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Hi,

I came across this UKBA link and it upsets me a lot. Can somebody kindly go through it and let me know what I read was correct.

I am currently on Tier 2 Gen visa (from feb 2012) and hoping to get ILR after 5 years, but when I read the below clause in UKBA website, I was devastated , since my job was never on shortage list. If this is true I am planning to move to a different country.

According to 245HF, Section (d) and Subpara (iii)
(iii) where a Tier 2 (General) Migrant applying for settlement is recorded (at
the time of application for settlement) by the Certificate of Sponsorship
Checking Service as being sponsored to do a job that either:
(1) appears on the list of shortage occupations published by the UK
Border Agency, or has appeared on that list during any time the
applicant was being sponsored to do that job and during the continuous
period of 5 years referred to in paragraph (c) above, or
(2) appears on the list of PhD-level occupation codes as stated in the
Sponsor Guidance published by the UK Border Agency, or has appeared
on that list during any time the applicant was being sponsored to do that
job and during the continuous period of 5 years referred to in paragraph
(c) above
I have attached the link below.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

hmmm the full text is

===================

(iii) where a Tier 2 (General) Migrant applying for settlement is recorded (at
the time o
f application for settlement) by
the Certificate of Sponsorship
Checking Service as being sponsored to do a job that either:
(1) appears on the list of shortage occupations published by the UK
Border Agency, or
has appeared on that list during any time t
he
applicant was being sponsored to do that job and during the continuous
period of 5 years referred to in paragraph (c) above,
or
(2)
appears on the list of PhD
-
level occupation codes as stated in the
Sponsor Guidance published by the UK Border Agency, o
r has appeared
on that list during any time the applicant was being sponsored to do that
job and during the continuous period of 5 years referred to in paragraph
(c) above,
sub paragraph (d)(ii) does not apply and the Sponsor that issued the
Certificate of
Sponsorship for the employment in question must certify that the
Tier 2 (General) Migrant applying for Indefinite Leave to Remain is being paid
at or above the appropriate rate for the job as stated in the codes of practice
for Tier 2 Sponsors published b
y the United Kingdom Border Agency, where
the appropriate rate or salary includes basic pay and allowances as set out in
paragraph 79E of Appendix A.

===================


Isn't it just saying that subparagraph (d)(ii) does not apply in those cases covered by d(iii)?

"(iii) where a Tier 2 (General) Migrant applying for settlement is recorded (at the time of application for settlement) by the Certificate of Sponsorship
Checking Service as being sponsored to do a job that either:

(stuff)

sub paragraph (d)(ii) does not apply and the Sponsor that issued the
Certificate of Sponsorship (stuff).

Thank you for a quick reply. Does that mean if I have a salary more than 35K I do not have to worry.

hello ravindra. I came across the same document today. I am still confused with the information? Where you able to find out exactly what that paragraph mean?

I am here on Tier 2 General from Aug 2013. I am not on Shortage Occupation List , but my salary is above £36K.
My question is am I eligible to apply for ILR in 2018.

Kindly Comment as this topic is getting very confusing.

Regards
Aditya

@adhi

With the rules now in place The short answer is, Yes you are eligible to apply in 2018.

Dont worry.

Hi
if our job is on the shortage occupation list with the correct salary rate can we get ilr even if our salary is not 35k ( say 32k)
In this case there will be three conditions to apply to ilr::
1- our job is on the shortage occupation list with the correct salary rate
2- our job is for phd level
3- our salary is 35k

Any reply please !?

There is no point thinking now whether you will be eligible for PR after 2016 or 2018. It is too early to check. UKBA are well within their rights to change the ILR eligibility from time to time and it shall apply to all applications from there on. So my advice is stop worrying and check back in 2016 as there is niothing that you and I can do anything about it.

Thanks your reply
but I just want to know if it worths taking risk looking for another job