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Tier 2 to ILR Questions

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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klownking
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Tier 2 to ILR (SOC Code - 2136)

Post by klownking » Sun Nov 17, 2019 1:26 pm

Hi

I am working as a Software Developer (SOC Code - 2136) since 2015. When I applied for the the extension back in 2018 the job was not in the Shortage of Occupation list and my CoS letter also says No for the Shortage of occupation question.

I will be eligible for the ILR in August but my salary does not meet the minimum salary requirement which is 36200. Now the job is in the Shortage of Occupation list my question is : am I exempt from the salary threshold requirement for ILR or not?

Thanks
Klown

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Re: Tier 2 to ILR (SOC Code - 2136)

Post by CR001 » Sun Nov 17, 2019 1:33 pm

Probably not as your CoS was issued BEFORE 6th October and the rules in place prior to this date will apply to you.
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Re: Tier 2 to ILR (SOC Code - 2136)

Post by klownking » Sun Nov 17, 2019 4:00 pm

Thanks CR001.

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Re: Tier 2 to ILR (SOC Code - 2136)

Post by klownking » Mon Feb 03, 2020 11:48 am

Hi,

I was reading the tier 2 policy guidance and this is what confuses me a lot.
273. You will be exempt from the minimum earnings threshold if any of the following apply to
you:
• Your most recent grant of leave was as a Tier 2 (Minister of Religion) Migrant;
• Your continuous 5 year period includes all or part of a grant of leave as a work permit
holder, or as a Tier 2 migrant where your Certificate of Sponsorship was assigned before
6 April 2011;
Tier 2 Policy Guidance (Version 10/2019) Page 65
• You have been employed in a job:
that appears on the Shortage Occupation List in Appendix K, or has appeared on that
list during any time you were being sponsored to do that job during the last 6 years; or
• that appears on the occupations skilled to PhD-level as stated in the Codes of Practice
in Appendix J.

For example:
If you are applying for settlement and you were granted leave for a Certificate of
Sponsorship as a ‘secondary education teacher in the subject of chemistry’ at any point
between 6 April 2011 and 6 April 2017 (when the job ceased to be in recognised
shortage), and this period forms part of your continuous period for settlement, you would
not be required to meet the minimum earnings threshold. You would instead be required
to demonstrate that you are earning the appropriate rate for your position.
274. Appendix K provides a list of all posts that have been listed as in shortage since 6 April
2015. You can confirm whether any of your previous Certificates of Sponsorship were
issued for a shortage occupation by checking your previous applications or by speaking to
your current and/or previous employer.
Can anybody please explain this?

My SOC Code is 2136 but my CoS was not. According to this policy, my job has appeared on the SOL. So, am I exempt from the salary threshold?

Thanks

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Re: Tier 2 to ILR (SOC Code - 2136)

Post by klownking » Mon Feb 03, 2020 1:26 pm

Anybody, please?

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Re: Tier 2 to ILR (SOC Code - 2136)

Post by klownking » Wed Feb 05, 2020 1:36 pm

Hi,

I know I might be annoying for all of you. Could anybody please shed some light on this issue?

Thanks
Azeem

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Re: Tier 2 to ILR (SOC Code - 2136)

Post by klownking » Thu Feb 06, 2020 3:41 pm

Hi All,

I have asked a solicitor about this issue. He clearly said that I am exempt from the salary threshold because the job falls under the SOL list.

Thanks

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Re: Tier 2 to ILR (SOC Code - 2136)

Post by zimba » Thu Feb 06, 2020 4:01 pm

klownking wrote:
Thu Feb 06, 2020 3:41 pm
Hi All,

I have asked a solicitor about this issue. He clearly said that I am exempt from the salary threshold because the job falls under the SOL list.

Thanks
That is correct as per immigration rules. If you were assigned an SOC and anytime during the continuous 6-year period (ending on the date of application for indefinite leave to remain) your SOC ever appeared on the shortage list, then you are exempt from the min salary threshold requirement
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Tier 2 to ILR (SOC Code - 2136)

Post by klownking » Thu Feb 06, 2020 4:28 pm

Thanks, everybody for your help. Really appreciated.

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Tier 2 to ILR 28 days calculation

Post by klownking » Sat Feb 08, 2020 3:15 pm

Hi All,

Now I have found out that I will be eligible for the ILR this year as my job falls in the Shortage of Occupation list, so I am exempt from the salary threshold requirement. I want to make sure that I will be applying on time and not before the 28 days.

My Visa timelines are as follows:

Tier 2 Visa granted -- applied in the UK

From 20-08-2015 - To 30-08-2018
Got Extension From 06-09-2018 - To August 2021

am I right if I say that I will be eligible to apply for ILR on or after 24-07-2020.

Thanks

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Re: Tier 2 to ILR 28 days calculation

Post by zimba » Sun Feb 09, 2020 3:49 pm

Yes
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Re: Tier 2 to ILR 28 days calculation

Post by klownking » Sun Feb 09, 2020 4:40 pm

Thank you, Zimba. I really appreciate your help.

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Tier 2 to ILR Questions

Post by klownking » Sun Jun 14, 2020 10:28 pm

Hi Guys,

I am preparing my ILR application and going to apply next month. While filling the application I have seen this question under the English assessment section
Have you previously been granted leave to remain under Tier 2 (General) as a doctor, dentist, nurse or midwife, and passed an English Language assessment accepted by the relevant regulated professional body as a requirement for registration?
I have answered No for that because I am on SoC code 2136 which is on the SOL. I believe the answer to this question should be no in my case.
My second question is about the employer letter, should I get this letter from my manager or it has to be from the HR?
Letter format -- I hope this should be fine.
Home Office
Leeds Enhanced Service Point
Room 517, Regus,
No 2 Wellington Place,
Leeds,
LS1 4AP

Date: 17 July 2020

To whom it may concern

Name
Nationality
D.O.B

We are writing this letter in support of the application submitted by our employee XYZ for him to be granted indefinite leave to remain in the UK.

We confirm that XYZ has been employed with CompanyName in the UK since July 2015. He has therefore spent a continuous period of 5 years in the UK working for the company.

We confirm that XYZ is currently employed in the position of Software Engineer and his basic salary is XXX per annum based on 37.5 hours/week. We confirm that his job matches SOC code 2136. Mr XYZ, therefore, receives above the minimum salary required for this role.

We also confirm that it is our intention to retain Mr XYZ in this employment in the UK for the foreseeable future.

He was absent from the United Kingdom, for the following periods:

Date Out
Date In
Total Days
Reason - Description

We also confirm the authenticity of the payslips provided in support of his UK immigration application.

Should you require any further information, please do not hesitate to contact the undersigned.

Yours faithfully

[ NAME] – Administration Manager
For & On Behalf of CompanyName

Listed below are the documents: are they enough?
  • Passport (Old / New)
    BRP card
    Life in the UK test pass notification letter
    Signed Home Office consent form
    1-month bank statement
    1-month payslip
    Degree Certificate -- To prove English requirement
    Employment letter from current Employer (SOC, Salary, Working hours, Required for foreseeable future, Absences included)
And One copy of all the above original documents
My last question is, after submitting documents through Sopra do they keep the passport and the documents or just the scanned copies?
I really appreciate your help.

Thanks

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Re: Tier 2 to ILR Questions

Post by zimba » Sun Jun 14, 2020 11:15 pm

Answers and evidence are good. You get the letter from whoever is the authority in the company. NO original document is taken from you
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Re: Tier 2 to ILR Questions

Post by klownking » Mon Jun 15, 2020 9:46 am

Thanks, Zimba. really appreciated.

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Re: Tier 2 to ILR Questions

Post by klownking » Sat Jun 27, 2020 11:24 am

Hi,

For my biometrics appointment, I am going to select the Leeds office. Should I address my employment letter to the Leeds office or the HO office as suggested in this thread:

https://www.immigrationboards.com/indef ... 02528.html

For the bank statement, if I take my statement in the middle of July then it should be fine if I apply at the end of July. I usually get paid last Friday of each month and the last Friday of July is the 31st of July. So, if take bank statement in the middle then I should really apply before the next payday. Please correct me if I am wrong.


Thanks

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Re: Tier 2 to ILR Questions

Post by CR001 » Sat Jun 27, 2020 11:39 am

The biomteric ukcvas is a third party agent and not ukvi. Don't use a ukcvas address as this is irrelevant to a ukvi application.
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Re: Tier 2 to ILR Questions

Post by klownking » Sat Jun 27, 2020 11:49 am

Thanks, CR001. Should I address this letter to the following:

Home Office
SET(O)
Indefinite Leave to remain
PO Box 591
Durham
DH1 9FS

Thanks

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Re: Tier 2 to ILR Questions

Post by CR001 » Sat Jun 27, 2020 12:10 pm

Yes.
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Re: Tier 2 to ILR Questions

Post by klownking » Sat Jun 27, 2020 2:16 pm

Thanks, CR001.

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Re: Tier 2 to ILR Questions

Post by klownking » Wed Jul 08, 2020 7:54 pm

Hi Gurus,

I am in the middle of filling the Tier 2 to ILR Set (O) form. In the finance section, I have got these two questions. I am applying alone and has no spouse or anybody in the application.
Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people?
Answer: Yes
Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support?
Answer: No

Please check if the given answers are correct or not.

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Re: Tier 2 to ILR Questions

Post by zimba » Wed Jul 08, 2020 11:34 pm

Do you have a joint bank account that you answered YES?
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Re: Tier 2 to ILR Questions

Post by klownking » Thu Jul 09, 2020 12:18 pm

Zimba wrote:
Wed Jul 08, 2020 11:34 pm
Do you have a joint bank account that you answered YES?
Hi,

I don't have any joint bank account. I think I know what you are saying, I should answer it No. I was wondering why it asked for a joint bank account as I am saying single everywhere in my application.


Also, why I keep getting this message.
Forbidden. Sender blacklisted. You sent forms too often. Please wait a few minutes.

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Re: Tier 2 to ILR Questions

Post by zimba » Thu Jul 09, 2020 3:17 pm

I am not sure why you get such a message. It might be the Anti Spam system flagging you up. Make sure you do not repeatedly click the post button
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Re: Tier 2 to ILR Questions

Post by klownking » Thu Jul 09, 2020 4:33 pm

Thanks, Zimba.

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