ILR salary requirements - Mat leave and Tier 2

[Morganeleah]

Hello,

I am on a T2 visa and have been for 4 years. I was looking at applying for ILR next year once I hit the 5 year mark. However I have recently had a baby and have been on maternity leave for 6 months and I was looking at returning to work on a part time basis. I have looked at the Gov website regarding the requirements for applying for ILR on a T2 visa and there is a salary requirement you need to meet under my specific code. If I was working full time I would be able to meet this requirement.

My question is - does my maternity leave pay and returning to work part time impact my ability to meet this requirement as my salary will be "part time" of the total amount needed? If so would I need to "make up" the extra time off by being sponsored for a long amount of time to hit the 5 year mark for ILR salary requirement?

Thank you!

[zimba]

The Tier 2 route does not exist anymore as it has been replaced by the skilled worker route. There is no requirement to work full-time under the skilled worker route. If you return to work on a part-time basis with a new salary, then your salary will have to be pro-rated to see if you meet the going rate threshold.

Let's say as per your SOC, the min salary is £33k for 39 hours of work per week (full time). You now return to work on a part-time basis working let's say 20 hours per week. You need to pro-rate the SOC min salary threshold for 20 hours per week like this: £33,000 ÷ 39 x 20 = £16,923.

This is the minimum salary you must be paid for working 20 hours a week under that SOC to meet the going rate for that position. To qualify for ILR, you need to meet both the going rate requirement as well as a general threshold requirement.

See: indefinite-leave-to-remain/ilr-minimum- ... l#p2027869

[Morganeleah]

Thanks for your reply. I have seen on the Gov website below..Financial requirements
You usually need to be paid at least a minimum salary if you hold a T2 or Skilled Worker visa. How much you must be paid depends on your visa.

T2 or Skilled Worker visa
You’ll usually need to be paid at least whichever is the highest out of the following:

£25,600 per year
£10.10 per hour
the ‘going rate’ for the type of work you’ll be doing
Example
Your salary is £27,000 per year, but the annual going rate for the job you’ll be doing is £30,000. You do not meet the usual salary requirements for this visa.

So if like you say I was to work 20 hrs and make £16k that would be under the going rate for the job so therefore I wouldn't meet the requirements?

Thanks

[zimba]

As I explained you MUST pro-rate the going rate for the reduced hours to see if you meet the going rate threshold.

You need to meet TWO requirements: the going rate as well as the general threshold requirement. The answer in the link I posted above clarifies this very clearly. In a nutshell, your new salary can be above the pro-rated going rate BUT you still can fail the general threshold requirement under the skilled worker rules. I updated my answer above as I did not make this very clear.

It is needless to say that the general threshold under the skilled worker is between £20,480 and £25,600, depending on your circumstances. So as long as you get paid more than £25,600, then you are good.

[Morganeleah]

Hello,

Thank you so much for that. It makes sense now. Sorry if you had to repeat yourself visa's can be confusing!

Thank you again and take care.

Morgan