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ILR on Tier 2 General basis (Salary Issues)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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fdalam
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ILR on Tier 2 General basis (Salary Issues)

Post by fdalam » Sun Oct 04, 2015 7:46 pm

I am applying for ILR on Tier 2 basis in this October. My current salary is £29900 based on 37.5 hours/week, and my sponsorship letter was based on that time salary requirement of £27,500 on 37.5 hours/week. But in accordance with Code of Practice, the salary requirement for ILR on my Tier 2 visa is £30,000 based on 39 hours/week. If I am able to use my equivalent salary on the basis of 39 hour/week, then my current salary becomes £31,096, which is greater than the requirement.

Could someone please advise whether I'll be able to use the equivalent salary in my application?

Thank in advance for responses.

Regards,
fdalam

mt_dilber
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Re: ILR on Tier 2 General basis (Salary Issues)

Post by mt_dilber » Mon Oct 05, 2015 6:28 pm

As long as you are earning same or higher than what lead to your last tier2 extention, you will be fine. Your pay is, what your payslips and employer letter says, not what you calculate. You can ask your employer to state your pay on the basis of 39 hours/week if those are your contract hours.

safatafa
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Re: ILR on Tier 2 General basis (Salary Issues)

Post by safatafa » Tue Oct 06, 2015 6:41 am

hi there

you can prorate your salary if for 39 hrs ur salary is above 30k u should be fine.

i did prorate my salary and was successful in my application for ilr.

basically i was at 26041 and my soc required it to be 27200

i worked 37.5 hrs and the salary based on soc was for 40 hrs. which when prorated down made it 25800.

in theory you should be fine unless threshold changes.

fdalam
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Re: ILR on Tier 2 General basis (Salary Issues)

Post by fdalam » Tue Oct 06, 2015 2:06 pm

Thank you for your responses, much appreciated.

fdalam
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Re: ILR on Tier 2 General basis (Salary Issues)

Post by fdalam » Tue Oct 06, 2015 2:18 pm

Dear Safatafa,

Thank you for your response, Could you please inform how your employer wrote your letter?

If the letter mentioned that you salary was based on £26,041 on the basis of 37.5 hours/week? Then I believe my one will also be OK, which mentioned that my salary is £29,900 on the basis of 37.5 hours/week, which makes it more than £30,000 if I prorate it on the basis of 39 hours/week in accordance with the current Code of Practice.

Kind Regards,
fdalam

safatafa
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Re: ILR on Tier 2 General basis (Salary Issues)

Post by safatafa » Wed Oct 07, 2015 3:43 pm

Yes the letter said it is 26041 for 37.5 but I just added that it meets the appropriate salary when prorated

fdalam
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Re: ILR on Tier 2 General basis (Salary Issues)

Post by fdalam » Wed Oct 07, 2015 8:37 pm

Thank you, Safatafa.

Regards,
fdalam.

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