Salary Increase Before ILR

[CY2018]

Hi All,

I hope you all have a good day today.

I am currently on Tier 2 (General) and plan to apply for ILR this year. I am very confused about the salary requirement. My salary was over the SOC code experience worker salary requirement when I applied for my Tier 2 General extention 2 years ago. But SOC salary for my code increased last year. And my current salary is higher than 35,500, but lower than the new SOC code required salary for experienced worker.

I do understand the immigration rule state I must earn either what my SOC states OR 35,500, whichever is higher. But does it mean the SOC states now or the SOC stated when I applied for the Tier 2 General extention 2 years ago? Can you please kindly help on this? Anyone have similar experiences?

[cyclina1]

you should ask for salary increase to meet the minimum or your ILR will fail.

[CY2018]

Thank you for your reply. I just spoke to the Immigration helpline and they told me as long as my salary is over the new entrant number and 35.5k then it is ok to apply. I am even more confused now. He also said whether I am a experience worker is decided by my employer, not immigration caseworker. Do you have any opinion on this?

[Smalls16]

Thank you for your reply. I just spoke to the Immigration helpline and they told me as long as my salary is over the new entrant number and 35.5k then it is ok to apply. I am even more confused now. He also said whether I am a experience worker is decided by my employer, not immigration caseworker. Do you have any opinion on this?

what was the helpline number you used?

[Rambo_ILR]

Thank you for your reply. I just spoke to the Immigration helpline and they told me as long as my salary is over the new entrant number and 35.5k then it is ok to apply. I am even more confused now. He also said whether I am a experience worker is decided by my employer, not immigration caseworker. Do you have any opinion on this?

Wrong Information, It clears every SOC has own salary merit. But the minimum salary requirement is £35.5k for ILR from April 2018 (this would increase year by year)

E.G if SOC XXXX minimum salary is £32,000 and your earning is £34k it would fail your ILR (Tier 2 Visa will be approved)
if SOC YYYY minimum salary is £38,000 and your earning is £36k it would still fail your ILR (Tier 2 Visa will also be rejected as its not meeting minimum salary req)

If you have worked for 5 years in same field then your classed as Experienced hire, not new entrant, What is your SOC Code?

[CY2018]

Thank you for your reply. I just spoke to the Immigration helpline and they told me as long as my salary is over the new entrant number and 35.5k then it is ok to apply. I am even more confused now. He also said whether I am a experience worker is decided by my employer, not immigration caseworker. Do you have any opinion on this?

what was the helpline number you used?

03001232241

[CY2018]

Thank you for your reply. I just spoke to the Immigration helpline and they told me as long as my salary is over the new entrant number and 35.5k then it is ok to apply. I am even more confused now. He also said whether I am a experience worker is decided by my employer, not immigration caseworker. Do you have any opinion on this?

Wrong Information, It clears every SOC has own salary merit. But the minimum salary requirement is £35.5k for ILR from April 2018 (this would increase year by year)

E.G if SOC XXXX minimum salary is £32,000 and your earning is £34k it would fail your ILR (Tier 2 Visa will be approved)
if SOC YYYY minimum salary is £38,000 and your earning is £36k it would still fail your ILR (Tier 2 Visa will also be rejected as its not meeting minimum salary req)

If you have worked for 5 years in same field then your classed as Experienced hire, not new entrant, What is your SOC Code?

Thank you for your answer. My code is 1135. My employer has agreed to increase my salary from this month. Do you think 4 months payslip would be ok ?

[Rambo_ILR]

For SOC 1135 minimum salary for ILR is £37800 based on 39 working hours.
You must be earning £37800 or above, else your ILR will be rejected.

[CY2018]

For SOC 1135 minimum salary for ILR is £37800 based on 39 working hours.
You must be earning £37800 or above, else your ILR will be rejected.

Thank you for your answer. My employer had increased my salary.

[CY2018]

Good morning All,

Just a very simple question. My employer had increased my salary to meet ILR requirement. The increase is within 10% and just want to know how many month of payslips do I need to wait until I apply for ILR? So it won't look suspicious.

Also, do you think they will publish the new code of practice this year? My code 1135 experience worker was increased at the end fo 2016 (I think so).

[CY2018]

Hi Guys,

My situation is quite simple. The only concern for me now is salary increase 3 months before my croydon appointment (book for 4th Nov, increase in August, was reported in the SMS system). My salary was increased from 36k to 39k. And the salary for experience worker for my code is 37.8k. Would this be a problem? Any comments and advices is much appreciated.

Cheers,

[Lynz1988]

Hi Guys,

My situation is quite simple. The only concern for me now is salary increase 3 months before my croydon appointment (book for 4th Nov, increase in August, was reported in the SMS system). My salary was increased from 36k to 39k. And the salary for experience worker for my code is 37.8k. Would this be a problem? Any comments and advices is much appreciated.

Cheers,

Do you have any additional "evidence" that you can provide as to WHY you were given the increase - i.e. all employees were increased, work that you have done has lead to the salary increase, etc.? I would say that the more that you can provide to evidence that this wasn't FOR the ILR, the better position you will be in so that it doesn't get deferred. Of course that doesn't mean that it won't but aids in mitigating as much as possible (think "guilty until proven innocent" which is how I went about my application. Thankfully the raise that I was due never came through but I had other issues with my application that had me on edge today at my appointment!!!)

[CY2018]

Thank you for your reply. I had a letter from my employer saying the increase was due to performance review. Would that be enough? Was your application approved?

[Lynz1988]

Good - do you have access to your performance review itself? Might be worth taking that along. Also, if your company ONLY allows for raises during certain times in the year, make sure that is outlined somewhere from your employer. For instance, we have salary reviews every quarter but actual changes to salaries don't take effect for a few months once approved due to sign-offs, etc.(so there might be a review in May/June but increased salaries don't get paid out until July/August - at least in my company). My ILR was approved today however, I never received my salary increase that I was promised by my company 5-6 months ago for work that I did well beyond my actual job which made my application easier!!! (And nor did I remind my company about this knowing that it could cause an issue!! That said, my salary is well, well above the minimum requirements. My problem is that I've just not received proper recognition for my work contributions which I've kept quiet about for the purpose of the ILR)

[CY2018]

Congratulations

I don't have access to performance review. Do you think 3k increase is a lot? It is within 10% increase. But still not sure ...

[Lynz1988]

There are others that are better placed to answer that than myself but from what I read from the deferred applications thread, a lot depends on the caseworker. It does appear that your employer is helping you reach the appropriate salary threshold but the more evidence that you can provide to prove that it isn't the better I would think - again, "guilty until proven innocent" mindset. I'm surprised you don't have a copy of your performance review - everyone at all the companies I've worked for gets a copy - usually have to sign 2 copies and your work should be ok with providing you with this for your ILR if all aboveboard

[CY2018]

Thank you for your reply. I will talk to the company to see if I can get my performance review.