Code of Practice -Salary Requirements ILR - Apr 2019 Update

[matrix123]

Hello Members,
looking for some help,

Brief history -
- Tier 2 General Visa (2123 Electrical Engr) since Nov 2013
- Completed the 5 year period in Nov 2018.
- Guaranteed salary element was short of £35,500 in Nov'18,
- Hence we had to wait for annual increase in Apr'19 to apply.

-We submitted the online ILR application on 01 April 2019.
-& booked ILR premium appointment with UKVCAS (Sopra Steria) for 16 April 2019.
Annual Salary now is £36,650.00

there has been an update to Appendix J Codes of Practice on 02nd April 2019
https://www.gov.uk/guidance/immigration ... illed-work

and 2123 Electrical Engineer - Experienced Worker salary requirement now is £38,400.00

Will this be a ground for rejection of ILR ?


thanks,

[zimba]

The changes to Appendix J set out in paragraphs J1 to J5 of this statement shall take
effect on 30 March 2019. However, if an applicant has made an application for entry
clearance or leave to remain using a Certificate of Sponsorship that was assigned to
the applicant by their Sponsor before 30 March 2019, the application will be decided
in accordance with the rules in force on 29 March 2019.

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

[matrix123]

Thanks for the clarification Zimba
Much appreciated

I will post our results in the forum.

[matrix123]

hi Zimba
this is really helpful.

one last question,
reading part relating to J1 to J5 coming into effect on 30 Mar 2019.

the sentence referring to CoS seems to imply a new Tier-2 Leave to Enter or Leave to Remain (Tier 2 Extension), as it does not mention Indefinite Leave to Remain ?

i am overthinking this ?

thanks again,

The changes to Appendix J set out in paragraphs J1 to J5 of this statement shall take
effect on 30 March 2019. However, if an applicant has made an application for entry
clearance or leave to remain using a Certificate of Sponsorship that was assigned to
the applicant by their Sponsor before 30 March 2019, the application will be decided
in accordance with the rules in force on 29 March 2019.

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

[zimba]

COS was issued before that date. So you must be ok

[matrix123]

COS was issued before that date. So you must be ok

Thanks pal

I will update this thread in 2 weeks time with the results.

[matrix123]

COS was issued before that date. So you must be ok

Hi Zimba
I have taken independent legal advice with a leading immigration law firm and it seems the new higher salary does apply for ILR starting 30 Mar 2019.

The COS clause is for tier 2 applications to enter or remain.

So i am going through the process of increasing salary with employer.

Thanks for your help.

Hope this post will help others in coming weeks.

[CR001]

COS was issued before that date. So you must be ok

Hi Zimba
I have taken independent legal advice with a leading immigration law firm and it seems the new higher salary does apply for ILR starting 30 Mar 2019.

The COS clause is for tier 2 applications to enter or remain.

So i am going through the process of increasing salary with employer.

Thanks for your help.

Hope this post will help others in coming weeks.

The problem is that your salary did not meet the requirement when you submitted your ILR application online and you clearly don't have a recent payslip and bank statement to prove you meet the requirement at the date of application. This date is considered your date of application, not your biometrics appointment date.

[matrix123]

Thanks CR001.
You are correct.

Hence, now going through salary increase process.

[matrix123]

All forum members and moderators

We finally received our ILR grant.

I will post the timelines in the main timelines thread.

Hopefully this will give hope to others who are going through salary annual survey update issues.

Regards

[saber32au]

Can you provide a link to this post? I can’t find your post.


I’m in the same situation as you (I even have the same SOC code) and would love to know how you resolved your problem.