Am i eligible to apply for ilr?

[gottijay]

Hi
i am about to apply for my application for ILR under the 5 years continuous employment route from Tier 2 General. i am abit worried that my application could get rejected because my salary is not up to the 35k required, but the job is in the Shortage Occupation list(SOC 2135).
it does say somewhere that jobs in the shortage list are exempted from meeting the threshold

Should i be worried?

At the time i applied for my tier 2 general visa the salary required was 33K which is what my application is based on, but it seems to have increased to 34,700 which is worrying becuase i don't understand how my application is going to be judged.

[CR001]

SOC 2135 appears on BOTH the non shortage and the shortage occupation list What did your CoS state??

Only a very specific jobs are shortage on this SOC so you would need to provide more details of your actual job and industry and/or qualifying company.

https://www.gov.uk/guidance/immigration ... ation-list

2135 IT business analysts, architects and systems designers Only the following jobs in this occupation code:

systems engineer in visual effects and 2D/3D computer animation for the film, television or video games sectors

data scientist employed by a qualifying company, where the job requires a person with a minimum of five years’ relevant experience and demonstrable experience of having led a team.

4. In this Appendix “qualifying company” means a company which:

(a) has obtained permission from the Home Office to issue a Certificate of Sponsorship in respect of the relevant job on the basis that the job is included on the Shortage Occupation List and the company:
(i) is licensed as a sponsor for the purposes of Tier 2 of the Points Based System,
(ii) at the time of obtaining such permission, employs between 20 and 250 employees (inclusive), or employs fewer than 20 employees and has provided a letter from the Department for International Trade, confirming that the Department has been working with the company and supports the application in relation to its trade or investment activity,
(iii) is not more than 25% owned by a company which has one or more other establishments in the UK and one of those establishments employs more than 250 employees; and
(iv) has not been established in the UK for the purpose of supplying services exclusively to a single company or company group in the UK; and
(b) will have no more than ten Tier 2 (General) Migrants working for it at any one time in jobs to which the requirement to be employed by a qualified company applies, if all Certificates of Sponsorship in respect of such jobs lead to a grant of leave as a Tier 2 (General) Migrant.

[CR001]

This is the non shortage SOC 2135. If this is the one you are looking at, then you are likely not a shortage occupation.

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

2135 IT business analysts, architects and systems designers Example job tasks
• liaises with internal/external clients in order to analyse business procedure, clarify clients’ requirements and to define the scope of existing software, hardware and network provision;
• undertakes feasibility studies for major IT developments incorporating costs and benefits, and presents proposals to clients;
• communicates the impact of emerging technologies to clients and advises upon the potential introduction of such technology;
• provides advice and assistance in the procurement, provision, delivery, installation, maintenance and use of IT systems and their environments;
• examines existing business models and flows of data and designs functional specifications and test plans for new systems in order to meet clients’ needs;
• researches, analyses, evaluates and monitors network infrastructure and performance;
• works closely with clients to implement new systems.

Related job titles:
• Business analyst (computing)
• Data communications analyst
• Systems analyst
• Systems consultant
• Technical analyst (computing)
• Technical architect

Salary rates:
New entrant: £26,500
Experienced worker: £34,700

[gottijay]

2135 was in shortage occupation at the time my Tier 2 was granted which was in 2016. i am of the understanding that since it was in Shortage Occupation at the time then i would be exempted from the 35,500 threshold as long as the i am paid the appropriate salary in the codes of practice.

have i read it wrong?

[gottijay]

About the qualifying company question - my company is a small company roughly 50 employees. i had over 5 years experience at the time of visa being granted. overall i think my company meets the criteria.

when it say salary rates:
Experienced worker: £34,700

what would be the expected salary i need to earn for 37.5 hr week full-time job??

[gottijay]

My Certificate of Sponsorship(tier 2) states i'm on a 37.5 hour week being paid £33,600 for the 2135 job type and in 2016 was in shortage jobs list

as of today i hit 5 continuous years on tier 2 general, that same job type's salary rates(code of practice) has now increased to £34,700 but no longer in the shortage jobs list. and my salary is still £33,600

my question is,

am i eligible to apply for ilr with that same salary?
there is a remark that says if your job was in shortage jobs you will be exempted from the threshold

[CR001]

Topics Merged (click to read)

[gottijay]

My Cos has Data Scientist on it.
do you think i am eligible now?