ILR Refusal – 39-hour work week minimum salary requirement

[dave05]

Hello,

My ILR application was refused. My rate of pay was £36,000 which was the appropriate level for my SOC Code but I, including my employer, failed to notice that the rate of pay for my SOC Code was based on the 39-hour work week and not 40-hour work-week. In the actual application, I mentioned that I have a 40-hour work week which was pretty much standard (wrong assumption) and therefore my salary for 39-hour work week will now fall to £35,100, short of £800 annually or £66 monthly for minimum salary threshold of £35,800.

If I take one-hour lunch break into consideration, I would effectively work only 35 hours per week which I am entitled to, making my annual salary for 39-hour work-week at £40,114 which is well above the minimum salary requirement for ILR (£35,800).

HO has pointed out that since I mentioned 40 hours work week, I do not meet the minimum salary requirement and therefore the refusal.

I was thinking of reapplying with a new application with a higher salary and new payslips to compensate for the loss as it was a genuine oversight and my employer understands and is willing to take responsibility for the oversight. It was a genuine error and they are ready to compensate for the shortfall. Will this be acceptable if we explain honestly what happened and where we stand and we are willing to rectify our mistakes with new payslips and then apply?

Or, is it wise to explain that like any employee, I am entitled to lunch breaks and I am working 35-hour work week. Will my application be refused again if I am not working 39-hour work week as mentioned in the guidance? I do not understand that if the 39 hour work week includes lunch break or not. There is some ambiguity and I would need some guidance.

It was silly for me to assume that 40-hour work-week as a standard format.

Any suggestions would be highly appreciated.

Thank you.

[CR001]

I was thinking of reapplying with a new application with a higher salary and new payslips to compensate for the loss as it was a genuine oversight and my employer understands and is willing to take responsibility for the oversight. It was a genuine error and they are ready to compensate for the shortfall. Will this be acceptable if we explain honestly what happened and where we stand and we are willing to rectify our mistakes with new payslips and then apply?

The only way you can do it.

Or, is it wise to explain that like any employee, I am entitled to lunch breaks and I am working 35-hour work week. Will my application be refused again if I am not working 39-hour work week as mentioned in the guidance? I do not understand that if the 39 hour work week includes lunch break or not. There is some ambiguity and I would need some guidance.

Don't waste your time with this. Lunch hours are usually 'unpaid'.

[dave05]

Thank you for your response.

[prsrivastava1990]

I had similar issue recently with my ILR application, my salary was £35,000 based on 37.50 Hours per week and I have mentioned the same in my online application and supported by COS letter as well where working hours was clearly mentioned. If i calculate the same salary on 39 hour per week then my salary would be £36,400.. which is more than the threshold level.

Should I apply for admin review or should I go with the new application with a revised salary after few months ? Please suggest.