Tier 2 to ILR Salary Requirement

[Vaneet116]

Hello,

I would like to apply for Tier 2 to ILR. My Overtime is around £300 a month and making my monthly salary around £3000. My contracted hours are 37.5 and overtime is around 7 hours.

Can I apply for ILR?

Thanks

[CR001]

What is your guaranteed basic annual salary??

Is overtime guaranteed and stated as guaranteed in your contract??

For ILR you must earn £35,500pa and only certain allowances will be considered.

[Vaneet116]

Thanks for coming back to me.

I am getting OT from last 3 months and will be getting this till the time I will be doing OT and I think will be for another 6 to 8 months.

Do I need a letter from my employer which will state that my overtime will be guranteed ? or Can I get this added in the same letter which the employer will be giving when we apply for ILR.

Thanks.

[Vaneet116]

And my annual salary without OT is around 31200

[CR001]

If it was not part of your contract of employment and stated in the CoS etc, then I understand you cannot count it.

What is your SOC??

[Vaneet116]

2129

it was not stated in my COS, but they are ready to give me in my new contract.

[CR001]

You are not even earning what your SOC states.

Salary rates:
New entrant: £25,500
Experienced worker: £31,700

For ILR, you need £35,500pa or what your SOC states as experience rate, whichever is HIGHER.

Page 25 and 26 of the guidance notes states very clearly what HO will consider.

https://assets.publishing.service.gov.u ... 1_2018.pdf

We will consider:
• guaranteed gross basic pay (excluding overtime); and
• allowances which are guaranteed to be paid for the duration of your employment in the UK and would be paid to a settled worker in similar circumstances.

We will not consider:
• one-off payments, such as those linked to the cost of relocation, which do not form part
of your regular salary package;
• payments which cannot be guaranteed, such as bonuses or incentive related pay;
• overtime payments, whether or not overtime is guaranteed;
• payments to cover business expenses, including (but not limited to) training;
international travel, hotels and business travel within the UK;
• any payments for which you will need to reimburse the sponsor or a linked overseas
business;
• employer pension contributions;
• medical benefits;
• payment of any tuition fees; or
• the value of any shares which you have obtained in exchange for some of your UK
employment rights as an employer-owner.

Is your SOC 2129 non shortage occupation or a shortage occupation on the last CoS?

[Vaneet116]

Thank you co much for your advise, atleaset I will able to plan ahead.

My job is not in shortage Occupation list.

[CR001]

Based on what you have posted, it appears your employer is reluctant to increase your salary but offered you overtime instead.

You should also be aware that any sudden large increase shortly before applying for ILR will also be a huge red flag to HO.

[Vaneet116]

Thank you basically Accordign to 2129 SOC the salary which is stated is for 39 hours and my contracted hours are 37. So the salary is about the experienced level.

I know that will be a risk if you will get suddly a pay rise, but thats why I will be attaching 3-4 months of Pay slips even after getting the permanent contract of those additional hours which I am doing as OT.

[CR001]

You cannot use OT to 'boost' your pay to the required level as the link I provided clearly states.

The £35,500pa must be your salary only.

https://assets.publishing.service.gov.u ... 1_2018.pdf

We will consider:
• guaranteed gross basic pay (excluding overtime); and
• allowances which are guaranteed to be paid for the duration of your employment in the UK and would be paid to a settled worker in similar circumstances.

We will not consider:
• one-off payments, such as those linked to the cost of relocation, which do not form part
of your regular salary package;
• payments which cannot be guaranteed, such as bonuses or incentive related pay;
• overtime payments, whether or not overtime is guaranteed;
• payments to cover business expenses, including (but not limited to) training;
international travel, hotels and business travel within the UK;
• any payments for which you will need to reimburse the sponsor or a linked overseas
business;
• employer pension contributions;
• medical benefits;
• payment of any tuition fees; or
• the value of any shares which you have obtained in exchange for some of your UK
employment rights as an employer-owner.

Is your SOC 2129 non shortage occupation or a shortage occupation on the last CoS?