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Applying ILR after 5 years tier 2 pls help

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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sangeetharaman89
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Applying ILR after 5 years tier 2 pls help

Post by sangeetharaman89 » Sat Sep 14, 2019 7:37 pm

Dear all,

I work as a Microbiology officer in the SOC code 2112 Biological scientists and biochemists.I have completed my 5years and 4 monthsin Tier2 and now eligible for applying ILR.

Previously I have worked as a Bioinfrmatician in the SOC code 2119 from May 2014 till April 2017. Then switched to a new employer in 2017 May for the SOC code 2112-Occupations skilled to PHD level.

I am 9 months pregnant now and soon going on maternity leave. My employer agreed to do a raise in my salary as per the current salary requirement for the SOC code which is £29200.

But currently he is not sure whether I require £35000 for my ilr an dtold me get confrimation from homeoffice,

When I read in the guidance and forums it looks like Occupation skilled to Phd level is exempted for the £35000 salary threshold.

Please can anyone confirm this. Being going on maternity soon and my visa expiring while im on my maternity
leave (april 2020) i am so much stressed about this and making my baby also suffer.

How can I get the confirmation from home office regarding this.

Pleasehelp with your valuable guidance.

Thanks,
Sangeetha.

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zimba
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Re: Applying ILR after 5 years tier 2 pls help

Post by zimba » Sun Sep 15, 2019 2:03 am

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;

• 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
Guide: https://assets.publishing.service.gov.u ... 8-2019.pdf
Appendix J (SOC code 2112 is at the PhD level) : https://www.gov.uk/guidance/immigration ... illed-work
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

sangeetharaman89
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Posts: 55
Joined: Fri Oct 18, 2013 8:32 pm

Re: Applying ILR after 5 years tier 2 pls help

Post by sangeetharaman89 » Sun Sep 15, 2019 5:28 pm

Thank you so much for the reply Zimba...

How can I get an email confirmation from UKVI regarding this point..

Pls reply...

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CR001
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Re: Applying ILR after 5 years tier 2 pls help

Post by CR001 » Sun Sep 15, 2019 5:29 pm

Why do you need an email to confirm this when the immigration rules are clear. HO do actually know the rules!!!
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sangeetharaman89
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Re: Applying ILR after 5 years tier 2 pls help

Post by sangeetharaman89 » Sun Sep 15, 2019 6:46 pm

My employer asking for an email confirmation :roll:

It is very clear in guidance I knew ... but my employer was very stubborn he needs the email confirmation:'(

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zimba
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Re: Applying ILR after 5 years tier 2 pls help

Post by zimba » Sun Sep 15, 2019 7:58 pm

sangeetharaman89 wrote:
Sun Sep 15, 2019 6:46 pm
My employer asking for an email confirmation :roll:

It is very clear in guidance I knew ... but my employer was very stubborn he needs the email confirmation:'(
Why would Home Office confirm the contents of the immigration rules and guide they already published publicly ??!
Point your HR person to the sources provided and tell him to stop being obtuse :? If it helps, remind them that they are a Tier 2 sponsor and is part of their duty as per rules to understand and follow Tier 2 rules and their sponsor duties.
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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