ILR (WP) in August Please help if possible

[guyintheuk]

I'm a work permit holder issued 05/09/2006 and entered the country 11/09/2006.
I'm a software engineer and my salary was 24000 pounds and at the moment my salary is 25000 pounds a year.
Reading the code of practice, the minimum salary requirement for my job is 30100 pounds a year.

Im 5100 pounds less than the minimum requirements. My ILR due in august which means after one month and a half.
My company will not increase my salary to 30100

My question is:

Do I have to submit to the ILR with my current salary ?
If not …

Then, do you think if it happens and my company increased my salary to 30100 is it ok if I go to home office with one payment slip states that my salary is above requirements and other payment slips going to be less as they ask for last 3 payment slips ?

And in case my company did not increase my salary.. What should I do ? Any suggestions please….

Thanks …

[geriatrix]

If you can get the employer to increase your salary (at least) to the required minimum appropriate rate and issue a letter as required, and if you have at least 1 payslip to confirm that you are being paid at the rate in line with COP, then you should be okay.

If your employer doesn't agree to increase your salary for any reason, then your settlement application may be refused and you may also not be able to switch to Tier 2 to extend your stay in the UK as a sponsored employee.

[guyintheuk]

thanks alot for your reply.
will check with my company and inform you regarding the latest.

[genious]

If your employer doesn't agree to increase your salary for any reason, then your settlement application may be refused and you may also not be able to switch to Tier 2 to extend your stay in the UK as a sponsored employee.

if due to some reasons, his ILR refused then why he can't switch to tier 2?

[ksab]

It's because to apply for Tier 2 visa also you need to satisfy the new salary code specifications.

[geriatrix]

If you can get the employer to increase your salary (at least) to the required minimum appropriate rate and issue a letter as required, and if you have at least 1 payslip to confirm that you are being paid at the rate in line with COP, then you should be okay.

A correction:

As per the latest policy guidance regarding ILR in closed categories issued on 28-Jun-11, there is no requirement for an applicant to submit payslip(s) reflecting payments at an appropriate rate. A letter from employer certifying that the applicant "is being" paid at the appropriate rate in line with the COP satisfies the requirement. The application cannot be refused for the reason that the applicants has not submitted any payslip(s) confirming payment at appropriate rate (page 91).

[guyintheuk]

Hi Shushdmehta ... thanks alot for your help
I have spoken tomy employer and he has agreed to increase my salary to the minimum rate.. so now I will have 1 payement slip at minimum rate and two less t han minimum rate.. so what do you recommend ? I have entered the country 11/09/2006. so I'm planning to submit ILR by mid of august.

[tanvirni]

Hi Shushdmehta ... thanks alot for your help
I have spoken tomy employer and he has agreed to increase my salary to the minimum rate.. so now I will have 1 payement slip at minimum rate and two less t han minimum rate.. so what do you recommend ? I have entered the country 11/09/2006. so I'm planning to submit ILR by mid of august.

Can you please update us when you get the result in August. So many of us in the same boat. All the very best of luck.

Tanvir

[guyintheuk]

still waiting from you guys to advise me .. please

[harpreetkalsi]

Hi All

not sure if any of you guys have seen this link below. Its concessions given by home office for the closed categories updated on 28th june 2011.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

may be it can save few who are struggling between COP and ILR.

Hope this helps.

Good luck

Harpreet