ILR SOC number change

[AnnaK]

Hi all, I am in a process of filling my ILR application. I joined a new position in march 2024 as market research analyst with SOC number was soc 3543 marketing associate professionals with standard salary of 27k, but now SOC number has changed. Now SOC 3543 is Project support officers, and market research analyst is Soc 2434 30500 salary. My current salary is 27000.

Can I use soc 3543 for my application? and ask my company to change my job title?

I would really appreciate your support

[zimba]

The Standard Occupational Classification (SOC) codes assigned to each role have been simply updated from the 2010 codes to the 2020 codes, so both your old SOC and the new 2020 SOC should effectively refer to the same role.

You CANNOT use the old SOC code or the old salary requirement. You should use the 2020 SOC to determine your salary requirement for ILR. The SOC 3543 now refers to a different role. Note that any changes to your duties or role mean that your sponsor should issue a new certificate of sponsorship and you need to secure a new skilled worker visa.

The lower going rate for your role under SOC 2434 is set at £30,600 for a 37.5 hour working week. This salary must be pro-rated if you have different weekly hours.

You need to read this post: All you need to know about salary calculations under the Skilled Worker route

[AnnaK]

Hi Zimba,

Thank you for your response. Just to clarify i applied for tier 2 visa before 4 April and at that time minimum salary for my role of market research analyst was 27000 but now it shows that it is 30600. Do I still eligible to apply for ILR?

the link you have sent says following :

The general threshold will be £29,000 or lower for those who are either:

• the date of their application is before 4 April 2030, and they were granted permission as a Skilled Worker under the rules in place before 4 April 2024, and they have had continuous permission as a Skilled Worker since then

Does that mean I am qualified to apply for ILR with my 27000 salary for SOC 2434 is set at £30,600? Thanks a lot

[zimba]

You do not qualify for ILR with your current salary. The application date which is being referred to is the date of the ILR application, NOT your initial visa application. You did not read what I posted properly.

There are TWO numbers to consider and you must be paid the higher number:

1) The general threshold which will be a fixed number and the absolute minimum you need to be paid to qualify. For you, this is set at £29,000 per annum unless you were under the shortage list or worked under certain jobs. The link I posted makes this VERY clear.

2) Your going rate which is based on your SOC. For a 37.5 working week, the minimum is set at £30,600. You are in fact benefiting from a lower going rate of £30,600 as you entered the route before 4 April 2024. The actual going rate for your position is in fact higher.

For you, the higher number from above is your going rate, so you need to be paid at least £30,600 to qualify for ILR !

[AnnaK]

Hi zimba,

thank you so much. You cant imagine how grateful I am for your response. Thank youuuu.

I have annual bonus 5000 will it make me eligible to apply for ILR if I ask my company to indicate it in the company reference letter and pay me earlier?

Or do they need to change COS to match min salary requirements? I am so confused now and thinking if there anything I can do to be eligible to apply for ILR please

[zimba]

I am afraid unless you get a raise, you cannot get ILR as your base salary must be at or above the minimum

[AnnaK]

Hi zimba,

Thank you so much for your response. I talked to my company and they are ready to increase my salary to £30,600 from september for minimum required for ILR eligibility. Can I apply for ILR in October or is there minimum months required with a new salary to be eligible. I would really appreciate your response.

Thanks

[zimba]

You need to provide the latest salary payslip and bank statement, so you need at least a month's worth of payslips.
However, note that any salary increase just to enable an employee to become eligible for ILR may be problematic.