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ILR -Requirements

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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sant
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ILR -Requirements

Post by sant » Tue Sep 24, 2019 11:20 am

I think I will be eligible to apply ILR on December-2019 (5 years under the same sponsor). My SOC code is 2137 (Web design and development professionals). I came to understand that recently my SOC code is added to Shortage Occupation List. Currently, I am getting £ 24,500 per annum. My sponsor is ready increment my salary on next month onwards. Please help me with the below queries.

1) What is the minimum salary requirement of SOC Code -2137 for applying ILR? Can I apply within three months after reaching the minimum salary?

2)What are the other requirements for applying ILR?

3) I got three dependents( wife and two children)and their visa is expiring in December 2020. Is it possible to apply my dependents ILR later before their visa Expiry?


Thanks in advance...

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CR001
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Re: ILR -Requirements

Post by CR001 » Tue Sep 24, 2019 11:25 am

It has been added to the shortage list for CoS issued on or after 6th October.

I am not sure if these changes will apply to ILR as your CoS will be a non shortage one.

You don't even meet the salary requirement for your CoS at the experienced rate.

If non shortage for ILR, you need to show evidence of £35,800pa and yes, such a sudden large increase will be an instant red flag to HO and likely result in a visit to your sponsor.
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sant
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Re: ILR -Requirements

Post by sant » Tue Sep 24, 2019 1:10 pm

Hi,

Thank you very much for the quick response.

Could you please let me know the salary requirement for my CoS at the experienced rate?

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CR001
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Re: ILR -Requirements

Post by CR001 » Tue Sep 24, 2019 1:20 pm

On the current Appenedix J, it is £25,700pa based on 39 hours per week. But for ILR it is substantially more.
2137 Web design and development professionals

Salary rates:
New entrant: £19,500
Experienced worker: £25,700

[Source: Annual Survey of Hours and Earnings (ASHE) 2018]
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sant
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Re: ILR -Requirements

Post by sant » Wed Sep 25, 2019 9:06 am

Thank You very much for your help.

ifahds
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Re: ILR -Requirements

Post by ifahds » Sat Nov 09, 2019 11:38 am

sant, did you issue sorted yet? Are you applying under SOL of 2137?

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Re: ILR -Requirements

Post by ifahds » Thu Nov 28, 2019 12:32 pm

Sant, you are exempt from the minimum salary threshold.

You need to have over £25,700 salary and you need only one-month payslip.

CR001, advice on "Your COS is a non-shortage one" in incorrect. There is no such things in rules.

Leave your dependants visas at it is and get ILR for yourself when you complete 5 years.

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Re: ILR -Requirements

Post by CR001 » Thu Nov 28, 2019 3:54 pm

ifahds wrote:
Thu Nov 28, 2019 12:32 pm
Sant, you are exempt from the minimum salary threshold.

You need to have over £25,700 salary and you need only one-month payslip.

CR001, advice on "Your COS is a non-shortage one" in incorrect. There is no such things in rules.

Leave your dependants visas at it is and get ILR for yourself when you complete 5 years.
I will draw your attention to the Immigration Rules Part 6a - 245HF (d) (iv) and (f), which clearly states the minimum ILR salary is not applicable ONLY if the CoS was issued for a SOL for the most recent grant of leave.

https://www.gov.uk/guidance/immigration ... sed-system
(d) The pay in (c)(ii)(2) or (3) above must:
(i) be basic pay (excluding overtime);
(ii) only include allowances where they are part of the guaranteed salary package and would be paid to a local settled worker in similar circumstances;
(iii) not include other allowances and benefits, such as bonus or incentive pay, employer pension contributions, travel and subsistence (including travel to and from the applicant’s home country);
(iv) not include the value of any shares the applicant has received as an employee-owner in exchange for some of their UK employment rights;
(v) be at least equal to the appropriate rate for the job as stated in the Codes of Practice in Appendix J; and
(vi) be at least:
(1) DELETED
(2) £35,500 if the date of application is on or after 6 April 2018,
(3) £35,800 if the date of application is on or after 6 April 2019,
(4) £36,200 if the date of application is on or after 6 April 2020,
(5) £36,900 if the date of application is on or after 6 April 2021,
(6) £37,900 if the date of application is on or after 6 April 2022,
(7) £38,800 if the date of application is on or after 6 April 2023,
(8) £40,100 if the date of application is on or after 6 April 2024,

subject to (e), (f) and (g) below.

(e) Sub-paragraph (d)(vi) above does not apply if the continuous 5-year period in (b) includes a period of leave as:
(i) a Work Permit Holder, or
(ii) a Tier 2 Migrant, where the Certificate of Sponsorship which led to that grant of leave was assigned to the applicant by their Sponsor before 6 April 2011,

(f) Sub-paragraph (d)(vi) above does not apply if the Certificate of Sponsorship which led to the applicant’s most recent grant of leave was for a job which:
(i) appears on the list of PhD-level occupation codes as stated in the codes of practice in Appendix J,
(ii) appears on the Shortage Occupation List in Appendix K,

(iii) previously appeared on the Shortage Occupation List, as shown by Tables 3 and 4 in Appendix K, at any time when the applicant:
(1) had leave as a Tier 2 (General) Migrant, in which they were sponsored for the applicable job, either with the same or a different employer, during the continuous 6-year period ending on the date of application for indefinite leave to remain, or
(2) was assigned a Certificate of Sponsorship for that job, either with the same or a different employer, which led to a grant of leave as a Tier 2 (General) Migrant during the continuous 6-year period ending on the date of application for indefinite leave to remain.
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Re: ILR -Requirements

Post by Lokez21 » Tue Jan 07, 2020 3:03 pm

Hi guys,

I am in the same situation and needed your expert help.
I've been with an employer for 5.5 years since September 2014 in the field of web development(2137) earning a salary of 31000£p.a.

I was thinking my visa is tied to the old SOC list.
Am I eligible for ILR now. Am I exempt? I am not sure of it 100% though.

Did any one submit and got their ILR approved?

Your help is greatly appreciated.

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Re: ILR -Requirements

Post by Lokez21 » Fri Feb 14, 2020 4:49 pm

As an update, I've applied for ILR anyway. It was bit of a risk. I've been successful. Due to get BRP soon.
It doesn't matter it was old or new COS. The job has to be in Shortage Occupants List in the last 6 years.

There's a reason there are shortage of workers for the job, the gov doesn't want to make it Very Shortage Of Workers, :D sending home already working people and screwing up the organisations. That is not a great idea.

Good luck to the future COS added to SOL, am I eligible for ILR holders.

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Re: ILR -Requirements

Post by Zimba » Fri Feb 14, 2020 4:54 pm

Lokez21 wrote:
Fri Feb 14, 2020 4:49 pm
As an update, I've applied for ILR anyway. It was bit of a risk. I've been successful. Due to get BRP soon.
It doesn't matter it was old or new COS. The job has to be in Shortage Occupants List in the last 6 years.

There's a reason there are shortage of workers for the job, the gov doesn't want to make it Very Shortage Of Workers, :D sending home already working people and screwing up the organisations. That is not a great idea.

Good luck to the future COS added to SOL, am I eligible for ILR holders.
That is correct as per immigration rules. If you were assigned an SOC and anytime during the continuous 6-year period (ending on the date of application for indefinite leave to remain) your SOC ever appeared on the shortage list, then you are exempt from the min salary threshold requirement
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

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