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Has anyone has had any problems while applying ILR under WP scheme because your current salary is too low or high in comparison to the original salary quoted when you applied for WP.

Also any salary issues when applying for ILR because of the need to mention SOC code.

I know this has been discussed before, I am just opening this thread to post your personal experience

I am on WP and am due for ILR in Oct 2011. Will anyone share their experiences please....................

my friend applied on June 6th under his work permit. He was refused ILR with the reason that his salary is lower than National minimum level although his current pay matches the figure on his work permit. Now he is not sure what to do, apply again or ask solicitor to send a letter

liuminparis wrote:my friend applied on June 6th under his work permit. He was refused ILR with the reason that his salary is lower than National minimum level although his current pay matches the figure on his work permit. Now he is not sure what to do, apply again or ask solicitor to send a letter

is his salary lower than national minimum level now..? or before

The rule of thumb in this matter is that the salary should be above or equal to the one specified in SOC for the designation at the time when the person applies for ILR. If you can't find your exact SOC code try to find the one that is closest to your job description. If salary is low, it is highly likely that ILR will be refused. In my case the immigration officer asked for employer letter which mentioned my salary along with the SOC code and I saw that Immigration office printer out the page from SOC code document and attached it to the case files.

So make sure that you are paid at the appropriate rate per SOC code for your job description.

liuminparis wrote:
my friend applied on June 6th under his work permit. He was refused ILR with the reason that his salary is lower than National minimum level although his current pay matches the figure on his work permit. Now he is not sure what to do, apply again or ask solicitor to send a letter



is his salary lower than national minimum level now..? or before

His salary was lower than national minimum level. But he talked to the employer and his employer approved to increase his salary. How long do you think he should wait to apply again? 2 months? 3 months? any thought?

Thanks

sorry a few more questions
1. His salary will be increased from £16,000 to £17,000 for SOC 5434 chef, based on 37.5 hours per week and 52 weeks, which will be £8.71/hr, higher than £8.65/hr rate. Is this enough?

I struggle to find the link showing the salary requirement for SOC5434. Can someone please provide the link?

2. His contract stated 35-40 hours/week and annual salary £16,000. The visa officer calculated as £16,000/52weeks/40 hours = £7.69/hr. This is not very fair. However he seems have no way to argue. Do you think he should ask for a solicitor to argue for him to Home Office? If he can, how long he should wait? It is awful a lot of money to apply again (he has 3 dependants, the fee is over £3,000. It feels like being robbed by the immigration department but you cannot even argue)

thanks a lot again!

smaganti wrote:

liuminparis wrote:my friend applied on June 6th under his work permit. He was refused ILR with the reason that his salary is lower than National minimum level although his current pay matches the figure on his work permit. Now he is not sure what to do, apply again or ask solicitor to send a letter

is his salary lower than national minimum level now..? or before

His salary was lower than national minimum level. But he talked to the employer and his employer approved to increase his salary. How long do you think he should wait to apply again? 2 months? 3 months? any thought?

Thanks

can someone help to give some advices?

New to the forum and in the same situation as those with 5yr WP and due for ILR later this year.

Apart from the few rejectionl stories due to not meeting the minimum salary requirements, by any chance, are there any success stories that got ILR approval but didnt meet "ALL" the criteria.

I am particularly interested in the salary requirement!!!!!!!!!!!

I'm just trying to find out what the current minimum rate of pay is for my husband's SOC code. Everything we can find is for 2010; there appears to be a 2011 update but the link I've found online doesn't work. Any ideas on what to do?

And is it really necessary to list what the minimum rate of pay is (the forms do state it should be included in the letter, but do people really include this)? Based on the minimum income listed in the 2010 document, my husband earns well above it and should be fine even if there were an increase in the minimum for 2011. But the letter needs to state the correct amount, and our company's HR person who handles this failed to do the letter and now won't return until after our appointment. We'll have someone else at the company do the letter and his boss sign it, but these will be people who know nothing about doing these letters and will put what we ask for, and nothing more. So we need to include all the information exactly as needed.