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Tier 2 - Set(O) ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Raj1211
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Tier2 to ILR

Post by Raj1211 » Mon May 24, 2021 5:25 pm

Hi,

Thank you to the forum admins and members for helping all in need. It’s really great work.

Can you please answer my queries, I have few questions regarding ILR.

1. Is there any salary criteria for shortage occupation jobs to apply for ILR. The going rate is changed since I applied tier2. But I am still on the same pay. Will it affect the ILR application?

2. For my partner, she took Naric certificate 2 years back, is that still valid for KoL? Is there any expiry for Naric certificates?

Please help.

Thanks.

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zimba
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Re: Tier2 to ILR

Post by zimba » Mon May 24, 2021 5:43 pm

1. If your job has ever appeared on the shortage list during the last 5 years, you do not need to meet the salary threshold requirements
2. Yes it is still valid
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Raj1211
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Re: Tier2 to ILR

Post by Raj1211 » Mon May 24, 2021 6:14 pm

Thank you Zimba for your quick reply.

1. Is it okay even the current salary is less than the going rate 34,700 for my SOC code 2134

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CR001
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Re: Tier2 to ILR

Post by CR001 » Mon May 24, 2021 6:18 pm

You need to be earning the current rate for your SOC.
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Raj1211
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Re: Tier2 to ILR

Post by Raj1211 » Mon May 24, 2021 6:24 pm

Thanks CR001 for reply.

Sorry, I am bit confused :( Zimba said if I do appear in the shortage occupation list then I do not need to meet the requirement.

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Re: Tier2 to ILR

Post by CR001 » Mon May 24, 2021 6:27 pm

There is a different between meeting the ILR salary threshold (for non shortage) to meeting the requirment for your SOC.

As an employer sponsored migrant, it is a mandatory requirment that your salary must be what is stated in your SOC, as a minimum.
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Re: Tier2 to ILR

Post by Raj1211 » Mon May 24, 2021 6:31 pm

thanks again for your reply.

Ok. Those going rates are for 39 hours, is it okay to calculate that to 37.5 hours to meet the requirement or not?

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Re: Tier2 to ILR

Post by CR001 » Mon May 24, 2021 6:36 pm

The soc rates are based on 39 hours
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Re: Tier2 to ILR

Post by Raj1211 » Mon May 24, 2021 6:42 pm

Sorry for not clear in previous question.

My contract is based on 37.5 hours - £33,500. If I calculate that to 39 hours to meet the soc code rate, is that okay or is it only for tier2 applications?

If that’s not okay, can you please tell me other possible options for my dependants, their visa going to expire in this October and mine will be in August next year.

I have salary review this August. :(

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Re: Tier2 to ILR

Post by Raj1211 » Mon May 24, 2021 7:30 pm

Can someone please help.

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Re: Tier2 to ILR

Post by Raj1211 » Fri Jun 04, 2021 11:20 am

Hi admins,

Could you please provide me the ILR salary threshold link for this year? I’ve been looking in the google but it’s redirecting me to the skilled worker page only but not the ILR salary requirement page.

I remember I’ve seen somewhere in the gov.uk website ILR salary threshold per year basis i.e.,
2020-36,500
2021-37,400
2022-38,***

Please correct me if I am wrong.

Please help.

Thanks.

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Re: Tier2 to ILR

Post by zimba » Fri Jun 04, 2021 1:43 pm

Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Raj1211
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Re: Tier2 to ILR

Post by Raj1211 » Fri Jun 04, 2021 2:09 pm

Thank you Zimba for your response.

It still taking me to the going rate table but not the yearly ILR salary threshold document.

Can you please tell me, is that yearly ILR salary threshold removed and just need to satisfy this going rate or 25,600. Whichever is higher?

Thanks

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CR001
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Re: Tier2 to ILR

Post by CR001 » Fri Jun 04, 2021 2:30 pm

Raj1211 wrote:
Fri Jun 04, 2021 2:09 pm
Thank you Zimba for your response.

It still taking me to the going rate table but not the yearly ILR salary threshold document.

Can you please tell me, is that yearly ILR salary threshold removed and just need to satisfy this going rate or 25,600. Whichever is higher?

Thanks
You were already advised that you are required to be earning the experienced rate for your SOC
CR001 wrote:
Mon May 24, 2021 6:18 pm
You need to be earning the current rate for your SOC.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Raj1211
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Re: Tier2 to ILR

Post by Raj1211 » Fri Jun 04, 2021 3:18 pm

Sorry CR001 for repeating questions. I am confused between ILR salary threshold and the going rate. Which one do I need to follow.

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zimba
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Re: Tier2 to ILR

Post by zimba » Fri Jun 04, 2021 6:07 pm

Just the SOC code min
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Re: Tier2 to ILR

Post by Raj1211 » Fri Jun 04, 2021 8:03 pm

Thanks Zimba and CR001

Raj1211
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Tier 2 - Set(O) ILR

Post by Raj1211 » Sat Aug 21, 2021 2:53 pm

Hi all,

Thank you so much to this forum, admins and all other who is helping. Really great support guys.

My wife is the Tier2 main applicant and me and my daughter are dependants. We both came to UK at the same time as my wife was T4- Student and then I was/am the dependent all the time. First we want to apply for my wife's ILR and then mine and my daughter's MN1. My wife completed the Set(o) application and have few doubts while filling the form. Can admins/anyone please help us.

1. Is absence letter mandatory from the previous employer or just passport stampings are enough to show when she went out of the UK and return to the UK? Because we went out of the UK only when she was working with the old employer and we didnt ask the letter from them. What type of evidences we can provide?

2. In the application form what date do i need to enter for the question when did you leave the UK?. We reached to the destination in the next day. So if i provide passport for absence proof the date in there is the next day. Just confused here.

3. About our daughter, Is it better to mention in a covering letter about MN1 plans when my wife get ILR. Because i read in some posts in the forum that they been asked by case worker why they didnt apply for uk born child or what are the plans about the child something like this to speed up the things

Please help. Thanks in advance.

Raj.

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zimba
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Re: Tier 2 - Set(O) ILR

Post by zimba » Sat Aug 21, 2021 11:25 pm

1. Such a letter is no longer needed under Skilled Worker Rules.
2. It does not matter what date you put
3. Mention it in a letter if you want
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Raj1211
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Re: Tier 2 - Set(O) ILR

Post by Raj1211 » Sat Aug 21, 2021 11:47 pm

Thank you so Zimba for response.

Just to let you know the dates initial T2 granted in October 2016.
1. She went out of the UK in December 2016-Return back in January 2017- Total 27 days including weekends and bank holidays.
2. March 2018 - only 1 week.
3. March 2019- June 2019 - 3 months totally (while she is on maternity).

I thought she need to submit at least for the above 3rd point which is more than 30 working days as stated in the continuous period rules. Could you please confirm to this.

Thanks
Raj.

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zimba
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Re: Tier 2 - Set(O) ILR

Post by zimba » Sun Aug 22, 2021 3:33 am

The rules have changed. There is no specific evidence
You must confirm that the applicant’s sponsor (where they are on a sponsored route) agreed to their absence for this purpose. There is no specified evidence for this, but
you would normally expect to see:
• a letter from their sponsor agreeing to the absence for this purpose confirming the start and end dates of the applicant’s absence
• payslips or bank statements covering the entire period of absence or other evidence to show the applicant was still employed during this time
https://assets.publishing.service.gov.u ... idence.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Raj1211
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Re: Tier 2 - Set(O) ILR

Post by Raj1211 » Sun Aug 22, 2021 10:27 am

Thank you so much for confirming Zimba.

Raj1211
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Re: Tier 2 - Set(O) ILR

Post by Raj1211 » Sun Aug 22, 2021 10:41 am

Thank you so much for confirming Zimba.

If the letter is not needed, can I just add passport stampings and explaining that in the cover letter?

Will there be any chance for requesting the absence letter by the case worker while they process the application?

Also will there be any chance for refusal due to not providing any type of evidence of absences?

Sorry for the too many Qs, just don’t want spoil it after waiting many years.

Thanks

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Re: Tier 2 - Set(O) ILR

Post by zimba » Sun Aug 22, 2021 6:13 pm

You cannot be refused for evidence that is NOT required. I showed you what the guide says so I suggest to follow it
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Raj1211
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Re: Tier 2 - Set(O) ILR

Post by Raj1211 » Sun Aug 22, 2021 8:01 pm

Thanks Zimba for the response.

I’ve been reading the document which you gave me. But that info you’ve provided is under the section of Absences for research linked to work. She didn’t went on research purpose. So will that applicable to us?

Also can you please tell will there be any chance of asking an absence letter by case worker.

Thanks.

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