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ILR Query - please help

Posted: Fri Mar 18, 2011 9:31 pm
by Ksenia
Hi All,

I have couple of questions regarding ILR. My case as follows:

13/03/05 - came to UK with a 12 months WP
22/02/06 - left uk as my visa has expired
17/03/06 - my employer got new 5 years WP
12/05/06 - visa stamped
03/06/06 - arrived to the UK

My questions are:
1. When is the earliest i can apply for ILR: 14/04/11 or 6/05/11?

2.With regards to the new income criteria: my salary is slightly more than the amount shown on my WP, but well below the minimum stated in the code of practises. Does this mean that i am no longer eligible for ILR?

Any advise will be greatly appreciated,

Posted: Fri Mar 18, 2011 11:39 pm
by geriatrix
1. Under current rules, you may apply for settlement no earlier than 28 days before 5th anniversary of your entry in the UK as a WP migrant (03-Jun-11).

2.
Amendments to applications for indefinite leave to remain wrote:As with Tier 2 (General) Migrants, Work Permit Holders applying for indefinite leave to remain will need to provide confirmation that they continue to earn at least the UK appropriate rate for the job they are doing.

Posted: Sat Mar 19, 2011 11:38 am
by Ksenia
Thank you Sushdmehta!
Amendments to applications for indefinite leave to remain wrote:
As with Tier 2 (General) Migrants, Work Permit Holders applying for indefinite leave to remain will need to provide confirmation that they continue to earn at least the UK appropriate rate for the job they are doing.
I am a little confused with definition of "appropriate rate", is it the amount stated in code of practises, the amount shown on WP or some sort of confirmation letter from employer? I've asked 2 different lawyers for clarification and got 2 different answers, so i feel slightly lost now..

Posted: Sat Mar 19, 2011 11:49 am
by geriatrix
“(iv) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors published by the UK Border agency,
Point 10 of the document linked above.

Posted: Sat Mar 19, 2011 12:47 pm
by waijei2
sushdmehta wrote:
“(iv) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors published by the UK Border agency,
Point 10 of the document linked above.

Hi,
I'm also a bit confused regarding this appropriate rate.. I also spoke to solicitor and he said WP holder is ok for ILR as I was granted what i got paid for at the time.
If the least salary has gone up after Tier 2 published, compared to the salary at what WP holder got paid at the time, They are not eligible for ILR?