Tier 2 to ILR

[raheem_ehsan]

Hi Everyone,

I need your kind and urgent help please!

I am about to apply for ILR Set (o). I have been on Tier 2 (general) since 2016 September with the same company.

During the first half of my visa, My salary was paid less than what it was mentioned on the CoS for 37.5 hours/week. However, during the Home Office visit at one point the company managed to inform them that this was due to reduced working hours and then salary was upped to the correct level with 37.5 h/w.

The next half of my visa (current) for the first few months (just before the pandemic) from October until December 2019, my salary wasn't updated and I was continued to be paid at entry level, which was £25,800 at the time. Later from January 2020, it was increased by only so much that it would be at just above £30,000 at reduced hours (33 hours/w). Whereas, appropriate salary was £33,500 at 37.5 h/w as mentioned on the CoS.

Now, since May this year (2021) I am being paid just above the going rate for the SoC code at 37.5 hours/w which £34,700.

During all this time, my employer did not inform the UKVI via the SMS portal regarding the salary reduction due to reduced working hours (not less than 33 hours/w and it never was less than this).

Could you please let me know the following

1) Is there something that UKVI in particular be cautious about my application?
2) Should I mention about the reduced hours in the covering letter?
3) Was £30,000 salary below the appropriate salary of £33,500 at 33 hours/w when calculate against 39 hours/w?
4) The company has made a few corrections in my tax filings due to their financial system errors during this period, is that going to be a problem for me?

I would be very glad if any one from the expert shine their light on this for me. @Casa @CR001 @Zimba

Thanks and regards,

Raheem

[zimba]

I previously covered the salary calculation under the skilled worker rules in detail: indefinite-leave-to-remain/ilr-minimum- ... l#p2027869

[raheem_ehsan]

Thank you so much Zimba,

That gives a bit of a relief that I do currently meet the salary requirement at this point.

However, I have two questions that I am struggling with.

1) The employer did not update SMS system all this while. What's the best course of action for me. Should I ask the employer to do that now or I mention about the reduced hours during my tenure in the covering letter?
Clearly, the salary was below the SoC level but within the legal range.

) The company has made a few corrections in my tax filings due to their financial system errors during this period, is that going to be a problem for me?

I really appreciate your help with this.

Thanks and regards,

Raheem

[zimba]

The sponsors have duties they must follow. You simply have to remind them of these. It is up to them to act. What's important is the correct going rate and that depends on your working hours

https://www.gov.uk/government/publicati ... ing-duties

[raheem_ehsan]

Thanks for the information Zimba. Much appreciated.

Does that mean, I will be judged based on the hours mentioned on the CoS (37.5 h/w) and if that's the case then I was underpaid for a while (£30,000 instead of £32,211). Am I correct? Please let me know how can I come out of this

SoC 2124 - £33,500. at the time of Tier 2 Extension.
SoC 2124 - £34,700. Current

Thanks and regards,

Raheem

[zimba]

I showed you how to pro-rate the salary based on your weekly hours. The min salary under SOC is based on a fixed weekly hour Go back and read what I showed several times

[raheem_ehsan]

Hi Zimba,

I think I understood what you mentioned in the salary calculation post.

"Find out the min going rate based on the weekly hours and the rate under the SOC code (pro-rate if the applicant has different weekly hours). Compare this value to the current salary. If the current salary is higher go to step 2, otherwise the applicant is not eligible."

Based on this, I am CURRENTLY eligible. That's sorted.

However, my question was specific to the PERIOD IN THE PAST when I was underpaid.
I was paid £30,000 for around 33 hour per week. Whereas, it really should have been £32,211 as per the calculation based on SoC mentioned salary £33,500 for 37.5 hours per week.
If I understood correctly from your post, I may still be eligible EVEN for this period based on general threshold BUT not when I pro rate. Please kindly confirm.

Could you kindly let me know what am I finding difficult to understand from the rules. It would help me a lot if I can understand clearly whether I was eligible or not DURING THE PERIOD MENTIONED ABOVE.

I really thank you for your patience with me. I probably am overthinking and overlooking something, whereas I hopefully have nothing to worry about. I just need your kind help to reach that peaceful state of mind.

Thanks and regards,

Raheem

[zimba]

What happened during the Tier 2 visa period must be ignored. When it comes to the ILR, what you are getting paid at the moment is only relevant

[raheem_ehsan]

Thank you so very much Zimba for staying connected with me.

This is very reassuring that what matters now is my current salary which is above the going rate. So I should hopefully be ok!

The concern for me is the statement from "Skilled Worker Case Worker Guidance" under "Settlement" section that says,

You should check the applicant’s PAYE records for the past 12 months.

If the case worker decides to dig in and find out the salary at below SoC level at some point earlier this year, I wanted to know whether I should be prepared for that moment during my visit to the appointment centre (planning on super priority service).

Thanks and regards,

Raheem

[zimba]

It is unlikely that would happen. I suggest applying for ILR rather than worrying for no reason

You should check the applicant’s PAYE records for the past 12 months.

Until automated PAYE checks are available, applicants should provide a payslip and
either a bank/building society statement or building society pass book, covering their
most recent month’s pay, with their application. These documents should be dated
no earlier than 31 days before the date of application. You do not need to check their
records for the past 12 months unless you have particular concerns.

[raheem_ehsan]

Thank you so very much again Zimba!

Yours and all the other members of the group's time and help is much appreciated and will be remembered along with my journey in the UK as an immigrant

I shall proceed with the application now and I promise to be in touch with you guys for any help that I may need and with further updates.

Thanks and regards,

Raheem

[raheem_ehsan]

Dear Zimba and Everyone,

I am in the process of submitting my application. I have stumbled upon a question and I hope you will help me with an answer.

During the past five years, I have made several business visits to Europe. Majority of the trips were towards the end of the week or at the beginning of the week so that I can take some time visiting the places around the location of my stay during the weekend. My question is, whether the absence letter from the employer should mention about the weekend stay as leisure along with the business reason?
Please kindly help me with this question.

Thanks and regards,

Raheem

[zimba]

No. This is a common misconception. The letter simply have to conform that all absences from work were permitted by the sponsor

[raheem_ehsan]

Dear Zimba,

Thank you so very much for the answer. I just submitted the application and reserved the appointment on the 25th of November. I will update you and everyone how it goes.

Should I submit some sort of evidence (eg. photos and letters) for personal holidays taken during the past five years to visit India? I would really appreciate your kind clarification.

Thanks and regards,

Raheem

[AmazonianX]

Dear Zimba,

Thank you so very much for the answer. I just submitted the application and reserved the appointment on the 25th of November. I will update you and everyone how it goes.

Should I submit some sort of evidence (eg. photos and letters) for personal holidays taken during the past five years to visit India? Not required. I would really appreciate your kind clarification.

Thanks and regards,

Raheem

[raheem_ehsan]

Dear AmazonianX, Zimba and Everyone,

Thank you so much for the response. It is very much appreciated

Hopefully, one last question I have is whether do I need to attach any evidence to show that I am living with my Tier 2 dependant family (wife and child). Or, it is completely irrelevant. Please kindly let me know.

Thanks and regards,

Raheem

[raheem_ehsan]

Dear Zimba, AmazonianX, CR001 and Experts,

I am now very close to attend my biometric appointment on the 25th of November. However, I have a very important questions that is shaking my confidence in my application.

Around the end of 2018, I was riding an e-scooter and jumped the red signal. I was immediately stopped by a police van (possibly with PNC enabled). They asked for my name and address and then after checking (or I don't know what they did with it inside the van) gave me a verbal warning (nothing was signed or written given) and asked me not to ride it any more. I was let go with just a verbal warning.

Now, my worry is, because they took my details, would they record it somewhere in the system that could appear if thoroughly checked by UKVI?

Should I declare it in the covering letter any way (as I have already submitted the application) to avoid possible refusal for not declaring it.

Please help me ease off my worry just close to the appointment. I would be so grateful to your expert opinion.

Thanks and regards,

Raheem

[AmazonianX]

Dear Zimba, AmazonianX, CR001 and Experts,

I am now very close to attend my biometric appointment on the 25th of November. However, I have a very important questions that is shaking my confidence in my application.

Around the end of 2018, I was riding an e-scooter and jumped the red signal. I was immediately stopped by a police van (possibly with PNC enabled). They asked for my name and address and then after checking (or I don't know what they did with it inside the van) gave me a verbal warning (nothing was signed or written given) and asked me not to ride it any more. I was let go with just a verbal warning.

Now, my worry is, because they took my details, would they record it somewhere in the system that could appear if thoroughly checked by UKVI?

Should I declare it in the covering letter any way (as I have already submitted the application) to avoid possible refusal for not declaring it.

Please help me ease off my worry just close to the appointment. I would be so grateful to your expert opinion.

Thanks and regards,

Raheem

In my opinion, you were not prosecuted and or fined /criminal charge so should not exercise any fear or worry, you should be fine.

[zimba]

Dear Zimba, AmazonianX, CR001 and Experts,

I am now very close to attend my biometric appointment on the 25th of November. However, I have a very important questions that is shaking my confidence in my application.

Around the end of 2018, I was riding an e-scooter and jumped the red signal. I was immediately stopped by a police van (possibly with PNC enabled). They asked for my name and address and then after checking (or I don't know what they did with it inside the van) gave me a verbal warning (nothing was signed or written given) and asked me not to ride it any more. I was let go with just a verbal warning.

Now, my worry is, because they took my details, would they record it somewhere in the system that could appear if thoroughly checked by UKVI?

Should I declare it in the covering letter any way (as I have already submitted the application) to avoid possible refusal for not declaring it.

Please help me ease off my worry just close to the appointment. I would be so grateful to your expert opinion.

Thanks and regards,

Raheem

This has no effect. Stop being paranoid

[raheem_ehsan]

Dear AmazonianX and Zimba,

Thank you so very much for your help. It is greatly appreciated.

As Zimba pointed out, I believe I am indeed paranoid at the moment, quite possibly for no reason

It is just the experiences of these below users on this forum that have made me think twice before making a decision. Their experience apparently tells me to declare the incident just in case ( only if that is not going to cause an unnecessary draw of attention of the case worker).

indefinite-leave-to-remain/tier-2-to-il ... l#p1658465

uk-tier-2-employer-sponsored-visas/tier ... l#p1658595

One of the experts (I believe) suggests to declare it just to be safe and avoid finding out that one should have declared such situations in the first place, not when it is too late.

uk-tier-2-employer-sponsored-visas/a-ve ... l#p1510705

Now, I am still in dilemma ( or perhaps could still be paranoid) that what if I just mention about this incident briefly in the cover letter without giving too much details. Is that going to draw an unnecessary attention of the case worker in negative direction?

I have been searching a lot on the internet, the difference between the verbal warning/caution/ warning and I found one such article which probably increased my paranoia.

The statement "The police can also sometimes give informal warnings, which effectively amount to a verbal ticking off. The officers may take a note of your name, which can be stored on their local records, but it will not create a record on the PNC." from the link below caught my attention.

https://policecautions.uk/2020/12/13/ho ... e-caution/

I thank you for being so patient with me and your continuous assistance regardless of my silly questions on different occasions. I will try not to waste your valuable time after this question and hopefully report you guys soon of a blessed outcome. I look forward to your final comments on this question please.

Thanks and regards,

Raheem

[vinny]

As Zimba pointed out, I believe I am indeed paranoid at the moment, quite possibly for no reason

You are not alone in feeling paranoid.

Declare succinctly?

See also Criminality Guidance.

[raheem_ehsan]

Dear Vinny, AmazonianX and Zimba,

Thank you so very much for your inputs.

I tried to carefully go though the document shared by Vinny (Thanks again) to the best of my ability and found the below statement. Based on that I hopefully do not need to declare the incident/ I hope my interpretation is correct.

Simple cautions are not covered by the exemption in Section 4 of the Rehabilitation
of Offenders Act 1974. This means that simple cautions do not need to be declared
and failure to do so is not in itself a basis for refusal. Even if an applicant does
choose to declare spent cautions, you must not take these into account in your
assessment of their criminal history. You can only consider unspent cautions for that
purpose.

@Vinny, were you mildly suggesting to declare the incident in brief words?

Thank you a lot everyone!

Kind regards

Raheem

[zimba]

What you have been given is a verbal notice. It is NOT a formal police caution. The reason I describe this as paranoid is that the rules covering the ILR refusal are very clear however as you just demonstrated, you may interpret things differently if you are not familiar with police procedures or immigration rules.

[raheem_ehsan]

Dear Zimba, AmazonianX and Vinny,

I hope you guys are doing well!

I have a very quick question. Do I need to provide address proof for the last five years?

I believe it is irrelevant, am I correct in my conclusion?
I wasn't asked for the past five year addresses when filling the form.

Thanks again for your generous help and have a good evening!

Kind regards,

Raheem

[zimba]

No need