Tier 2 ILR and UKCVAS question

Hi All,

I have been using this amazing forum throughout all of my visa stages and now I need help with ILR. I am currently on Tier 2 General and looking to apply for ILR in 2019. I am hoping to start well in advance to avoid any issues.

Below is my immigration history:
Tier 4 Student Visa: September 2010 to February 2012
Tier 1 PSW Visa: February 2012 to February 2014
Tier 2 General: October 2013 to December 2016 (Applied before expiry of Tier 1 PSW)
Tier 2 General Extension: November 2016 to October 2019

My questions about ILR are:
1) Based on the above immigration history, I should be eligible to apply for ILR under Tier 2 route from November 2018?

2) English Language requirement: I have a Master's degree from a University in the UK. Will it be enough to satisfy the English language requirement if I submit the Degree Certificate?

3) Salary and Job Change: This is the area I am most concerned about. At the moment my salary is below the threshold for ILR i.e. 35,800 from April 2019. My current salary is 31,900, and I also get 3000 in bonus each year. My employer has agreed to increase my salary by promoting me to a new role, which would be in the same SOC code 2139 as my current role which means I wouldn't need to make a new Tier 2 application. The new salary will also be above the SOC code 2139 rate of pay (28,900).
As long as this change is notified to HO/UKVI through SMS it should be okay? I am planning to apply for ILR in April-May 2019 and these changes should be effective from January 2019 or possibly earlier.

4) Employer Letter: Is it crucial to mention job title in employer letter to confirm employment and the line on foreseeable future? I am only asking because my new job title may confuse HO/UKVI to think it belongs to a different SOC code, even though my core duties closely match SOC code 2139.

Many thanks.

1) You are eligible to apply 28 days before your 5 year period. So September/October 2018 depending on what date you got your Tier 2 visa.

2) Degree certificate is enough.

3) As long as this change is notified to HO/UKVI through SMS it should be okay.

4) The letter needs to say:

• you'll be required in your role for the foreseeable future

• nearest applicable SOC code

• current rate of pay

• confirmation its above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.

This is to the best of my knowledge, happy to be corrected by any senior members.

harps9191 wrote: ↑

Fri Jul 20, 2018 1:44 pm

1) You are eligible to apply 28 days before your 5 year period. So September/October 2018 depending on what date you got your Tier 2 visa.

2) Degree certificate is enough.

3) As long as this change is notified to HO/UKVI through SMS it should be okay.

4) The letter needs to say:

• you'll be required in your role for the foreseeable future

• nearest applicable SOC code

• current rate of pay

• confirmation its above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.

This is to the best of my knowledge, happy to be corrected by any senior members.

Thanks harps9191.

Would really appreciate if a senior member like CR001 or iworker can also reply to re-confirm

harps9191 wrote: ↑

Fri Jul 20, 2018 1:44 pm

1) You are eligible to apply 28 days before your 5 year period. So September/October 2018 depending on what date you got your Tier 2 visa.

2) Degree certificate is enough.

3) As long as this change is notified to HO/UKVI through SMS it should be okay.

4) The letter needs to say:

• you'll be required in your role for the foreseeable future

• nearest applicable SOC code

• current rate of pay

• confirmation its above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.

This is to the best of my knowledge, happy to be corrected by any senior members.

This is correct. I will only add to OP that getting a promotion/ salary increase in January and applying for ILR in April might raise a red flag that you were only promoted to meet ILR. While this is not bad in itself, HO/UKVI are known to investigate such acts.
Why can't your employer increase your salary now?
How many hours/week are you working?

Djsuccess wrote: ↑

Sat Jul 21, 2018 7:51 am

harps9191 wrote: ↑

Fri Jul 20, 2018 1:44 pm

1) You are eligible to apply 28 days before your 5 year period. So September/October 2018 depending on what date you got your Tier 2 visa.

2) Degree certificate is enough.

3) As long as this change is notified to HO/UKVI through SMS it should be okay.

4) The letter needs to say:

• you'll be required in your role for the foreseeable future

• nearest applicable SOC code

• current rate of pay

• confirmation its above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.

This is to the best of my knowledge, happy to be corrected by any senior members.

This is correct. I will only add to OP that getting a promotion/ salary increase in January and applying for ILR in April might raise a red flag that you were only promoted to meet ILR. While this is not bad in itself, HO/UKVI are known to investigate such acts.
Why can't your employer increase your salary now?
How many hours/week are you working?

I am working 40 hours per week. January is when the annual pay review happens for everyone so they want to tie it in with that. What would be the acceptable / safe time for the company to increase my salary without raising suspicion, if there is such a time frame?
Also, is it okay to not mention the job title in employer letter to avoid confusion or is that necessary?

sagarchhadva wrote: ↑

Sat Jul 21, 2018 8:39 am

Djsuccess wrote: ↑

Sat Jul 21, 2018 7:51 am

harps9191 wrote: ↑

Fri Jul 20, 2018 1:44 pm

1) You are eligible to apply 28 days before your 5 year period. So September/October 2018 depending on what date you got your Tier 2 visa.

2) Degree certificate is enough.

3) As long as this change is notified to HO/UKVI through SMS it should be okay.

4) The letter needs to say:

• you'll be required in your role for the foreseeable future

• nearest applicable SOC code

• current rate of pay

• confirmation its above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.

This is to the best of my knowledge, happy to be corrected by any senior members.

This is correct. I will only add to OP that getting a promotion/ salary increase in January and applying for ILR in April might raise a red flag that you were only promoted to meet ILR. While this is not bad in itself, HO/UKVI are known to investigate such acts.
Why can't your employer increase your salary now?
How many hours/week are you working?

I am working 40 hours per week. January is when the annual pay review happens for everyone so they want to tie it in with that. What would be the acceptable / safe time for the company to increase my salary without raising suspicion, if there is such a time frame?
Also, is it okay to not mention the job title in employer letter to avoid confusion or is that necessary?

The earlier you get the salary increase the better. Not sure of any acceptable time for salary increase, but if you get a pay rise 9 months before ILR, it is not likely to raise any red flag compared to when it is done 3 months before. Will everyone get the same % salary increase as you in January? While it is safe to get a pay raise when everyone is getting it as part annual pay review, if your pay rise is significantly higher than the rest of the people in the company, HO might still flag it.
As per job title, you have to mention it. in fact when your sponsor notifies UKVI about the promotion, they will need to mention the job title, new salary and provide information on job description and why they think it's the same SOC code as your old job title.

Hi

Sorry for replying so late, I was waiting for the final conversations to take place with my employer about the changes required.

So, my employer has agreed to increase my salary in January 2019 as part of the annual pay review which happens across the company. They will write a letter to me explaining the reasons for the high salary increase.

When I make my ILR application later in April - May 2019, my employer will include in the employment confirmation letter why my salary was increased in January and how it has been part of my progression. Will this be sufficient to justify the salary increase or it will still raise a red flag?

My employer is going to check with the immigration agency they use for assistance if my new job title and salary needs to be updated through SMS, as my new role is still in the same SOC code.

sagarchhadva wrote: ↑

Tue Oct 30, 2018 11:52 am

Hi

Sorry for replying so late, I was waiting for the final conversations to take place with my employer about the changes required.

So, my employer has agreed to increase my salary in January 2019 as part of the annual pay review which happens across the company. They will write a letter to me explaining the reasons for the high salary increase.

When I make my ILR application later in April - May 2019, my employer will include in the employment confirmation letter why my salary was increased in January and how it has been part of my progression. Will this be sufficient to justify the salary increase or it will still raise a red flag?

My employer is going to check with the immigration agency they use for assistance if my new job title and salary needs to be updated through SMS, as my new role is still in the same SOC code.

You don't need to notify UKVI if the salary increase is part of an annual general pay review but you have to notify UKVI about the change of job title. So in your case, you have to mention both salary increase and change of role, because it is the change of role that led to the salary increase.

Hi All

My employer has finally processed my pay change in the system effective 01 January 2019, my new salary is £36,273 on 40 hours/week. My salary was increased as part of the annual pay review but my % increase was much higher than others and so they have given me a letter to justify the increase.

I have a few questions around this with regards to my T2 to ILR application I am planning to submit in April 2019:
- I am hoping the new salary will be sufficient to satisfy the salary requirements from April 2019 which is £35,800? My SOC code is 2139 and my new salary is well above it's requirements

- To avoid any issues, my employer will give me another letter in April 2019 or mention in the Employment Confirmation letter why my salary was increased in January 2019. Will this be sufficient? It was due to performance and I can submit performance reviews if needed

- My employer is also going to update UKVI through the SMS my new details, although they are arguing it is not necessary. I insisted it to be updated so the details are correct. Is there a risk if they do not update UKVI through SMS? Not sure why they wouldn't to, just to be on the safe side

- Although my annual salary is £36,273.00 my monthly net pay is different as I have benefits in kind which I pay for through salary sacrifice each month i.e. health insurance, gym membership. As a result my tax code is also different (1100L). All this is shown on the payslip which I will submit with my application. Is this going to be a problem???

Would really appreciate if someone can help me with the above questions.

Thank you in advance!

sagarchhadva wrote: ↑

Mon Jan 28, 2019 7:41 pm

Hi All

My employer has finally processed my pay change in the system effective 01 January 2019, my new salary is £36,273 on 40 hours/week. My salary was increased as part of the annual pay review but my % increase was much higher than others and so they have given me a letter to justify the increase.

I have a few questions around this with regards to my T2 to ILR application I am planning to submit in April 2019:
- I am hoping the new salary will be sufficient to satisfy the salary requirements from April 2019 which is £35,800? My SOC code is 2139 and my new salary is well above it's requirements

- To avoid any issues, my employer will give me another letter in April 2019 or mention in the Employment Confirmation letter why my salary was increased in January 2019. Will this be sufficient? It was due to performance and I can submit performance reviews if needed

- My employer is also going to update UKVI through the SMS my new details, although they are arguing it is not necessary. I insisted it to be updated so the details are correct. Is there a risk if they do not update UKVI through SMS? Not sure why they wouldn't to, just to be on the safe side

- Although my annual salary is £36,273.00 my monthly net pay is different as I have benefits in kind which I pay for through salary sacrifice each month i.e. health insurance, gym membership. As a result my tax code is also different (1100L). All this is shown on the payslip which I will submit with my application. Is this going to be a problem???

Would really appreciate if someone can help me with the above questions.

Thank you in advance!

Hi All

Would really appreciate if any of the experts are able to help me with the questions above?

Many thanks.

sagarchhadva wrote: ↑

Mon Jan 28, 2019 7:41 pm

Hi All

My employer has finally processed my pay change in the system effective 01 January 2019, my new salary is £36,273 on 40 hours/week. My salary was increased as part of the annual pay review but my % increase was much higher than others and so they have given me a letter to justify the increase.

I have a few questions around this with regards to my T2 to ILR application I am planning to submit in April 2019:
- I am hoping the new salary on 40 hours per week will be sufficient to satisfy the salary requirements from April 2019 which is £35,800? My SOC code is 2139 and my new salary is well above it's requirements

- To avoid any issues, my employer will give me another letter in April 2019 or mention in the Employment Confirmation letter why my salary was increased in January 2019. Will this be sufficient? It was due to performance and I can submit performance reviews if needed

- My employer is also going to update UKVI through the SMS my new details, although they are arguing it is not necessary. I insisted it to be updated so the details are correct. Is there a risk if they do not update UKVI through SMS? Not sure why they wouldn't to, just to be on the safe side

- Although my annual salary is £36,273.00 my monthly net pay is different as I have benefits in kind which I pay for through salary sacrifice each month i.e. health insurance, gym membership. As a result my tax code is also different (1100L). All this is shown on the payslip which I will submit with my application. Is this going to be a problem???

Would really appreciate if someone can help me with the above questions.

Thank you in advance!

Hi

Sorry to be persistent, would really appreciate if a moderator or expert can help me with these questions.

Thanks very much!

sagarchhadva wrote: ↑

Mon Jan 28, 2019 7:41 pm

Hi All

My employer has finally processed my pay change in the system effective 01 January 2019, my new salary is £36,273 on 40 hours/week. My salary was increased as part of the annual pay review but my % increase was much higher than others and so they have given me a letter to justify the increase.

I have a few questions around this with regards to my T2 to ILR application I am planning to submit in April 2019:
- I am hoping the new salary will be sufficient to satisfy the salary requirements from April 2019 which is £35,800? My SOC code is 2139 and my new salary is well above it's requirements

- To avoid any issues, my employer will give me another letter in April 2019 or mention in the Employment Confirmation letter why my salary was increased in January 2019. Will this be sufficient? It was due to performance and I can submit performance reviews if needed

- My employer is also going to update UKVI through the SMS my new details, although they are arguing it is not necessary. I insisted it to be updated so the details are correct. Is there a risk if they do not update UKVI through SMS? Not sure why they wouldn't to, just to be on the safe side

- Although my annual salary is £36,273.00 my monthly net pay is different as I have benefits in kind which I pay for through salary sacrifice each month i.e. health insurance, gym membership. As a result my tax code is also different (1100L). All this is shown on the payslip which I will submit with my application. Is this going to be a problem???

Would really appreciate if someone can help me with the above questions.

Thank you in advance!

Hi

Anyone kind enough to help me with this? Still have not been able to get a response.

Thanks.

Hi All

Below is my immigration history:
Tier 4 Student Visa: September 2010 to February 2012
Tier 1 PSW Visa: February 2012 to February 2014
Tier 2 General: October 2013 to December 2016 (Applied before expiry of Tier 1 PSW)
Tier 2 General Extension: November 2016 to October 2019

My employer increased my salary from £31,300 to £36,273 in January 2019 as part of the annual pay review. Not everyone received this amount of increase, but salary was increased for everyone. My increase was based on role restructure and performance. Although previously salary was £31,300 with bonus it came up to £34,500. In the restructure bonus element was added to base pay so actual increase was about 6%. My P60 for last year shows annual earnings as approx. £34,500.

I am planning to apply in April 2019 and have the below questions regarding my application.
- I am hoping the new salary will be sufficient to satisfy the salary requirements from April 2019 which is £35,800? My SOC code is 2139 and my new salary is well above it's requirements. My weekly hours are 40

- My employer has agreed to include a note in my employment confirmation letter on why salary was increased. Will this raise any suspicions mentioning salary increase in the letter?

- My employer has also updated my current CoS for change of circumstances through the SMS with new salary. I had a job title change and this was also reported as change of circumstances through the SMS, although this was only done in February after I insisted they update it. I stay on the same SOC code 2139.
Will this delay cause any issues?

- Although my annual salary is £36,273.00 my monthly net pay is different as I have benefits in kind which I pay for through salary sacrifice each month i.e. health insurance, gym membership. As a result my tax code is also different. All this is shown on the payslips which I will submit with my application. Is this going to be a problem?

- My employer will give a single letter to confirm employment for foreseeable future, current salary & increase, absences from UK and that payslips are genuine. Is this acceptable or do I need to get separate letters?

Would really appreciate if I am able to get some help with this.

Moderators - I am sorry to create a new topic when I already have a topic with similar questions open. I wasn't getting any responses on that topic one so had a to create this.

Thanks!

Hi All

I probably know the answer to this question but I just wanted to reach out and get advice from the experts for my peace of mind.

I applied for ILR (T2 5 year route) on 10 April submitting the application online and paying for super priority service. On the UKVCAS website, the next available premium appointment closer to me is only on 3 May which is 3.5 weeks after the online submission! There were no free appointments at all and no other centre closer to me had any appointments available so I had to book 3 May.

The problem is by the 3 of May my payslips and bank statements will be out of date as I would have been paid for April and the date on payslips and bank statements is 29 March which is more than 30 days to the date of my appointment.

Is this going to be an issue? Do I need to take the April Payslip and new bank statements until April?
Or
Home Office will only look at the supporting documents from the date of online submission i.e. 10 April, in which case all documents should be fine?

Thanks for your advice.

sagarchhadva wrote: ↑

Thu Apr 11, 2019 8:06 am

Hi All

I probably know the answer to this question but I just wanted to reach out and get advice from the experts for my peace of mind.

I applied for ILR (T2 5 year route) on 10 April submitting the application online and paying for super priority service. On the UKVCAS website, the next available premium appointment closer to me is only on 3 May which is 3.5 weeks after the online submission! There were no free appointments at all and no other centre closer to me had any appointments available so I had to book 3 May.

The problem is by the 3 of May my payslips and bank statements will be out of date as I would have been paid for April and the date on payslips and bank statements is 29 March which is more than 30 days to the date of my appointment.

Is this going to be an issue? Do I need to take the April Payslip and new bank statements until April?
Or
Home Office will only look at the supporting documents from the date of online submission i.e. 10 April, in which case all documents should be fine?

Thanks for your advice.

Date of application is the date you submit and pay online and NOT the date of your appointment for biometrics!!

CR001 wrote: ↑

Thu Apr 11, 2019 8:17 am

sagarchhadva wrote: ↑

Thu Apr 11, 2019 8:06 am

Hi All

I probably know the answer to this question but I just wanted to reach out and get advice from the experts for my peace of mind.

I applied for ILR (T2 5 year route) on 10 April submitting the application online and paying for super priority service. On the UKVCAS website, the next available premium appointment closer to me is only on 3 May which is 3.5 weeks after the online submission! There were no free appointments at all and no other centre closer to me had any appointments available so I had to book 3 May.

The problem is by the 3 of May my payslips and bank statements will be out of date as I would have been paid for April and the date on payslips and bank statements is 29 March which is more than 30 days to the date of my appointment.

Is this going to be an issue? Do I need to take the April Payslip and new bank statements until April?
Or
Home Office will only look at the supporting documents from the date of online submission i.e. 10 April, in which case all documents should be fine?

Thanks for your advice.

Date of application is the date you submit and pay online and NOT the date of your appointment for biometrics!!

Hi CR001

Thank you for replying so quickly!

So the bank statements and payslips dated 29 March should still be okay as the Home Office will take 10 April as date of application even though the biometrics were taken much later and application reviewed nearly a month later?

sagarchhadva wrote: ↑

Thu Apr 11, 2019 1:24 pm

CR001 wrote: ↑

Thu Apr 11, 2019 8:17 am

sagarchhadva wrote: ↑

Thu Apr 11, 2019 8:06 am

Hi All

I probably know the answer to this question but I just wanted to reach out and get advice from the experts for my peace of mind.

I applied for ILR (T2 5 year route) on 10 April submitting the application online and paying for super priority service. On the UKVCAS website, the next available premium appointment closer to me is only on 3 May which is 3.5 weeks after the online submission! There were no free appointments at all and no other centre closer to me had any appointments available so I had to book 3 May.

The problem is by the 3 of May my payslips and bank statements will be out of date as I would have been paid for April and the date on payslips and bank statements is 29 March which is more than 30 days to the date of my appointment.

Is this going to be an issue? Do I need to take the April Payslip and new bank statements until April?
Or
Home Office will only look at the supporting documents from the date of online submission i.e. 10 April, in which case all documents should be fine?

Thanks for your advice.

Date of application is the date you submit and pay online and NOT the date of your appointment for biometrics!!

Hi CR001

Thank you for replying so quickly!

So the bank statements and payslips dated 29 March should still be okay as the Home Office will take 10 April as date of application even though the biometrics were taken much later and application reviewed nearly a month later?

As CR001 already said, date of biometrics is irrelevant. Your application date is when you submitted and paid for your application online. You get 45 working days to book an appointment with UKVCAS then which date is irrelevant.

Hi All

Firstly, thank you to all moderators and other volunteers who give their time here, share valuable advice and experiences to help people like myself with their visa journeys! I had a somewhat tricky scenario with regards to my ILR application. I am sharing my experience here so it may help others in a similar situation.

I applied through the Tier 2 (General) 5-year route using the online Set (O) form. I have been with the same employer throughout my Tier 2 visa. In January 2019 I had a salary increase of roughly £5000 or 16% and a job title change in same SOC code 2139. The salary increase took me over the ILR salary threshold. This was reported by my employer to the HO via the SMS in February 2019 (a month after the change).

I submitted my application on 10 April 2019 and used the Super Priority Service. Uploaded the documents the same day on Sopra Steria UKVCAS website. I submitted three months payslips and bank statements. The earliest appointment was 03 May for the Biometrics which I promptly booked. Had the appointment today (03 May) which went really smoothly, I was done in 20 minutes! My appointment was at 09:00 AM and I received an email from HO at 11:22 AM saying that my ILR was granted and I will receive a decision letter and BRP in the post. I was elated! I wasn't expecting my application to be approved so quickly given the salary increase and job change so close to my application. I thought it would be held up for additional checks and I was half expecting the 'exceptionally complex issue' email. I guess they were happy with the documents and SMS update, and maybe I was just lucky!

It is a huge relief. I know what it feels like so wanted to explain my situation and experience so it can help others with their application.

All the very Best to everyone.