SOC Experienced worker or not for ILR

[Latecarrot]

Hello Folks

I am eligible to apply for ILR at the end of October (five years Tier 2 with the same company). My initial Tier 2 was granted at the end of September 2009, i then renewed it in 2012. I expected it to be renewed for two years, but UKBA gave me a three year extension. I was not worried at the time because i figured i would apply for my ILR as soon as i clocked the required five years.

Fast forward to the end of october and I currently earn 27,134, but according to the SOC codes i have read i need to earn 27,900 as an experienced worker. I have tried to get my company to increase the salary but have had no luck whatsoever. I was told i need to wait till next year before the existing tier 2 expires.

Does anyone know if there is any way to work around this?

The funny thing is that HR have even given me a letter to say i am paid above the appropriate rate and that i am still required for the position..

I am not sure if i would be classified as experienced based on the experienced salary when i applied in 2009.

I am very frustrated as it seems whenever i get nearer to ILR it keeps getting farther away.

I will greatly appreciate any responses.

Thank you

[Frontier Mole]

You are stuck on tier 2 until they uplift your salary to the appropriate rate as you have to submit the employer letter (which is making a false statement! ). and your most recent payslip and bank statement to prove receipt of the salary.
So you can not get round the appropriate rate for the job at this time.
Your employer will know this and so you will be their employee until the end of the sixth year. They can still have you over if they dont increase your salary to meet the appropriate rate for the job.
Perhaps you might want to get another employer as they would have to pay the rate for the job to take you on.

[iworker]

How many hours are u contracted to work? maybe work around getting a letter that u work for say 35 hours a week?

[Latecarrot]

You are stuck on tier 2 until they uplift your salary to the appropriate rate as you have to submit the employer letter (which is making a false statement! ). and your most recent payslip and bank statement to prove receipt of the salary.
So you can not get round the appropriate rate for the job at this time.
Your employer will know this and so you will be their employee until the end of the sixth year. They can still have you over if they dont increase your salary to meet the appropriate rate for the job.
Perhaps you might want to get another employer as they would have to pay the rate for the job to take you on.

Thanks for your response. It is a very frustrating because i am just a couple hundred pounds below the required salary rate. Also, i work overtime regularly and my P60 show annual earnings of over £40,000 but i guess the home office wouldnt take overtime into account?

If i was to get anpther employer, i would have to apply for anopther tier 2, before the ILR right?

[Latecarrot]

How many hours are u contracted to work? maybe work around getting a letter that u work for say 35 hours a week?

Thanks for your response. MY COS says 40 hours but i work more (overtime)

[Frontier Mole]

Your in a poor position I am afraid. Your actual earnings are good but that does not address the issue of the appropriate rate for the job.
HO will look solely at basic rate of pay.

[Latecarrot]

Your in a poor position I am afraid. Your actual earnings are good but that does not address the issue of the appropriate rate for the job.
HO will look solely at basic rate of pay.

thanks. i suspect if i was to wait till next year my soc code for my job would have increased again.

[Frontier Mole]

That is an impossible question to answer unless you can predict the future of the UK economy

Wage inflation and specific demands on individual roles in the SOC structure determine what the MAC committee consider when looking at appropriate rates for the roles.

So if your in a SOC with massive wage inflation due to the economic ressons and it is an in demend role the experienced rate could be much higher than it is today.
Conversely if wage inflation remains as it was reported this month by the bank of England and the SOC area you are in has a down turn the rate for the role could reduce.

If you know the answer to that one please let me know..... And get a job in the stock market, you will make a fortune

[Latecarrot]

haha

The reason i said that is because of the proposals to increase the minimum wage for ILR to £35,000 from 2016.

I just feel like there is a new hoop to jump through everyday..

thanks again for your response.