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Tier 2 G to ILR (salary spike 6 months before application)

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

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tamoni
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Tier 2 G to ILR (salary spike 6 months before application)

Post by tamoni » Sat May 12, 2018 10:04 pm

I have been reading posts on this website for a week or so and I must say I should have done it 3 years ago when applying for Tier 2 extension as it would have saved me a lot of money. I paid to the appointed company to represent my case at that time and this time they have given me the quote of £2000 excl VAT for 5-6 hours of work. I hope I can save this amount and try to apply myself, but I need some advice if possible.


Came to the UK as Tier 4 Student in September 2009 (studied Fashion Management in UAL)

In September 2011 was offered part-time (20 hours) position in Fashion Distribution Agency, being on Tier 4 visa.

In July 2013 I got married, husband was on Tier 4, also studying in the UK.

In August 2013 became full time employee as I was successfully granted Tier 2 G, minimum salary for SOC met (PR); husband reentered the UK as my dependant in October 2013.

In July 2016 extended my Tier 2 visa till July 2019, minimum salary fo experienced worker met.

From 1st November 2016 till 31 October 2017 was on maternity leave.

So 1st of November 2017 was my first working day, full time.

I had quite open conversation with my boss right before xmas where I had to ask him for salary increase (childcare is very expensive and on my previous salary I wouldn’t be able to afford it, even with husband’s support). My boss worked it out, he gave me increased list of responsibilities all within same job role and also approved gross salary of £36,000. I needed extra £1000, and that's what I got.

In January 2018 CFO updated SMS system with the new salary of £36,000 and I received my new payslip on 1st of Feb.

Now questions:

1. I am eligible to apply for ILR based on 5 year route on or after 25th of July 2018, so do you think the spike in salary from 23000 to 36000 7 months before application can be a red flag for HO (although it was duly reported in January 2018)?
2. Do you think I should wait for a couple of months and apply some time in September 2018, if 9 months on £36,000 salary would make a difference?
3. What exactly my Absence Letter from employer should mention with regards to exercising statutory maternity leave and SMP (maternity pay)? (I have P60’s from 2011 up until 2018, in case they would need them).
4. Do you think I would need to provide a letter from employer which would explain this spike in salary and confirm reasons why it has happed.
5. Do you think it is worth mentioning the fact that I have a child now and since the company needs my services they have increased my salary so child care is covered and I can work full time and tension free.
6. If the decision won’t be made same day by the home office, what would I need to expect from an audit? My contract has confidentiality clause, so I won’t be able to share info re our clients (and probably emails as well). How can I prepare for the audit? Plus my boss is most of the time out of the country, either checking on production or attending fashion weeks or meeting suppliers, like I said the team is very small, so I won’t have a line manager or someone senior to represent my boss if the HO rep comes with a visit.

I have been working with this company since 2011 (on tier 4 part-time), we are like a family now, this company have applied for sponsorship license only to sponsor me, they are not planing to sponsor anyone else and once their licence expires they won’t renew it again.

So in case it is relevant - I’m the only sponsored employee on Tier 2, and I am the only employee with a child, and I am the only employee whose salary increased that much.

PS: Planing to apply in Croydon, as close to work.

I would really appreciate if everyone shares their thoughts and ideas re my situation.

tamoni
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by tamoni » Tue May 15, 2018 9:40 pm

Can anyone help with any advice at all... or my post will be simply ignored(((((((

apsk
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by apsk » Wed May 16, 2018 8:23 am

tamoni wrote:
Sat May 12, 2018 10:04 pm
I have been reading posts on this website for a week or so and I must say I should have done it 3 years ago when applying for Tier 2 extension as it would have saved me a lot of money. I paid to the appointed company to represent my case at that time and this time they have given me the quote of £2000 excl VAT for 5-6 hours of work. I hope I can save this amount and try to apply myself, but I need some advice if possible.


Came to the UK as Tier 4 Student in September 2009 (studied Fashion Management in UAL)

In September 2011 was offered part-time (20 hours) position in Fashion Distribution Agency, being on Tier 4 visa.

In July 2013 I got married, husband was on Tier 4, also studying in the UK.

In August 2013 became full time employee as I was successfully granted Tier 2 G, minimum salary for SOC met (PR); husband reentered the UK as my dependant in October 2013.

In July 2016 extended my Tier 2 visa till July 2019, minimum salary fo experienced worker met.

From 1st November 2016 till 31 October 2017 was on maternity leave.

So 1st of November 2017 was my first working day, full time.

I had quite open conversation with my boss right before xmas where I had to ask him for salary increase (childcare is very expensive and on my previous salary I wouldn’t be able to afford it, even with husband’s support). My boss worked it out, he gave me increased list of responsibilities all within same job role and also approved gross salary of £36,000. I needed extra £1000, and that's what I got.

In January 2018 CFO updated SMS system with the new salary of £36,000 and I received my new payslip on 1st of Feb.

Now questions:

1. I am eligible to apply for ILR based on 5 year route on or after 25th of July 2018, so do you think the spike in salary from 23000 to 36000 7 months before application can be a red flag for HO (although it was duly reported in January 2018)? Potentially Yes, but quiet unlikely as it has been 7 months already as your employer has already informed UKVI through SMS
2. Do you think I should wait for a couple of months and apply some time in September 2018, if 9 months on £36,000 salary would make a difference? Don't think waiting any more would make it any better
3. What exactly my Absence Letter from employer should mention with regards to exercising statutory maternity leave and SMP (maternity pay)? (I have P60’s from 2011 up until 2018, in case they would need them). absence letter need to list all your absences from UK in last 5 years
4. Do you think I would need to provide a letter from employer which would explain this spike in salary and confirm reasons why it has happed. Yes, it would be helpful
5. Do you think it is worth mentioning the fact that I have a child now and since the company needs my services they have increased my salary so child care is covered and I can work full time and tension free. Not required
6. If the decision won’t be made same day by the home office, what would I need to expect from an audit? My contract has confidentiality clause, so I won’t be able to share info re our clients (and probably emails as well). How can I prepare for the audit? Plus my boss is most of the time out of the country, either checking on production or attending fashion weeks or meeting suppliers, like I said the team is very small, so I won’t have a line manager or someone senior to represent my boss if the HO rep comes with a visit.
Not your problem really, if your employer got Tier 2 sponsorship then they must be aware of all requirements of audit and it is employer's responsibility to make sure of all this, so you relax
I have been working with this company since 2011 (on tier 4 part-time), we are like a family now, this company have applied for sponsorship license only to sponsor me, they are not planing to sponsor anyone else and once their licence expires they won’t renew it again. Again, not your problem, they wanted you to work for them so they did apply, if they will need someone in future they will renew else not your problem

So in case it is relevant - I’m the only sponsored employee on Tier 2, and I am the only employee with a child, and I am the only employee whose salary increased that much. Salary can increase with any promotion or on merit, and your employer has explained this increase to UKVI through SMS, so nothing to be worried off

PS: Planing to apply in Croydon, as close to work.

I would really appreciate if everyone shares their thoughts and ideas re my situation.

tamoni
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by tamoni » Wed May 16, 2018 11:57 am

Thank you so much!!! i really apreciate your help!!! i think i will stick to my plan and apply in July! will def keep posting here as per my application!

bcilr18
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by bcilr18 » Tue May 22, 2018 1:50 pm

There have been cases where people have had an increase 1 month, 6 months or a year before but still had been held for further enquiries.

I have been in same situation as yours.
Tier 4 since 2008
Joined 2009 - part time same company
PSW since 2011 - 2013 - same company
Tier 2 - 2013 - 2018 - same company
ILR filed - May 2018 - Premium
Application held for further enquiries.

tamoni
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by tamoni » Tue May 22, 2018 9:41 pm

bcilr18 wrote:
Tue May 22, 2018 1:50 pm
There have been cases where people have had an increase 1 month, 6 months or a year before but still had been held for further enquiries.

That’t not good at all.
I was hoping at 6+ months will give HO some kind of reassurance… hmm I’m getting stressed about it.


I have been in same situation as yours.
Tier 4 since 2008
Joined 2009 - part time same company
PSW since 2011 - 2013 - same company
Tier 2 - 2013 - 2018 - same company
ILR filed - May 2018 - Premium


Yea it does look pretty similar….Pls don’t mind me asking… when was your salary increased?


Application held for further enquiries.

bcilr18
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by bcilr18 » Wed May 23, 2018 10:27 am

Every case is dealt differently I believe. Can't really generalize the outcome of such cases. Mine was increased a month before.

I never had any annual increases as we had an agreement of fixed pay for those periods. Company has grown and so has my duties so negotiated the rise.

Now just waiting for them to contact us. Not sure how they will contact us. Whether an unplanned visit or through email etc.

tamoni
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by tamoni » Sun Jul 15, 2018 11:27 am

Just an update on my topic, got pretty much all
documents ready, just the most recent bank statement is missing which I will be able to get from the bank 1 day before application. My salary is paid on 30th of each month and I’m applying in Croydon on 2nd of August, so fingers crossed it goes well. In any case I shall update this forum accordingly.

tamoni
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by tamoni » Mon Jul 16, 2018 6:55 pm

Dear gurus and moderators, i would really appreciate if you share your opinion re my case here. my appointment is booked on 2nd of August... thank you so much ahead.

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GMO
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by GMO » Mon Jul 16, 2018 11:30 pm

Hi,

Hope you are doing good :) to be honest, salary hike is quite large to ignore! but as it is informed via sms so it should be ok i believe. My question is,,,you did not require higher salary while u extend your application 2/3 years back?

All the very best and please let us know the update. TC

tamoni
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by tamoni » Tue Jul 17, 2018 3:21 pm

GMO wrote:
Mon Jul 16, 2018 11:30 pm
Hi,

Hope you are doing good :) to be honest, salary hike is quite large to ignore! but as it is informed via sms so it should be ok i believe. My question is,,,you did not require higher salary while u extend your application 2/3 years back?

All the very best and please let us know the update. TC
Thank u for ur opinion! When I extended my visa Tier 2 G in 2016 my salary was increased by £3000 roughly,and at the time of extension I was about 5 months pregnant ... so for me to request another pay rise right before going on maternity wasn’t kind of right thing to do. And while I was on maternity (52 weeks) things have changed in the company so when I came back my boss gave me 2 options ... either I continue doing same job I did before mat leave and he will have to hire PR account manager as he got rid of hired PR company and wanted it to be in-house or I will agree to be promoted to PR account manager with some more responsibilities added, and my day to day responsibilities can be delighted to PR interns (as many as I need) to reduce the work load, so I can concentrate on more important things. Obviously he would prefer me to take that chance as it would save him loads of money, plus he knew we r a young family with a child and money is never enough ...)))) so I said yes, we signed contract, updated SMS and since Jan my salary is 36,000.

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GMO
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by GMO » Tue Jul 17, 2018 9:43 pm

ok! take a letter from your employer which may justify your salary hike and you can submit that as well if you want. But as it informed via sms so I believe it should be fine. Finger crossed.

So, when is your appointment for the ILR application? Hope all will wnt well and please don't forget to give us the update .. Best wishes.

tamoni
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by tamoni » Wed Jul 18, 2018 11:07 am

GMO wrote:
Tue Jul 17, 2018 9:43 pm
ok! take a letter from your employer which may justify your salary hike and you can submit that as well if you want. But as it informed via sms so I believe it should be fine. Finger crossed.

So, when is your appointment for the ILR application? Hope all will wnt well and please don't forget to give us the update .. Best wishes.
Thank you for your advice!!!

I am applying on 2nd of August at croydon.

We have drafted a letter, is it ok if you have a look... i dont know how detailed it has to be..??

This letter is to confirm that XXXXXX is currently employed with us on a full time basis as PR Account Manager with a gross salary of 36,000 GBP.

Prior to this XXXXXX was full time employed as Public Relations Officer with the gross salary of 23,000 GBP.

While XXXXXXX was on maternity leave for 52 weeks (from October 2016 till October 2017) some changes happened in the company’s structure:
1) the 1-year contract with the appointed UK PR company was coming to an end, however due to some disagreements we had no intension to continue further our business relations.
2) PR Department was going to be moved back in-house.
3) Approaching USA market through appointed USA based PR company was one of the strategic business plans.

All above mentioned information was discussed in detail with XXXXXX soon after she returned from maternity leave.
We confirm that XXXXXX has always been a great asset to our company, her skills grew progressively with the growth of the company, hence as an acknowledgement of her commitment, hard work and increased job responsibilities she has been offered a position of PR Account Manager with the gross salary of 36,000 GBP.

XXXXXXX’s gross salary is above than salary for SOC 2472 Public Relations Professionals for experienced worker, however it is in line with the average PR Account Manager salary in London.

Should UK Visa and Immigration require any further information, please do not hesitate to contact the undersigned.
Yours sincerely,

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GMO
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by GMO » Wed Jul 18, 2018 10:48 pm

The letter is ok but please don't mention increased responsibility or something like that! instead, try to keep it under same job description. One of my friend do the exact same thing and HO pic that topic and questioned why increased responsibility outside of the SOC code he works and why they did not inform.

So better to keep the responsibilities under the same soc code job description you are applying.

pere0026
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by pere0026 » Thu Jul 19, 2018 12:02 pm

as previous member mentioned HO might be interested why U didn't reapply for another visa (after fresh RLMT) as U obviously have a different position with a high salary which potentially could be granted to someone from UK. I wish all the best but please consider a strong ground during Ur application

tamoni
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by tamoni » Wed Jul 25, 2018 6:03 pm

pere0026 wrote:
Thu Jul 19, 2018 12:02 pm
as previous member mentioned HO might be interested why U didn't reapply for another visa (after fresh RLMT) as U obviously have a different position with a high salary which potentially could be granted to someone from UK. I wish all the best but please consider a strong ground during Ur application
I’m sooooo confused here... the SOC 2472 mentions several job positions .... I started 5 years ago as PR officer and was promoted to PR Account Manager .... both of them have SOC 2472... I was always u see impression that I would need to reapply for new visa if my job role changes, (ie different SOC).... In my current role as PR account manager I’m not doing anything new.... same old stuff, just dealing with more PR companies and probably will have to travel couple of times to USA. Do u think based on that I should have applied for new visa ????

tamoni
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by tamoni » Wed Jul 25, 2018 6:08 pm

GMO wrote:
Wed Jul 18, 2018 10:48 pm
The letter is ok but please don't mention increased responsibility or something like that! instead, try to keep it under same job description. One of my friend do the exact same thing and HO pic that topic and questioned why increased responsibility outside of the SOC code he works and why they did not inform.

So better to keep the responsibilities under the same soc code job description you are applying.
I have decided not to attach this letter ... otherwise it looks as if I’m trying to hard to convince HO that everything is fine. If they have questions they can make a call to my Boss and ask anything they need. If they ask me I can explain everything, if not ... well that’s good as well.

tamoni
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by tamoni » Wed Jul 25, 2018 6:09 pm

tamoni wrote:
Wed Jul 25, 2018 6:03 pm
pere0026 wrote:
Thu Jul 19, 2018 12:02 pm
as previous member mentioned HO might be interested why U didn't reapply for another visa (after fresh RLMT) as U obviously have a different position with a high salary which potentially could be granted to someone from UK. I wish all the best but please consider a strong ground during Ur application
I’m sooooo confused here... the SOC 2472 mentions several job positions .... I started 5 years ago as PR officer and was promoted to PR Account Manager .... both of them have SOC 2472... I was always u see impression that I would need to reapply for new visa if my job role changes, (ie different SOC).... In my current role as PR account manager I’m not doing anything new.... same old stuff, just dealing with more PR companies and probably will have to travel couple of times to USA. Do u think based on that I should have applied for new visa ????
please read: I was always under impression that I would need to reapply for new visa if my job role changes, (ie different SOC)...

tamoni
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URGENT - HMRC started tax investigation 1 week before ILR application

Post by tamoni » Fri Jul 27, 2018 11:41 am

Hi all,

I would really really really appreciate advice on this matter. yesterday HMRC visited our office, they have spoken to my boss and the outcome of this conversation is that the company is under tax investigation, HMRC will be sending the list of all questions they have to my boss and then he will deal with his accountants.

I'm applying for ILR on 2nd of August, premium service. do you think this can be a reason why HO can put on hold my application? I read somewhere that HO have access to all HMRC files? what shall I do in this case????

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cyclina1
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Re: URGENT - HMRC started tax investigation 1 week before ILR application

Post by cyclina1 » Fri Jul 27, 2018 12:46 pm

Yes. But they can only access your HMRC record with your consent (signed in application form). So they cannot access the HMRC record of your employer company. Why worries?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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Casa
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Re: URGENT - HMRC started tax investigation 1 week before ILR application

Post by Casa » Fri Jul 27, 2018 1:05 pm

cyclina1 wrote:
Fri Jul 27, 2018 12:46 pm
Yes. But they can only access your HMRC record with your consent (signed in application form). So they cannot access the HMRC record of your employer company. Why worries?
The HO won't need to request data from HMRC on your employer's tax issues as they have access due to sharing the same system. :idea:

Your considerable raise of £13,000 p.a in salary mentioned in your other thread may well flag up and need further verification. I believe that the HO investigate any salary increase shortly before applying for ILR if this is more than £5,000 or 25% increase.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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cyclina1
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Re: URGENT - HMRC started tax investigation 1 week before ILR application

Post by cyclina1 » Fri Jul 27, 2018 1:10 pm

the ukvi doesn't need to have consent to access the others HMRC record? then why in the form they ask for consent and we need to sign? sound weird.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

tamoni
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Re: URGENT - HMRC started tax investigation 1 week before ILR application

Post by tamoni » Fri Jul 27, 2018 3:20 pm

Casa wrote:
Fri Jul 27, 2018 1:05 pm
cyclina1 wrote:
Fri Jul 27, 2018 12:46 pm
Yes. But they can only access your HMRC record with your consent (signed in application form). So they cannot access the HMRC record of your employer company. Why worries?
The HO won't need to request data from HMRC on your employer's tax issues as they have access due to sharing the same system. :idea:

Your considerable raise of £13,000 p.a in salary mentioned in your other thread may well flag up and need further verification. I believe that the HO investigate any salary increase shortly before applying for ILR if this is more than £5,000 or 25% increase.
So that means they will see the status of an investigation on HMRC system and might hold my application.
And as per salary increment, that was done 2 months after I came back from maternity and since January I’m in a new position and paid 36,000. I couldn’t request payrise coz when I was extending my T2 it already increased by £3000 plus I was 5 months pregnant... demanding another pay rise right before mat leave doesn’t sound right to me. But my boss made sure that my loyalty would be appreciated, that’s why soon after I came back I was offered promotion.

So to sum up ... my application will be highly likely put on hold coz of 2 factors:
Salary increment 6 months before application
HMRC tax investigation

tamoni
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by tamoni » Fri Jul 27, 2018 3:29 pm

Dear all ... did anyone come across any successful TIER 2 General to ILR applications where there was high salary increment 6 months before application???? Or unsuccessful???

tamoni
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Re: Tier 2 G to ILR (salary spike 6 months before application)

Post by tamoni » Thu Aug 02, 2018 4:03 pm

UPDATE!!!
As u all might know I had my appointment booked for 2nd of August.
I wanted to thank everyone for help, this website is great and here I found out pretty much all letter templates and all answers on my questions.
Today at 12:30 I was told by the case worker that my application was successful!
It is still so hard to believe... things weren’t that smooth (my salary was increased by £13,000 7 months before my application date, plus last week we found out that HMRC started tax investigation).
I think I was very very very very lucky. I submitted my docs to case worker at 10:10, biometrics taken at 10:45, decision 12:30. I will post more details in successful application board later on today. Thanks a lot everyone!!!!

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