ILR application - Salary requirement

[oj.bulmer]

Hi,

I received my Tier 2 Sponsorship on March 2013 and am planning to apply for ILR on March 2018, so that minimum salary requirement is still £35000, and not £35500.

While the number for salary requirement is clear I want to understand if at the date of my application
a) I need to be getting £35000 for past 12 months, or
b) it is sufficient if my salary was bumped up from say £33000 to £35000 on say February 2018 itself?

With point (b) I technically qualify for the salary number at the date of application but in past 12 months I would not have earned £35000. Would I still qualify?

Also would few unpaid leaves (not more than say couple of weeks for my marriage or other serious reasons) matter, as long as I don't remain out of UK for 3 successive months, or more than 185 days in any consecutive 12 months?

Thanks

[oj.bulmer]

Do I need to give any more details on this? Any thoughts please?

[Amber]

Moved to the correct forum, where you may get a response.

[oj.bulmer]

Hi Amber,

Thanks for posting it in correct section. I hope to get some answers here.

Cheers
OJ

[oj.bulmer]

I also have another question, is 35,000 absolute or can it be pro-rated for 39-hour as is done for Tier-2 extension applications? I have not seen it mentioned anywhere that it can be pro-rated.

[oj.bulmer]

Just to update this thread,it appears that the salary can not be pro-rated to 39 hours to satisfy 35k requirement for ILR. Migrant must earn minimum of 35k or pro-rated 39-hour-weekly salary as mentioned in SOC code for experienced worker. Here is the reference:

https://www.whatdotheyknow.com/request/ ... 4.doc.html

[geriatrix]

Do note:

It is "minimum salary threshold" (as prescribed for the year in question) or "SOC rate of pay", whichever is higher!
Earning minimum salary will not help if the SOC rate of pay is higher.