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Inquiry about the Indefinite Leave to Remain Application

Posted: Mon Jun 10, 2024 4:00 pm
by SanjayRaj
Hi,
I am currently in the UK on a Tier 2 (General) Work visa. I made the application on 17/08/2019 and my visa was issued on 10/09/2019(Date on Vignette Visa but on my BRP its 06/09/2019) and I entered the UK 08/10/2019. My BRP end date is 15/08/2024

I am due to apply for ILR soon and I do have a couple of queries in regards to this due the recently amended immigration rules.

1. My job (2121 : Civil engineer), at the time of the application was on the shortage occupation list.On the recent changes it has been taken out.Does this affect my ILR application in regards to my salary. What do I have to be paid now as per the new rules or is it as per the old rules. If so can you please let me know what my salary needs to be as I am a bit confused and unable to interpret the data on the GOV website.

2. As I mentioned earlier I made the application on 17/08/2019 and my visa was issued on 10/09/2019 (Date on Vignette Visa but on my BRP its 06/09/2019) and I entered the UK 08/10/2019 .My BRP end date is 15/08/2024. on the date my BRP expires I do not have 5 years resident completed.
But as per the UKVI website, the time between the entry clearance and arrival is counted towards the continuous residence. Is this correct? From which day can I count from?
Also as per UKVI, I can apply 28 days prior to completing 5 years. So I can apply on 14/08/2024 for my ILR application. Am I correct to assume this or do I need to further extend my visa?

Re: Inquiry about the Indefinite Leave to Remain Application

Posted: Mon Jun 10, 2024 5:53 pm
by zimba
1. For your SOC the minimum annual lower going rate is set at £35,300 for a 37.5-hour working week to qualify for ILR.

For calculations see: All you need to know about salary calculations under the Skilled Worker route

People who used to be under the shortage occupation list only benefit from a lower general threshold for ILR reduced to £23,200 per year. But you need to meet the minimum lower going rate for your SOC as it is the higher value (as above)

I covered this here: viewtopic.php?t=347645#p2165390

2. Your qualifying period for ILR starts from 06/09/2019. The date of entry is irrelevant. The 28-day concession applies to ALL the ILR applications.You will be eligible for ILR on (06/09/2019 + 5 years - 28 days)

Re: Inquiry about the Indefinite Leave to Remain Application

Posted: Mon Jun 10, 2024 6:18 pm
by SanjayRaj
That means I can apply for ILR after 10/08/2024 right?

Do you think I need to delay my biometrics just in case or am I ok?

Apologies for nit picking, I do not want to get this wrong

Re: Inquiry about the Indefinite Leave to Remain Application

Posted: Mon Jun 10, 2024 6:37 pm
by zimba
SanjayRaj wrote:
Mon Jun 10, 2024 6:18 pm
That means I can apply for ILR after 10/08/2024 right?

Do you think I need to delay my biometrics just in case or am I ok?

Apologies for nit picking, I do not want to get this wrong
The date you apply is not very important. You better ensure on the date of the decision, you are eligible for ILR.

See: Applicants can benefit from the date of the ILR decision

Re: Inquiry about the Indefinite Leave to Remain Application

Posted: Mon Jun 10, 2024 6:51 pm
by SanjayRaj
Thank you so much, I will delay my biometrics as well to be safe.