ILR set(LR) 10 year route

[Nilang]

Hi dear Moderators,
I am eligible to apply for ILR (LR) based on 10 years from March 2020 or ILR (tier 2) based on June 2020 . How ever due to being furloughed my salary dropped below the required level.

1) If I apply ILR (LR) my wife wouldn’t qualify for ILR as she still has been in uK for 7 years 2 months. So please advice me what is the best option for me to do during this unprecedented time? We both have visa till June 2021.
2) is it mandatory for my wife to change immediately to FLR M if I apply for ILR based on 10 years. Can we delay it for October or later??
Many thanks for your time for answering my question.

[zimba]

FLR(M). She is expected to do it before any travelling outside the UK

[Nilang]

Thank you very much Zimba for prompt reply.
1)
Also kindly let me know is it important to get a letter from employers from both regarding the income /salary.? For both ILR (LR) and FLR M
2)Can the FLR M applicant be in maternity ?
3)can we not apply FLR M for 2 kids as they were born in UK.?
4) is there any particular bank balance necessary ?
Thank you very much.

[zimba]

SET(LR) has no financial requirement.
FLR(M) financial requirements depends on your circumstances and on whether you or your partner (or both together) want to use the incomes to qualify.
Read the relevant guide carefully and figure out under what category she should satisfy the income requirement: https://assets.publishing.service.gov.u ... -ext_1.pdf

Any questions regarding the FLR(M) should be posted in this subforum: immigration-for-family-members/

UK born children can be directly registered as British using form MN1 when you are granted ILR. Any citizenship related questions must be posted in this subforum: british-citizenship/

[Nilang]

Thank you very much Zimba for directing me to the links.

Im in the process of filling the online form of SET (LR) and there is a questiion;

Do you have any Home Office reference numbers? (Required)
If you have previously made an application to remain in the UK, you can find a reference number on letters from the Home Office, called 'Our Ref' or 'Case ID'. If not known, select 'No'.

does that mean can i apply the reference I got during my tier 2 extension application which was my most recent application to home office in 2018?

thank you very much for your kind replies.

[vinny]

How ever due to being furloughed my salary dropped below the required level.

Changes to the minimum income and adequate maintenance requirement

If your salary has reduced because you’re furloughed, we will take account of your income as though you’re earning 100% of your salary.

Although this was allowed for applicants under Appendix FM, are there any legitimate expectations that this applies for other categories?

Else, Do employers have to top up salaries of sponsored employees?

It is unclear whether employers need to comply with the Tier 2 minimum salary requirements where a Tier 2 migrant is furloughed. Employers should consider topping up salaries where the new reduced salary does not meet the Tier 2 salary level for that role

See also Can I still apply for indefinite leave to remain if I am furloughed or made redundant?

[Nilang]

Dear Moderators,
1)I want to make sure for a person applying for ILR based on long residence on 10 years
" You've been in the UK legally for 10 years (Long Residence)"?? is this the one?

2)also I believe the set of forms I need to fill is SET(LR)?
3)How ever I was filling the SET(LR) and finally it ask documents and evidence to prove details about my wife and children as well. I am worrying about this as ILR applications is specifically about me and wandering why they need details and documents of my wife and children.
4)my second son was born last month and we don't have any documents to prove his information as birth registration offices are still closed.

please advice me on this matter. Thank you very much for your time.

[zimba]

Dear Moderators,
1)I want to make sure for a person applying for ILR based on long residence on 10 years
" You've been in the UK legally for 10 years (Long Residence)"?? is this the one?

2)also I believe the set of forms I need to fill is SET(LR)?
3)How ever I was filling the SET(LR) and finally it ask documents and evidence to prove details about my wife and children as well. I am worrying about this as ILR applications is specifically about me and wandering why they need details and documents of my wife and children.
4)my second son was born last month and we don't have any documents to prove his information as birth registration offices are still closed.

please advice me on this matter. Thank you very much for your time.

Please do not start a new post and ask all your SET(LR) questions in this thread.
SET(LR) is the correct form. Also see: indefinite-leave-to-remain/ilr-set-lr-t ... l#p1857483

[Nilang]

Hi moderators,
I have seen from commends and advice that ILR based on 5 year tier2 route doesn’t have any ease of rules due to coronavirus and drop in salary due to being furloughed !

I am in still 2 minds wether to apply ILR tier2 route now with furloughed salary or wait till until I go back to full salary.

Wandering anybody who have applied with furloughed salary and success story or rejections?

Thank you very much!

[zimba]

Hi moderators,
I have seen from commends and advice that ILR based on 5 year tier2 route doesn’t have any ease of rules due to coronavirus and drop in salary due to being furloughed !

I am in still 2 minds wether to apply ILR tier2 route now with furloughed salary or wait till until I go back to full salary.

Wandering anybody who have applied with furloughed salary and success story or rejections?

Thank you very much!

You cannot apply when you are furloughed

[Nilang]

Hi Zimba, thank you very much for the confident answer. I feel more confident on your answers as it portrays the the publishes given by the UKVI.

However I today contacted UKVI contact centre and asked the same question regarding being furlough and minimum earning . He just said it won’t be a problem . How ever I was not very convinced by his answer.
What if in my letter it’s written the employee is currently furloughed and will reinstate the salary once they started to operate. I am working in Sixth form college. So they won’t open until September.

[zimba]

Hi Zimba, thank you very much for the confident answer. I feel more confident on your answers as it portrays the the publishes given by the UKVI.

However I today contacted UKVI contact centre and asked the same question regarding being furlough and minimum earning . He just said it won’t be a problem . How ever I was not very convinced by his answer.
What if in my letter it’s written the employee is currently furloughed and will reinstate the salary once they started to operate. I am working in Sixth form college. So they won’t open until September.

There is no immigration helpline. Those advisors are third parties who often give incorrect advice (leading to many cases of refusals reported by members over the years). Don't rely on telephone conversations nor correspondence with the Home Office. I suggest to wait until you are back to normal working conditions as there are no relaxations of the ILR rules for Tier 2 migrants (so far)

See: https://www.freemovement.org.uk/worried ... d-to-know/

If you are due to apply for indefinite leave to remain (aka settlement, or ILR) and your salary has recently been cut due to furloughing, this could have implications for an ILR application. There is a minimum salary threshold for a Tier 2 (General) ILR application, currently £35,800.

[Nilang]

Hi Moderators,
I am wandering wether any news Regarding furloughed employees with 80% salary qualify for ILR application ,but was above minimum threshold salary before been furloughed?

I still didn’t find any clarification or updates regarding this matter.
Thank you very much.

[zimba]

Hi Moderators,
I am wandering wether any news Regarding furloughed employees with 80% salary qualify for ILR application ,but was above minimum threshold salary before been furloughed?

I still didn’t find any clarification or updates regarding this matter.
Thank you very much.

You cannot be furloughed at the time of application. You should be paid normally above the required thresholds

[Nilang]

Thank you Zimba for your answer. And also sorry for asking the same question again and again.
however i today manage to call CIH help line which is different to what i called last time. and he said confidently furloughed has no impact on the minimum salary and considered as 100% .

But i still go with your advice as it make sense that they haven't issued any guidelines regarding this.

[Nilang]

Hi moderators,
I need your kind advice to clarify after the discussion as I realized one important point as scanning through discussions by other individuals.

if my salary is furloughed but it is greater than SOC although less than 36,200 and it was above 36,200 for more than six month until the pandemic is declared, would I qualify to apply for ILR under tier 2 set O
until April 1 2020 salary was >36,200
from April 1 ,
SOC code < furloughed salary < 36,200

please advice me on this matter.

thank you

[CR001]

Set LR has NO salary requirement that must be met!!

[Nilang]

Set LR has NO salary requirement that must be met!!

Hi CR001,
Sorry my question was on Tier 2 route to ILR

[zimba]

Set LR has NO salary requirement that must be met!!

Hi CR001,
Sorry my question was on Tier 2 route to ILR

You are asking the same thing over and over again. If your salary is below the SOC or the min threshold you will be refused ILR. What it was in April is irrelevant. If you are getting paid less than the threshold, you will fail the Tier 2 requirements as per rules