Tier 2 ILR Application - Last minute changes in salary for SOC Job Code

[manishkant]

Dear Members,

I present here a situation for which I am looking to have an expert opinion.

Let's say when an applicant was sponsored for Tier 2 under a particular SOC code in March 2020, his/her salary was matching to the minimum salary rate published under Appendix J at the point of time i.e. March 2020.

However, the applicant is about to complete 5 years on Tier 2 in Oct 2020.

Now, just a day before when the applicant is about to apply for his ILR, the minimum salary rate for the same SOC Job code under Appendix J is been increased by certain amount.

So how should this situation of last moment changes in salary be handled in order to obtain the ILR successfully ?


Looking to have your views/suggestions.

Many thanks,
Manish

[CR001]

You need to meet the SOC salary requirement in appendix j which is relevant at the time of applying for ilr.

[manishkant]

Yes completely agree with that. So my next question is how to meet minimum salary requirement to comply with the last minute salary change under Appendix J ?

My initial thoughts to cope with this last minute change are:
1. Firstly, the employer needs to increase the salary of employee internally to meet the new rate as published in Appendix J in Oct 2020.
2. Secondly, employer needs to report this change of salary through their SMS portal.
3. Lastly, employer needs to provide a letter to applicant confirming the revised salary rate which meets the new rate published under Appendix J for that resp. SOC Job Code. Applicant then submit this letter along with his ILR application.

This should possibly ensure a successful ILR application, I believe.

Please if I can have your thoughts or views on above specified last minute remedial action to meet the new min. salary rate of Appendix J.

Thanks,
Manish

[CR001]

You will also need one month's payslip and bank statement reflecting the new salary to apply for ilr.

[manishkant]

Yes true, very rightly pointed about payslip and bank statement. Thanks.

Although not denying its relevance and importance but as you understand the scenario is last minute change and applicant doesn't have much time to wait and is about to submit his ILR application just next week which is before arrival of his revised salary.

So in this situation, I believe last month payslip & bank statement would not be that useful as its a promise from employer in the letter that applicant will be paid this new salary from coming month. So the new salary will only be reflected in upcoming month.

Please correct me if you have other view or provide a confirmation that I am thinking on the right track.

Many thanks !
Manish

[CR001]

Why not use exact dates if SOC appendix j salary changed instead of march/October 2020 dates in the future???

Also, useful to state immigration history of tier 2 and the SOC??

If he applies for ilr without proof of meeting either £35,800pa or what is stated in the current appendix J, whichever is higher, he will very likely be refused for failing to meet the requirement under tier 2.

[manishkant]

OK.

So to be specific the immigration history is:

1. First Tier 2 General visa was issued on 31st Oct 2015 and applicant is still on same visa with same employer and same SOC Job Code.
2. Now, applicant is switching to another employer from March 2020 under following visa

• Tier 2 General

• Job code: 2135 IT business analysts, architects and systems designers

• Job Type: Shortage Occupation

• Salary: £35,800

As per above dates, applicant is looking to make his ILR application on around 5th Oct 2020 which is nearly before 28 days of completion of 5 years on Tier 2.

So the concern is as described in my last post, let's assume a situation where the minimum salary rate for this SOC Job Code 2135 gets increased by certain amount say £38000 on 1st Oct 2020 which is just before when applicant is about to make his ILR applicant.

So as you understand in this situation, the applicant doesn't have enough time to wait for his next month payslip reflecting his new salary of £38000. Hence, its for this situation can applicant not just follow the below steps and go ahead with his ILR application on 5th Oct 2020.
1. Firstly, the employer needs to increase the salary of employee internally to meet the new rate as published in Appendix J in Oct 2020.
2. Secondly, employer needs to report this change of salary through their SMS portal.
3. Lastly, employer needs to provide a letter to applicant confirming the revised salary rate which meets the new rate published under Appendix J for that resp. SOC Job Code. Applicant then submit this letter along with his ILR application.

Hope the above provides more clarity on the situation I am referring to. Please feel free to ask if you need to know any more specifics.

Thanks !

[CR001]

Presumably the person will have a visa valid for longer October 2020 as tier 2 can be held for 6 years. It is not mandatory to apply for ilr at exactly 5 years, so the person could wait a month or two to get payslips and bank statements, IF there is an SOC salary change. An employer letter alone will not be enough.

We also cannot in anyway guess or speculate if there will be an SOC salary change in October. The last update was per 2018 was the first one since 2016.

[manishkant]

Thank you for your valuable suggestion. Appreciated !

I think I have got sufficient enough info to action on this now.

Lastly, would you mind telling as per your experience, what's your feeling on the possible increase in minimum salary rate for this SOC Job Code 2135 during year 2020. What percentage chances do you think are there for the change ?

[CR001]

I have no idea. I don't work for home office or have any affiliation to the organisations that do.