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Hello all moderators and advisers,

I am eligible next year for ILR based on 5 years on Tier 2 Gen. I am meeting 35K salary thresold however that includes high Cost of living allowance in London.
1. So does the london living cost allowance count towards 35k salary level.

if that does not count then if I increase my hours 37.5 to 45. my employer will be happy to make my wage go pass 35k without london living allowance. so question is

2. does the salary level above 35k with contracted hours 45 makes me eligbile for ILR application?

I hope I have explained you well, hope to hear from you some guidance

asjakkas2 wrote:Hello all moderators and advisers,

I am eligible next year for ILR based on 5 years on Tier 2 Gen. I am meeting 35K salary thresold however that includes high Cost of living allowance in London.
1. So does the london living cost allowance count towards 35k salary level.

if that does not count then if I increase my hours 37.5 to 45. my employer will be happy to make my wage go pass 35k without london living allowance. so question is

2. does the salary level above 35k with contracted hours 45 makes me eligbile for ILR application?

I hope I have explained you well, hope to hear from you some guidance

Hi ,

1. So does the london living cost allowance count towards 35k salary level.
No, you cannot include that. The £35K requirement is what your salary is before tax.

2. does the salary level above 35k with contracted hours 45 makes me eligbile for ILR application?

No, £35K requirement cannot be pro rota. It has to be £35 regardless of how many hours you work.

You make sure you get £35K well before, sudden increase in salary before ILR has been cauasing people cases delayed , in worst case scnearios licenses are being revoked.

Hi,
many thanks for reply
regards to my first question- my salary is £38483 before tax. that includes living allowance as well. does that count for eligibility?
In second question- so if I do contract 45 hours per week that will take my salary above 35K without living allwance. Will that will make me eligible for ILR?

asjakkas2 wrote:Hi,
many thanks for reply
regards to my first question- my salary is £38483 before tax. that includes living allowance as well. does that count for eligibility?
In second question- so if I do contract 45 hours per week that will take my salary above 35K without living allwance. Will that will make me eligible for ILR?

What is the salary on your pay slip? That is what counts. You'll submit your pay slips along with the letter from your employed with your salary.

To your seconds question I already replied that it cannot be pro rata based. Its what you get every month.

My payslip shows pay as per 38483. it does not show basic salary and living allowance separately. So I am paying tax and NI collectively on 38483 but not only on basic salary.
Does that pass 35k thresold
sorry to annoy you with same question, but will really appreciate your help.
many thanks

asjakkas2 wrote:My payslip shows pay as per 38483. it does not show basic salary and living allowance separately. So I am paying tax and NI collectively on 38483 but not only on basic salary.
Does that pass 35k thresold
sorry to annoy you with same question, but will really appreciate your help.
many thanks

Yes if its 38K on your pay stub then yes you're safe to go BEst of luck

1 london allowance counts towards the total salary, as it is a defined benefit.
2. increasing and decreasing hours do matter. However, increasing hours will actually reduce the salary. Employer cant just increase/decrease the hours just to support the ilr if it is not being done for rest of the employees.