ILR - 45 days short of long residence

is it too obvious that I'm applying for flr(fp) in order to buy time? I read somewhere that if home office suspected that this is a tactic to buy time, they have the right to refuse ILR but Ive also read somewhere that I should give as many info as possible

Yes it is obvious you are and don't qualify for any other visa and are only buy time, what HO calls 'frivolous and vexatious' applications.

Hi Char

Many Thanks for your reply. sorry if its a daft question. Does that mean there's still risk of ILR being refused?

I'm drafting my cover letter

DEAR SIR OR MADAM,

I am writing this letter to introduce you with my immigration history and status in UK. I am intending to vary my application from FLR (FP) to ILR(LR) on the basis of 10 years lawful residence in UK. My current visa reference number for FLR(FP) is ....... and fee reference is......I applied on 01/08/2019 and gave biometrics on..... On 15/09/2019should this date be 15.09.2019(when I actually completed 10 years) or can I put 18.08.2019 (minus 28 days)? I completed my 10 years in UK hence qualified for settlement visa. My immigration history is as follows
First visa – Tier 4 valid from 17/09/2009 to
Second visa – Tier 1 PSW valid from 15/12/2011 – 15/12/2013
Third visa – Tier 2 (General) valid from 02/08/2013 – 12/08/2016
Fourth visa – Tier 2 ( General) valid from 06/07/2016 to 02/08/2019

I confirm that I have never been refused an entry to UK and I have never over stayed. I have always paid my taxes and never claimed any kind of benefits. I have established a private life by owning a house in the UK (mortgage attached), in a relationship with a British citizen and have a secure permanent job during a long stay at UK and I intend to continue my stay here.

I further confirm that I have never stayed out of the UK for continuous six months and my stay out of the UK never exceeds 540 days in total.

Hi,

Please can someone help?

Thanks

Alicia

Also, if I vary from FLR to ILR, can I apply my ILR via super priority service? Does that give me higher chance of success?

atan1990 wrote: ↑

Fri Apr 05, 2019 11:43 am

Also, if I vary from FLR to ILR, can I apply my ILR via super priority service? Does that give me higher chance of success?

Yes but there is no guarantee

atan1990 wrote: ↑

Fri Apr 05, 2019 11:43 am

Also, if I vary from FLR to ILR, can I apply my ILR via super priority service? Does that give me higher chance of success?

Hi Atan1990,
Possibly under ILR via super priority service, HO may ask more time,yet if u wanting faster process yes.
But, u knew urs is not DIRECT application. If u have strong covering letter smart one& not lengthy or confusing CL,u may likely get without much struggle.
Good Luck.

Zimba wrote: ↑

Fri Apr 05, 2019 2:01 pm

atan1990 wrote: ↑

Fri Apr 05, 2019 11:43 am

Also, if I vary from FLR to ILR, can I apply my ILR via super priority service? Does that give me higher chance of success?

Yes but there is no guarantee

Is there a general feeling that super priority give a slightly greater chance of success on applications?

Many Thanks,

No.

Hi Zimba

indefinite-leave-to-remain/queries-rega ... 81063.html

I have read the above post and would like to ask your valuable advice

Since I'm 45 days short, my visa runs out on 02.08.2019, I will reach 10 years on 17.09.2019 (enter on 17.09.2009), can I leave the UK in July and come in as a visitor? WIll I be able to qualify for the 10 years ILR by filling the gap from 02.08.2019 to 17.09.2019 as a visitor?

Thanks

Alicia

Yes

Hi

My situation has now changed. One of the managers will be on maternity leave and I will be covering her for at least 12 months whilst shes away and when she's back she will be working part time instead of full time so I most likely will be having the job permanently. I will be working on this role from 01/06/19 and since I meet the salary requirement now, I will be able to apply for ilr via tier 2 general.

My visa runs out on 02.08.2019, my latest payslip before visa expiry would be released on 25.07.2019 - that means I will only have 2 months payslip on £36k and a contract. Would there be any problem for me?

Thanks for your advice

Regards

Alicia

sorry Ive one more question. How many hours does the salary threshold of £35,800 based on? Im on £36k and work 40 hours per week. My SOC code is £30k, have I met the criteria?

Thanks again

atan1990 wrote: ↑

Wed May 22, 2019 9:27 am

sorry Ive one more question. How many hours does the salary threshold of £35,800 based on? Im on £36k and work 40 hours per week. My SOC code is £30k, have I met the criteria?

Thanks again

What is the current SOC?

Also more importantly, is the 12 month maternity manager cover you are doing a different job and SOC??

Hi Casa,

I was a Financial Accountant before and will be covering the Finance Manager role. Both falls in the same SOC code 2421

2421 Chartered and certified accountants Example job tasks
• plans and oversees implementation of accountancy system and policies;
• prepares financial documents and reports for management, shareholders, statutory or other bodies;
• audits accounts and book-keeping records;
• prepares tax returns, advises on tax problems and contests disputed claim before tax official;
• conducts financial investigations concerning insolvency, fraud, possible mergers, etc.;
• evaluates financial information for management purposes;
• liaises with management and other professionals to compile budgets and other costs;
• prepares periodic accounts, budgetary reviews and financial forecasts;
• conducts investigations and advises management on financial
• aspects of productivity, stock holding, sales, new products, etc.

Related job titles:
• Accountant (qualified)
• Auditor (qualified)
• Chartered accountant
• Company accountant
• Cost accountant (qualified) • Financial controller (qualified)
• Management accountant (qualified)

Salary rates:
New entrant: £20,200

[Source: Annual Survey of Hours and Earnings (ASHE) 2017 (no 2018 equivalent data available)]

Experienced worker: £30,000

[Source: Annual Survey of Hours and Earnings (ASHE) 2018] RQF 6

Hi Casa,

I am CR001 not Casa

The salary is based on 39 hours per week.

Oops Im really sorry
39 hours for £30,000 or tier 2 salary threshold of £35,800?

39 hours for both.

Thanks alot for the confirmation. In this case I dont think Ive met the rules. I should be earning at least £36718 (£35,800/39*40)

Any chance if you could please send me a link confirming that it's based on 39 hours so that I can show it to my employer and try to negotiate?

Thanks

What does your CoS state for hours and what did the RLMT state?

https://www.gov.uk/guidance/immigration ... illed-work

(f) The rates stated are per year and are based on the following weekly hours:
(i) Where the source is the Annual Survey of Hours and Earnings, a 39-hour week;
(ii) Where the source is NHS Agenda for Change or the equivalent source for each of the devolved administrations, or the Royal Institute of British Architects, a 37.5-hour week;
(iii) Where the source is teachers’ national pay scales, on the definition of a full-time teacher as used when determining those pay scales;
(iv) where the source is the National Grid submission to the Migration Advisory Committee, a 37-hour week;
(v) In all other cases, a 40-hour week.

Hi CR001

Thank you very much for those information and your prompt reply. I've just spoken to my boss and showed him what's quoted in the link. He suggested that the 39hours is only based on the £30,000 salary stated on SOC but not on the £35800 salary threshold.

He seems to believe that Ive met the salary requirement since it has working hours on the SOC but not the actual tier 2 salary threshold.

What do you think? I'm concerned that my ILR will be refused because of not meeting the salary requirement but I struggle to convince my employer to either reduce my working hours by one hour per week or increase my salary to £36718 :/

The 29 hours per week is relevant to the whatever salary you get under the SOC code. Why would it be different for ILR??

Immigration rules Part 6a - 245HF(d)(v) & (vi)

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,

Thanks for your support! My ILR has finally been granted. I applied via super priority service and my appointment was on Friday 26.07.2019 and on Saturday morning 27.06.2019, I received an email confirming that it has been granted. Thanks again

atan1990 wrote: ↑

Mon Jul 29, 2019 8:58 am

Thanks for your support! My ILR has finally been granted. I applied via super priority service and my appointment was on Friday 26.07.2019 and on Saturday morning 27.06.2019, I received an email confirming that it has been granted. Thanks again

Did you go for 5year or 10year?

5 years tier 2 with last minute salary hike due to promotion