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Our ilr application has been refused because my salary dosent meet the experience wage stated on soc. My company paid me 35500 annual as stated on my tier 2 extension. It was the requirements two years ago.but we wasnt aware of this new change. But company gave me a hike last month to 36500 so there is a shortfall off 1000. HO saying i have to get paid minimum 37400 according cos.My question is can i go for administrative review as they clearly granted an extension for 35500 Or is there any other route. Any help would be greatful

What is your SOC???

Hi its hr manager 1135 tier 2 extension granted for 355000 annual. Do you think the administrative revoew do any help ?

The requirements for ILR is to earn a salary of either £35,500pa or what is stated as experienced in the SOC, whichever is HIGHER. What you were on when you got your extension is completely irrelevant for ILR.

So the refusal is correct as you earn below The level stated in the SOC which is actually £37,800 based on 39 hours per week.

AR is for when HO has made an error, which in your case they have not as you don't meet the income requirements.

When does your visa expire??

Your best option would be to ask your employer to increase you salary and apply again for ILR.

Hi thank you for your replay, my visa expires in dec 2019 so my employer is prepared to give that increase from this moth so how soon i can reapply? Is there sny time limit for reapplying? My soc experienced salary at time of extension was 35500 would that not take into consideration?

You can apply at any time when you have at least one payslip that shows you meet the ILR salary requirement.

Forget about your extension at x salary. It is irrelevant for your ILR application.

For ILR you must meet the CURRENT experienced salary stated in the SOC if it is higher than the minimum ILR level.

Thank you for your replay one more question is it going to harm my furture application if i go for administrative review and refuse again?

No. AR will fail as HO did not make an error.

Ok thank you for your help i am going to reapply in 3 months once i have another 3 ameded payslip to be on the safe side. Is there anything else i have to be careful when i make the future application. Your advise helped me yo alleviate some of the stress. Thank you

As long as you meet the requirements there should be no issue.

However you must check appendix j for your SOC code to make sure the salary details have not changed nearer the time.

Ok will do, also do you think one month payslip is enough with new wage as i am waiting to be paid so i can get my salary changed for this month and apply again begining of next month or do you think i have to wait few month being paid with new wage?How the rules work around this or where can i find this information.