my payment is over 35k it is 60 pound short in 35.5k!
shall I go for admin review?

Admin review will fail as the requirement is to prove you earn £35,500pa and not £35,000pa, so HO's refusal was correct.

Your choice if you want to go through admin review but you cannot add new evidence, only the evidence you submitted with your ILR application will be considered.

Thank you for your reply,
My point is on all of the forms still it shows that 35k even on the new ILR(o) form!
So how the end users would find out about this change?!

[wewillgetit]

Thank you for the reply.

Do you think it might be worth going through the admin review?
If employer agrees to add the shortage amount can I add this on my admin review document?
Do I need to pay the fee when I reapply again?

Thanks alot.

You would almost always go for AR. If nothing else, it gives you more time to prepare your new application without becoming an overstayer.
You cannot add new documents in an AR, so even if the salary change is made, it will not help. I assume you went for premium application - if you had applied before 6th April, 35K would have been fine. You can try arguing
1. Old application forms are accepted for 21 days. You used the old form and followed the instructions in that, so the limit should be 35K
2. That the salary limit on the date of booking the appointment should be considered (in which case you meet the criteria).
3. You can also ask that if that is not acceptable, discretion should be considered since the change in limit was only couple of days old.
They are unlikely to be accepted but worth trying, especially since you used the old form which has the old criteria - you may get through on the 21 day limit.
Yes, you need to pay the fee again when you apply again.

Thank you for your helpful information.

I have booked my application back in February 2018 and yes I have applied for the premium service, what really annoys me is even on the new updated ILR(O) page 18 (https://assets.publishing.service.gov.u ... -04-18.pdf) still it mentions that minimum salary should be 35k.
this is inconsistency with data and information provided by HO.

[wewillgetit]

Did you read the policy guidance for 'more information' as the form says??

It was well published when it was announced more than 2 years, in the press not just on HO website.

It is the 'end users' responsibility to keep up to date with the changes and make sure you meet the requirements.

Please provide me the hyperlink

Thank you

[CR001]

Which link did you want??

Page 63
https://assets.publishing.service.gov.u ... 18__2_.pdf

[wewillgetit]

Which link did you want??

Page 63
https://assets.publishing.service.gov.u ... 18__2_.pdf

Thank you for the the link, this is the one I was looking for.

[cyclina1]

Which link did you want??

Page 63
https://assets.publishing.service.gov.u ... 18__2_.pdf

Thank you for the the link, this is the one I was looking for.

what a pathetic that the form SET(O) is still using minimum 35000, but not 35500, even they updated on 6th April.

https://www.gov.uk/government/uploads/s ... -04-18.pdf

You should definitely go for AR, as they cannot deny this error. Although they will also protect themselves by asking you read more information from the link CR001 provided. However, this just like asking you to read small print in term and condition.... no one can be sure the outcome, however provided the fact that you are just 60pound short but over 35000 as per the old rule and their updated form is still in error, you may win the discretion. No harm to try.

[wewillgetit]

Which link did you want??

Page 63
https://assets.publishing.service.gov.u ... 18__2_.pdf

Thank you for the the link, this is the one I was looking for.

what a pathetic that the form SET(O) is still using minimum 35000, but not 35500, even they updated on 6th April.

https://www.gov.uk/government/uploads/s ... -04-18.pdf

You should definitely go for AR, as they cannot deny this error. Although they will also protect themselves by asking you read more information from the link CR001 provided. However, this just like asking you to read small print in term and condition.... no one can be sure the outcome, however provided the fact that you are just 60pound short but over 35000 as per the old rule and their updated form is still in error, you may win the discretion. No harm to try.

Thank you for your help and advise.
the other thing I noticed was regarding the appendix J I have also double checked my Code and it states that for experienced worker salary should be 34,700.
I think this might be against GDPR policies too, to publish wrong information and mislead public!

[CR001]

the other thing I noticed was regarding the appendix J I have also double checked my Code and it states that for experienced worker salary should be 34,700.
I think this might be against GDPR policies too, to publish wrong information and mislead public!

Yes, but the immigration rules clearly state that for ILR, you have to be paid EITHER what your SOC says OR E35,500, whichever is HIGHER.

[wewillgetit]

the other thing I noticed was regarding the appendix J I have also double checked my Code and it states that for experienced worker salary should be 34,700.
I think this might be against GDPR policies too, to publish wrong information and mislead public!

Yes, but the immigration rules clearly state that for ILR, you have to be paid EITHER what your SOC says OR E35,500, whichever is HIGHER.

Sure, on the other hand the new application still shows that salary payment should be 35K! (that is on page 18 of the application form - April 18 version!)

[CR001]

the other thing I noticed was regarding the appendix J I have also double checked my Code and it states that for experienced worker salary should be 34,700.
I think this might be against GDPR policies too, to publish wrong information and mislead public!

Yes, but the immigration rules clearly state that for ILR, you have to be paid EITHER what your SOC says OR E35,500, whichever is HIGHER.

Sure, on the other hand the new application still shows that salary payment should be 35K! (that is on page 18 of the application form - April 18 version!)

The immigration rules unfortunately trump the guidance notes and the form.

[Arj2018]

the other thing I noticed was regarding the appendix J I have also double checked my Code and it states that for experienced worker salary should be 34,700.
I think this might be against GDPR policies too, to publish wrong information and mislead public!

Yes, but the immigration rules clearly state that for ILR, you have to be paid EITHER what your SOC says OR E35,500, whichever is HIGHER.

But UKBA website still shows the £35,000 salary and in the latest SET(O) form also showing the same salary requirement.

[CR001]

the other thing I noticed was regarding the appendix J I have also double checked my Code and it states that for experienced worker salary should be 34,700.
I think this might be against GDPR policies too, to publish wrong information and mislead public!

Yes, but the immigration rules clearly state that for ILR, you have to be paid EITHER what your SOC says OR E35,500, whichever is HIGHER.

But UKBA website still shows the £35,000 salary and in the latest SET(O) form also showing the same salary requirement.

Which website would that be??

Form likely just not updated as the same form still shows Tier 1 General which is no longer applicable.

You miss the point that the Immigration Rules override any guidance notes or forms. Caseworkers refer to the immigration rules when deciding applications.

[Arj2018]

the other thing I noticed was regarding the appendix J I have also double checked my Code and it states that for experienced worker salary should be 34,700.
I think this might be against GDPR policies too, to publish wrong information and mislead public!

Yes, but the immigration rules clearly state that for ILR, you have to be paid EITHER what your SOC says OR E35,500, whichever is HIGHER.

Sure, on the other hand the new application still shows that salary payment should be 35K! (that is on page 18 of the application form - April 18 version!)

The immigration rules unfortunately trump the guidance notes and the form.

Hi CR001,
What if my Annual Gross Salary is said:£36500 which includes the guaranteed bonus of £1500. Does home office accept this? Also, the same amount £36500 is showing in the latest p60 as well.
Because the guaranteed bonus was mentioned in CoS and the same can be mentioned in the employee letter as well.