SW Salary Changes for ILR

[thevladi1]

Hello,

I will be very grateful if you can help me figure out the following situation because it is really bothering me a lot.
I received my first skilled worker visa in March 2023 from company A. However, towards the end of the year, the company began to have financial problems, which ended with another company (Company B) buying Company A, which sponsored me. The second company did not have a sponsor license at the time and had not started the Tupe process, but immediately applied for a sponsor license.
Around the same time, I found another job with more favorable conditions, changed employer, and received a new skilled worker visa for 5 years.
However, today I started checking the data from HMRC and discovered that for two months, October and November, I received a salary from company B, although I continued to work for company A. However, the HMRC account shows that my last working day at the company A was 30 September.
Now I am very worried that when I apply for ILR, these months may be considered illegal work, which will entail serious consequences.
At this point, Company A has been liquidated, and the latest entry in Companies House is that Company B lent Company A money.
I contacted Company B and explained the situation to them. I was told there was nothing to worry about because the Home Office rarely checks a full 5 year employment history unless there is some suspicion. Also, if the Home Office has any questions, it will be possible to explain the situation that company “A” did not have money, so the salary was paid through Payroll of company “B” as part of the transition period.
I have a reference letter that I received from company A on my last day of work. The full period of work is indicated there, even in those two months when my salary was paid from company “B”.
Please advise me how serious is my situation? Do I need to take care of any evidence now?

Thank you!

[lolo2]

You're overthinking, this is not an issue. If it was, it would have been raised when you applied for the new visa.

Also for ILR you don't need anything from previous employers, whatever happened with the companies is irrelevant.

[thevladi1]

You're overthinking, this is not an issue. If it was, it would have been raised when you applied for the new visa.

Also for ILR you don't need anything from previous employers, whatever happened with the companies is irrelevant.

Thank you very much for your reply. Yes, I know that documents are not required, but I think that UKVI checks employment information in detail when considering an application for ILR. This is what was causing concern because in the HMRC account it looks like I actually left my sponsor company for another company and worked there for two months

[lolo2]

Again, that not an issue for ILR.

You're worrying for a wrong reason.

[thevladi1]

UPD: Yesterday I had a consultation with an immigration lawyer who reviewed my HMRC account in detail.
The current situation in my HMRC account is as follows:
Company A: end date: 30 September (the company that sponsored me).
Company B: start date: 01 October (the company that did not sponsor me and where I was not transferred).
Thus, the lawyer confirmed that I have serious problems that will most likely affect of future ILR. He was helpful in some way, saying only that the only option available was to contact company B and receive written confirmation from them that they paid wages for company A, but my contract with company A continued to be valid.
Thus, for now, due to HR's error, I have lost my right to ILR.

[alterhase58]

Did the lawyer provide any basis for the advice he gave you?
I'm not an expert on this niche scenario, but having used lawyers for non-immigration purposes (and paid them handsomely for it) I always received reference to the basis of their opinions or recommendations (law, general guidance, common practice, etc).
You are certainly not comfortable with the general comments here.

[thevladi1]

Did the lawyer provide any basis for the advice he gave you?
I'm not an expert on this niche scenario, but having used lawyers for non-immigration purposes (and paid them handsomely for it) I always received reference to the basis of their opinions or recommendations (law, general guidance, common practice, etc).
You are certainly not comfortable with the general comments here.

Hi alterhase58, I'm comfortable with comments here, and extremely grateful to you and others for your time.
The meeting with the lawyer was scheduled before I wrote this post. This is a lawyer whose services are paid by the company.
He explained to me in detail why my situation was very bad, and also pointed to the section caseworker guidance for ILR 5-year route, which contains information that the caseworker can, if necessary, check for problems with Tax and criminal records.
Typically, taxes are checked by analyzing employment history during the qualifying period and it contains not only information about taxes, but also about the employer. And this is a big problem, because according to HMRC, I actually worked for another company for two months and received a salary from them, at the same time that my employment with the sponsor ended.
It will be extremely difficult to prove that I was simply added to another company’s payroll as a temporary measure, because even P-45 contains this information.
For a case worker, it will look like I left the sponsored company, worked for another company for two months, and then got a new visa with a new sponsor.
At the same time, my boss does not agree with this and says that the blame lies entirely with HR from the previous company and in this situation the truth is on my side. I'm at a crossroads and don't know what to do or who to believe, unfortunately.

[zxyzhgp]

As you mentioned, this is HR's error. You are using PAYE and only those companies can update your info.

Usually the problem people have with HMRC for ILR is the tax

[thevladi1]

As you mentioned, this is HR's error. You are using PAYE and only those companies can update your info.

Usually the problem people have with HMRC for ILR is the tax

Thanks for your reply. This is partly my fault, because I did not pay attention to which company was paying my salary (I could see this in a banking app, for example).
I will try to obtain an official letter from HR of Company B stating that my contract with Company A was valid for the entire duration of my employment.
The situation is complicated by the fact that company A has been liquidated and it is impossible to obtain any documents from them

[thevladi1]

Hello Zimba,

Thank you for the detailed explanation.

Suppose my employer decides to raise my salary to the minimum threshold of £41900, as required for SOC 2124 - how many months of Payslips showing this new salary will be required to be furnished at the time of ILR application?

Please advise.

You always need just the last salary slip with the appropriate salary, however beware that raising an employee's salary to meet the requirements for ILR could lead to your sponsor being investigated or even their licence being suspended. This has historically been frowned upon by the UKVI

Hi Zimba,

Can you advise what is the best thing to do if at the moment my salary is not enough to get ILR (I received my visa before the immigration rules changed). My employer agrees to increase my salary, but how much more adequate will it look if my salary increases annually for 3 years?

Thank you!

[zimba]

DO NOT tag your question on other topics !
Any salary increase to enable an employee just to become eligible for ILR may be viewed as problematic

[thevladi1]

Hello,

I’m hoping this community can help me find an answer to a question that’s been really confusing me.

Here’s the situation: I have a Skilled Worker visa under code 2137, which was approved in July 2023 for one year. In December 2023, I changed employer and got a new visa valid for five years with the same occupation code (2137). Both times, my code was on the Shortage Occupation List, which allowed me to be paid a lower salary threshold.

After 4 April 2024, my code changed because the Home Office started using SOC 2020 instead of SOC 2010, and now code 2139 seems more appropriate (same duties, just more detailed).

Following the changes, I based my salary expectations on £31,600 as the lower salary rate for my code (2139) according to SOC 2020. But now, with the new rules announced yesterday, it seems everything has changed again. With a salary of £32,000, am I now ineligible? According to the document, my new salary should be around £40,000 — or have I misunderstood something?

Thank you very much for your help, I really appreciate it!

[zimba]

Which new rules changes you are talking about ?? Please specifically post them here instead of making claims. Where does it say that the new salary thresholds have changed for ILR ???

[thevladi1]

Which new rules changes you are talking about ?? Please specifically post them here instead of making claims. Where does it say that the new salary thresholds have changed for ILR ???

Sorry if I expressed myself incorrectly. In the previous post.
I mean the rules that are written in HC 997 Immigration Rules Changes, where, in particular, there are tables with changed salaries. As far as I know, in order to qualify for ILR, you need to match these values.

[zimba]

The changes for now do not affect the ILR and the lower going rates or the ILR threshold yet

Read: All you need to know about ILR salary requirements under the Skilled Worker route