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Hello,

I have a PhD and have been working on Tier 2 Visa for the same employer since Oct 2009. I am due to apply for ILR in August 2014.

Here's the scenario that makes me worry. I've been on the same salary since OCT 2009. approximately 23000£. I work as a scientist and the SOC code used last time during renewal (Tier 2 renewed July 2012) was 2119.

CODE 2119 states
Salary rates: New entrant: £20,300* / Experienced worker: £26,000

* [or £20,000 for applicants who entered Tier 2 under the Rules in place before 6 April 2011 and are
not subject to the experienced worker rate]

Now should I be assuming that I'm exempt from Experienced worker rate for ILR as stated above or should I be earning atleast £26000 to become eligible for ILR? Does having PhD help coz I have heard that PhD candidates are exempt from 35000£ salary rule starting 2016 (of course this has nothing to do with me as I am applying in Aug 2014)?

Any insight would be appreciated.

Thanks

Any guru who can answer my query. This question has been posted more than 3 days ago and so far no response yet

Anyone?
Thanks

Looks like you are exempted . That said , can you ask your company to pay you at least minimum which is in place ? If they agree then good for you and your ILR.

dk2011 wrote:Looks like you are exempted . That said , can you ask your company to pay you at least minimum which is in place ? If they agree then good for you and your ILR.

Thank you so much dk2011.
It certainly relieves some pressure.
I tried searching this forum for similar posts but to no avail. Do you know or have you heard of anyone in similar situation.
Thanks once more time.
Shree

No . I havev't heard from anyone but i read SOC code guidlines and can confirm that your understanding is correct . However , you haven't still answered my question . Did you check with employer regarding salary revision ? I have read many cases in this forum where salary was increased to meet the minimum criteria.

dk2011 wrote:No . I havev't heard from anyone but i read SOC code guidlines and can confirm that your understanding is correct . However , you haven't still answered my question . Did you check with employer regarding salary revision ? I have read many cases in this forum where salary was increased to meet the minimum criteria.

My apologies I forgot to answer that part.
Well my field of study is very narrow and as such I'm very lucky to have been in a job for close to 5 continuous years in UK. My employer is smart and has only increased my salary once and guess what.. by 10£/month. He knew I wanted ILR and also there's no chance of me finding any other job in UK, unless I had a permanent residence.
In all honesty I let myself be taken advantage of far too much, but then I wanted ILR. I can't wait for the day I get my ILR. I will quit, go home for couple of months as its been quite a while and then come back fresh for the next chapter of life...Assuming I get it done.
On salary increase front, I might just ask him, but you do you think the case worker would object on the grounds that it was only increased a couple of months ago (assuming I am not exempt)?

Thanks
Shree

[quote="shrinivasmukherjee"][quote="dk2011"]No . I havev't heard from anyone but i read SOC code guidlines and can confirm that your understanding is correct . However , you haven't still answered my question . Did you check with employer regarding salary revision ? I have read many cases in this forum where salary was increased to meet the minimum criteria.[/quote]
My apologies I forgot to answer that part.
Well my field of study is very narrow and as such I'm very lucky to have been in a job for close to 5 continuous years in UK. My employer is smart and has only increased my salary once and guess what.. by 10£/month. He knew I wanted ILR and also there's no chance of me finding any other job in UK, unless I had a permanent residence.
In all honesty I let myself be taken advantage of far too much, but then I wanted ILR. I can't wait for the day I get my ILR. I will quit, go home for couple of months as its been quite a while and then come back fresh for the next chapter of life...Assuming I get it done.
On salary increase front, I might just ask him, but you do you think the case worker would object on the grounds that it was only increased a couple of months ago (assuming I am not exempt)?--[b] No . They won't . I have seen many cases where it was increased covering last three months period and they were fine . I guess you need minimum last three months. As per SOC guideline you should be fine with existing salary as well . Just keep the printout of related page of SOC guideline which you can produce and dicuss with CW if required.[/b]Thanks
Shree[/quote]

Hi,

The salary threshold for CODE 2119 seems to be £26,000 for experienced worker (more than 3year 1 month experience). Please double check.

These pay thresholds apply to all other Tier 2 applicants, including those who were previously classed as new entrants when they apply to extend their total stay in Tier 2 and/or as a work permit holder beyond 3 years and 1 month (the
maximum grant for initial Tier 2 applications). The experienced worker pay thresholds also apply to
work permit holders who are applying to switch into Tier 2 or to settle in the UK.

john353 wrote:Hi,

The salary threshold for CODE 2119 seems to be £26,000 for experienced worker (more than 3year 1 month experience). Please double check.

These pay thresholds apply to all other Tier 2 applicants, including those who were previously classed as new entrants when they apply to extend their total stay in Tier 2 and/or as a work permit holder beyond 3 years and 1 month (the
maximum grant for initial Tier 2 applications). The experienced worker pay thresholds also apply to
work permit holders who are applying to switch into Tier 2 or to settle in the UK.

Whoaah!! Thanks for the info.
dk2011 - can you provide me any insight into this. I just found the pdf document linked to the Home Office website. Here is the link. Check page 5 .
http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf
Please let me know if that will affect my chances. Thanks once again!!

I'm not sure after reading this again . john353 point seems valid . Asking employer to raise your salary for last three months seems the best bet for you.

dk2011 wrote:I'm not sure after reading this again . john353 point seems valid . Asking employer to raise your salary for last three months seems the best bet for you.

Well I want that as last resort, as one of my work colleagues just said, he is looking for a possible replacement for me. Damn!! I guess I will look for lawyers right now. Any lawyer/s you would recommend?

Thanks