Tier - 2 General: 35k Salary Requirement Exemption for ILR

[kss14]

Hi

I arrived in UK on Oct 2010 and was on Tier 4 until 2012 then I was qualified for Tier-1 PSW from 2012 to 2014.
Then got switched to Tier 2 General from 2014 June where COS allocated for Software Engineer.

In order to be exempted from the 35k salary requirement, either of below will do i.e.:

- 35k salary requirement does not apply if the continuous 5-year period includes a period of leave as a Qualifying Work Permit Holder (Dont know if this is applicable for me)
- 35k salary requirement does not apply if the Certificate of Sponsorship which led to the applicant’s most recent grant of leave was for a job which previously appeared on the Shortage Occupation List. (Yes it was)


Can anyone please advice if I am eligible for ILR on the basis of Tier 2 - 5 year route by exempting salary requirement ?
My 10 years will be completed in Oct 2020 and my Tier 2 next extension will be valid until June 2020.

Any help will be much appreciated. Thanks in advance

[kss14]

More Information on second criteria for exemption i.e. the job on shortage occupation list.

It says date of application for indefinite leave to remain where job titles (mine Software Engineer) cease to provide exemption from the salary requirement is 14 Nov 2017

But I will be eligible for 5 year route will be on June 2019

[Frontier Mole]

In simple terms:
To qualify for the £35k exemption the job must have been on the Shortage Occupation list at the original time the COS was issued.
You must still be doing the same job even if the role is no longer on the SOL.
Your employer must confirm you will be continuing in the role and that they will continue to employ you.

The concern I have in your case is that your route to your current role has not required a RLMT as there was no need to from tier 4 to PSW to tier 2. So it begs the question how do you prove that the role is SOL... It was not a blanket coverage SOL for all software engineers. It was only for certain specific roles. So unless the COs actually clearly states it was one of those roles you may struggle to prove the requirement for exemption.