Immigrationboards.com

Hello,
I’m after some advice about applying for ILR from tier 2 visa please.

I’m just about to reach the 5 year mark, so looking to apply for ILR soon. I’m employed full time in a healthcare role on the shortage occupation list, but I’m currently on maternity leave.
I plan to have applied and have a decision (with paying for priority) before I go back to work but I would like to return to work part time.

So I’m trying to figure out if returning part time to work is going to affect my ability to get ILR. My understanding is that there will be no salary requirement as I’m in a shortage job but I just wondered if anyone could confirm that I’m right about this or if there are any other requirements I wouldn’t be meeting if I return part time?

Thanks very much!

The issue is that for the ILR application you’ll need a letter from your employer confirming that they still require you to work for them for the foreseeable future and that the you are paid, and will be paid for the foreseeable future, at least the salary which complies with para 24.3 of the immigration rules.

According to para 24.3 of the immigration rules your pay must satisfy all three of the following requirements:
£20,489 p.a., £10.19 per hour and if your occupation code is listed in Table 1 or Table 2 of Appendix Skilled Occupations, at least the going rate. Pay bands are listed in Table 3

Going rates in Table 3 are per year are based on a 37.5-hour week. They must be pro-rated for other working patterns, based on the weekly working hours stated by the applicant’s sponsor.

Note that once you have ILR you will be free from immigration control and can work any hours or not at all.

The 100% going rate does not apply to the people under the shortage occupation list as far as I know. So I guess only min salary threshold applies

indefinite-leave-to-remain/ilr-minimum- ... l#p2027869

Zimba wrote: ↑

Fri Oct 14, 2022 11:34 pm

The going rate does not apply to the people under the shortage occupation list as far as I know

please see SW 24.3/B

For people under the shortage list option D applies, so the relevant rules will be SW 11.1. to SW 11.6.
The salary requirement is below as per the guide for option D. So a salary should be pro-rated for part-time salary and meet the following:

At least:
- £20,480; and
- £10.10 per hour; and
- 80% of the pro-rated going rate

https://assets.publishing.service.gov.u ... worker.pdf

Zimba wrote: ↑

Sat Oct 15, 2022 1:37 pm

For people under the shortage list option D applies

The option D you refer to is to do with scoring tradeable points for SW visa applications. For settlement applications SW24.3 applies where there are only 3 options (A, B, C) and option B applies to the OP.

She is a healthcare worker in a shortage occupation. She did not say what her occupation was but, say, it is SOC 2231 (nurse). For the going rate for this SOC code Table 2 in Appendix Skilled Occupation refers to Table 3 in the same Appendix where the going rates are listed for each payband. Whatever her payband the pay mentioned in the employer's letter should satisfy all three requirements:
* the going rate according to her payband as listed in in Table 3 (without any reduction) pro-rated if her working hours are not 37.5 hours p.w
* £20,480 p.a.
* £10.10 /hour.

You are indeed correct. So the salary calculation I covered before applies here: indefinite-leave-to-remain/ilr-minimum- ... l#p2027869

Thank you both for your input, it's very helpful as there was a lot I wasn't aware of.

My occupation code is 2223, and the going rate in Table 3 is £32,306. So if I return to work for 22.5 hours per week and my annual salary is £25,612 for those hours then I would meet the requirements for ILR, is that correct?

Thanks!

Hello,

I am planning to apply for ILR in the next couple of weeks hopefully. I am currently on a tier 2 visa but I have been on maternity leave for the last year. My maternity leave has officially just come to an end, but I am not actually back at work yet as I am using up accrued annual leave first. I was previously working full time so my annual leave is currently being paid off at full time hours, but once I return to the office, in about mid April, I will be changing to working 22.5 hours per week.
So my question is what salary should I state I earn in the application? I am inclined to put in what my salary will be once I am working part time (the lower salary) but that will not match up with what my current salary technically is nor what my payslip will say. I plan to get my work to state in a letter the different salaries and dates they will change etc. Will this be clear enough? I don't want to be rejected on a technicality.

Thanks for your help

It should be the salary that you will be getting on return to work.

Thank you for your response. So to clarify, you mean the salary that I will get when I am actually in the office (so the salary for 22.5 hours)? I just want to check because technically I have returned to work, but it is all being taken as annual leave until I go down to part time.

Thanks

Clelsa wrote: ↑

Wed Mar 15, 2023 8:41 am

Thank you for your response. So to clarify, you mean the salary that I will get when I am actually in the office (so the salary for 22.5 hours)? I just want to check because technically I have returned to work, but it is all being taken as annual leave until I go down to part time.

Thanks

Well even if you are on annual leave, you should be paid the usual salary. Annual leave day is simply a paid work day

Yes, the thing is that I am currently 'working' full time hours for the next few weeks while on annual leave and then my work pattern will change to part time hours when I return to the office. So my salary is currently a full time salary but will change to a part time salary in a few weeks time. Hence why I am not sure which salary to put down in the application.

Clelsa wrote: ↑

Wed Mar 15, 2023 9:02 pm

Yes, the thing is that I am currently 'working' full time hours for the next few weeks while on annual leave and then my work pattern will change to part time hours when I return to the office. So my salary is currently a full time salary but will change to a part time salary in a few weeks time. Hence why I am not sure which salary to put down in the application.

It will be your salary at the time of the application