Tier 2 to ILR salary requirements

[avrikua]

Hi all,


I am on Tier 2 General for almost 2 years now and will be able to apply for ILR in January 2020.

However, I am not sure if I qualify due to the salary threshold. I believe it's £35800 if I were to apply in January.
My basic salary is £28000, but I also have bonuses, which tip me over the threshold.

My question is whether these bonuses will be considered by Home Office? Any help would be really appreciated!

[CR001]

If you have been on tier 2 for 2 years, what was your immigration status before this?

What is your current SOC??

Are you bonuses guaranteed, having been stated in the RLMT as guaranteed and stated as such in your contract of employment? Only certain allowances are accepted.

[avrikua]

Hello,

I qualify for ILR at the end of January, 2020. My basic salary, however, is 27800 plus, I get bonuses, around 5K a year.
My company is willing to change my bonuses to my basic salary and make sure I get the threshold (£35800), however I am not sure id the Home Office will flag this? What will be the best way to get this done, please?

From what I understand, if I don't qualify and change to ILR, after 6 years I have to have a cooling off period and leave the country?

I hope someone was in the similar situation before and had a positive outcome.

Thank you.

Best regards,
Mila

[CR001]

Topics merged where you already asked this question and have not responded to my questions.

Note any sudden large salary increase shortly before applying for ilr will be an instant red flag to ho.

[avrikua]

Hi, sorry about that, completely lost track of this topic.


It will be 5 years for me in January 2020. My SOC code is 2472.

My bonuses are not guaranteed, at least I think so. But the company is willing to change that, if this helps the situation.

I am not sure what is the best way forward, as I am afraid I will reach my coming off period and will be forced out of the country.

[CR001]

If your bonus is not guaranteed, and the RLMT and CoS would state if it was, then you cannot use it and only your salary will count.

Getting such a substantial increase right before applying for ILR will almost certainly raise HO concerns and prompt an investigation and visit to your sponsor, with potential revocation of licence. This will delay any decision on your ILR. The view of HO would be if you are worth such a large increase 1 month before applying for ILR, why were you not worth that salary before and will question whether your job is genuine.

[avrikua]

If your bonus is not guaranteed, and the RLMT and CoS would state if it was, then you cannot use it and only your salary will count.

Getting such a substantial increase right before applying for ILR will almost certainly raise HO concerns and prompt an investigation and visit to your sponsor, with potential revocation of licence. This will delay any decision on your ILR. The view of HO would be if you are worth such a large increase 1 month before applying for ILR, why were you not worth that salary before and will question whether your job is genuine.

Yes, it totally makes sense. But is there a way to get an increase, and wait a few months, 3 or 6, prior to applying?

Maybe there are stages, like converting bonuses into a base salary, followed by an increase in 3-4 months, followed by application in another 3-4 months?

I am not sure if anyone had a similar situation and what was the solution? Or is the only way is to wait and get deported/leave in a year?

[CR001]

HO will still be very interested to know if it is only you getting these big increases or if it is a company wide all employees benefiting from nice increases too.

HO have full access to your entire HMRC record, which is checked when you apply for ILR.

[avrikua]

HO will still be very interested to know if it is only you getting these big increases or if it is a company wide all employees benefiting from nice increases too.

HO have full access to your entire HMRC record, which is checked when you apply for ILR.

What would your advice be in my case?