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Tier 2 to ILR and salary adjustment

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Ali2017
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Joined: Sun Apr 09, 2017 9:45 am

Tier 2 to ILR and salary adjustment

Post by Ali2017 » Tue Nov 14, 2017 8:46 pm

Dear fellows
I am on Tier 2 general and due for ILR next year August 2017, My Tier 2 extension was granted on salary of £30800 as mention in COS as Basic salary £22000 and £8800(car allowance, fuel and £500 guaranteed over time). As I am receiving £22000 and fuel cost in bank account and using company car for personal use as well.

For ILR next year can i ask employer to increase up to £35500 in total. Can this be accepted as basic £27000 and car allowance etc £8800 as this been accepted in Tier 2 extension cos last year?
Many thanks

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makky86
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Re: Tier 2 to ILR and salary adjustment

Post by makky86 » Tue Nov 14, 2017 8:59 pm

Ali2017 wrote:
Tue Nov 14, 2017 8:46 pm
Dear fellows
I am on Tier 2 general and due for ILR next year August 2017, My Tier 2 extension was granted on salary of £30800 as mention in COS as Basic salary £22000 and £8800(car allowance, fuel and £500 guaranteed over time). As I am receiving £22000 and fuel cost in bank account and using company car for personal use as well.

For ILR next year can i ask employer to increase up to £35500 in total. Can this be accepted as basic £27000 and car allowance etc £8800 as this been accepted in Tier 2 extension cos last year?
Many thanks
No, you should not do that. Recently this has been flagging up during the ILR process. Apart from ILR refusal this is even causing sponsors license revoked.

Ideally, you should ask your employer to raise over 35K+ as part of the annaul review. Even with this home office may double check that why your employer raised 5K this year so think about all the different options.

If you complete 5 year in August 2018 then I suggest get the pay rise done in Jan 2018 and apply ILR after October/November next year.

As per your previous post

indefinite-leave-to-remain/spent-convic ... 31012.html

You had court conviction which means you cannot apply for ILR before 2 years after the conviction. Have you tried applying on FLR(FP) since you have completed 10 years?
II Youths a stuff neve endures II

Ali2017
Newly Registered
Posts: 14
Joined: Sun Apr 09, 2017 9:45 am

Re: Tier 2 to ILR and salary adjustment

Post by Ali2017 » Tue Nov 14, 2017 10:05 pm

Many thanks for reply
I haven't applied for FLR yet as my current Tier 2 Will expire in Jan 2019 and conviction 2 year will complete in March / April 2019

What should I do, I m with family if only me I just go for 10 year rout but I need on tier2 ILR as family could be get ILR at same time?

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makky86
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Re: Tier 2 to ILR and salary adjustment

Post by makky86 » Tue Nov 14, 2017 10:16 pm

Ali2017 wrote:
Tue Nov 14, 2017 10:05 pm
Many thanks for reply
I haven't applied for FLR yet as my current Tier 2 Will expire in Jan 2019 and conviction 2 year will complete in March / April 2019

What should I do, I m with family if only me I just go for 10 year rout but I need on tier2 ILR as family could be get ILR at same time?
I understand but as it was court conviction normally ILR is refused unless 2 years are spent. Its in the immigration rules so its not something officer's discretion.

You can try you luck but if its refused it would be costly for you. You have two options
  • Apply T2 to ILR hopeing the case worker apply discretion
    Apply FLR Private life as you have spent 10 years but this would reset depenants clock
May be wait for GURUs to respoonse
II Youths a stuff neve endures II

Ali2017
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Posts: 14
Joined: Sun Apr 09, 2017 9:45 am

Re: Tier 2 to ILR and salary adjustment

Post by Ali2017 » Wed Nov 15, 2017 9:33 pm

Many Thanks Makky

1. If I apply for ILR now on 10 year and as convection not spent, will i get FLR in same ILR fee or I directly apply for FLR near current leave finish in Jan 2019 as Conviction spent time is April 2019?

2.Once I got FLR what visa do I need to apply for my dependent?

3. If I apply for ILR on Tier2 base in Aug 2018 and if got FLR mean I need to change my dependent visa as well and do I still need to provide full salary £35800 and company letter in April 2019?

Please any one can guide me?

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makky86
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Re: Tier 2 to ILR and salary adjustment

Post by makky86 » Thu Nov 16, 2017 2:29 pm

1. If I apply for ILR now on 10 year and as convection not spent, will i get FLR in same ILR fee or I directly apply for FLR near current leave finish in Jan 2019 as Conviction spent time is April 2019?
You can apply FLR now and once conviction spent then you can switch 10 year ILR.

https://www.gov.uk/government/publicati ... form-flrfp

2.Once I got FLR what visa do I need to apply for my dependent?
they'll also apply for FLR (Family leave remain). Remember this means their clock will reset as they'll have to spend 5 years again unless they complete 10 years before that time.
3. If I apply for ILR on Tier2 base in Aug 2018 and if got FLR mean I need to change my dependent visa as well and do I still need to provide full salary £35800 and company letter in April 2019?
You cannot apply for ILR on tier 2 as you'll not have spent conviction time unless officer apply discretion.
II Youths a stuff neve endures II

Ali2017
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Re: Tier 2 to ILR and salary adjustment

Post by Ali2017 » Fri Dec 08, 2017 11:57 pm

Many thanks makky86

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