Tier 2 general ILR Application Salary Requirements

[matikhan]

Hi, Can someone please help me with the below. I'm a bit confused about whether i should submit my application or wait until next month.

My current salary is £35,800 which is meeting the requirement of job code 3545, I've checked my salary slips of last 5 months and I have been receiving gross salary of £2983.33 and if you multiply this by 12 then i reach to £35,799.96‬, just missing 4 pence here.

Not sure if I am calculating correctly but I have spoken to my employer and they will issue me a letter confirming that my current salary is £35,800 so just wanted to check with you if that is fine or you think this 4 pence can be an issue.

as per my understanding i don't need to prove that i have been receiving £35,800 for last 12 months, all i need is £35,800 at the time of submitting my application. Also the fraction of number is .03333 which gets to 1 pence after every 3 months so that's why i am missing 4 pence in whole year.

can you please confirm if this will be fine or you think i should ask my employer to increase this 1 pence in next month's salary and we shall wait until i have a salary slip with £2983.34 and then submit the application?

[zimba]

The threshold for job code 3545 is £34,800 which is based on a 39 hour week. If you are working 40 hours a week, you need to adjust your salary for 39 hours per week and then compare. Aslo Tier 2 has min salary of £35,800 if you apply before 6 April 2020. This will increase to £36,200 from 6 April 2020 !

[matikhan]

@zimba
Thank you for your reply, my current salary is £35,800 which my employer has confirmed on a letterhead but on the salary slips I'm receiving by month are showing a salary of £2983.33 per month (if you divide £35,800 by 12 then that's what you come up to) but if you multiply my monthly gross salary £2983.33 by 12 then it comes up to £35,799.96 because of a number fraction of the 3rd decimal. So my solicitor has informed me about this and tols me that it's my call to go ahead with this because he thinks this could be a problem. So i just want to get an opinion from someone who's been in this kind of situation to see if difference of 4 pence can be a reason for refusal or this can be ignored by the case worked?

[CR001]

There have been members in the past who have had refusals for being pence (40p and 60p are ones I recall) under the limit for ILR based on Tier 2.

[matikhan]

Hi CR001, thank you for your reply on this. as you mentioned 40p and 60p that make sense because that is more than 12p which makes it to 1p per month where in my case it's just a number fraction at the 3rd decimal place which makes to 1p after every 3 months. My employer letter says my current salary is £35,800 also if you go to salary calculator and put £35,800 it gives you the same amount as on my salary slip £2983.33 and up to 2 decimal places so not sure how this can a problem.

[zimba]

You do NOT need to submit payslips for a year. If employer confirms your salary, then you need only your last payslip.

[matikhan]

Zimba, thank you for your reply. does that last month's salary slip need to be according to new (ILR) salary?

[CR001]

Zimba, thank you for your reply. does that last month's salary slip need to be according to new (ILR) salary?

Yes!! And the corresponding bank statement to show the salary credit.

[matikhan]

Hi both, thank you for your help on this matter, please see below my solicitor's reply and I'll wait until the end of this month then will submit my application before 06/04/2020.

"I write to confirm my advice. In short, there is technically a 4pence shortfall in your actual income as at the date of application. Whilst one would normally expect such matters to be overlooked as de minimis, I have seen an application refused for the sake of a 20pence shortfall, hence my advice not to proceed until the position is corrected.

I will assist you with the application in the hope that there is a modicum of common sense applied to the consideration of your application"