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ILR Refused Due to Salary Threshold

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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prsrivastava1990
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ILR Refused Due to Salary Threshold

Post by prsrivastava1990 » Thu Sep 19, 2019 3:57 pm

Dear Board Members,

I am looking for an advise here, I have recently applied for my ILR from T2 (General) route. Home office has refused my ILR on the basis that my salary does not meet the threshold level i.e. £35,800. As per my SOC code my salary is £35k and I had no clue that the level should be £35.8k, I couldn’t find this level to be met on the Document checklist.

My current Visa is expiring on 11th October and I have very limited time now.

Now I need an advice here, my employer is happy to increase the salary for this month as I am the top performer in the company and they do not want to lose me. My employer is happy to give a letter justifying salary increase but I need to know what are the chances that I will get an approval from HO this time on a new ILR application ? I can provide all relevant documents such as new salary slip, bank statement, employer letter confirming new salary and cover letter from employer for salary hike justification but I am not sure if I will need to attach any other documents from employer and whether HO will consider my application as a genuine?

Please help me with your feedback and guide the best way possible.

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CR001
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Re: ILR Refused Due to Salary Threshold

Post by CR001 » Thu Sep 19, 2019 4:07 pm

The requirement is £35,800pa or what is stated in your soc, whichever is higher and is based on 39 hours per week and this is clearly stated in the set o guidance and in the immigration rules and the ilr salary threshold has been in place for a number of years now.

If you have a salary slip and bank statement at the required level, then there is no reason you should be refused.
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prsrivastava1990
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Re: ILR Refused Due to Salary Threshold

Post by prsrivastava1990 » Thu Sep 19, 2019 4:11 pm

Many thanks for your quick response,

I have salary slip and bank statement for this month as my new salary will be from this month onwards and I will be submitting my ILR application again by 1st week October.

Do you see this to be a problem ?

secret.simon
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Re: ILR Refused Due to Salary Threshold

Post by secret.simon » Thu Sep 19, 2019 5:38 pm

The Home Office is generally not a huge fan of salaries being increased artifically just before applications are due, to meet salary thresholds.

That could trigger an investigation of not only your case, but also all the other Tier 2 roles that your employer fills (essentially their Tier 2 licence will be investigated and potentially revoked).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

prsrivastava1990
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Re: ILR Refused Due to Salary Threshold

Post by prsrivastava1990 » Thu Sep 19, 2019 5:55 pm

Thanks for your response, I understand that the salary is being increased but it was anyway due because i had no salary increase in last 2 year and Company still want me to be in the job as if I failed to get the ILR then I will have to go back to India and my employer doesn’t want this to happen because I am quite valuable asset for their company.

Can you please suggest what I should do and how to convince Home Office that this is a genuine but not artificial etc ?

prsrivastava1990
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Joined: Thu Sep 19, 2019 3:47 pm
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Re: ILR Refused Due to Salary Threshold

Post by prsrivastava1990 » Thu Sep 19, 2019 7:40 pm

secret.simon wrote:
Thu Sep 19, 2019 5:38 pm
The Home Office is generally not a huge fan of salaries being increased artifically just before applications are due, to meet salary thresholds.

That could trigger an investigation of not only your case, but also all the other Tier 2 roles that your employer fills (essentially their Tier 2 licence will be investigated and potentially revoked).
Thanks for your response, I understand that the salary is being increased but it was anyway due because i had no salary increase in last 2 year and Company still want me to be in the job as if I failed to get the ILR then I will have to go back to India and my employer doesn’t want this to happen because I am quite valuable asset for their company.

Can you please suggest what I should do and how to convince Home Office that this is a genuine but not artificial etc ?

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