ILR- removed from Shortage Occupation List: When to apply for settlement?

[gjbars]

Hi I am CONFUSED when to apply for my ILR.

My job has been in the SOL since I started with my job in 2015, I extended my visa in July 2018. I am eligible to apply for ILR in 2020 for the 5 years route BUT: my job has taken out of the SOL.

I know I am still be exempted for the salary threshold as I appeared in the SOL but there is a paragraph that confuses me!

You will be exempt from the minimum earnings threshold if any of the following apply to
you:

that appears on the Shortage Occupation List in Appendix K, or has appeared on that
list during any time you were being sponsored to do that job during the last 6 years.

My questions are:
1. Am I still eligible to apply for my ILR in 2020 in the 5-year route even they mentioned about 'during the last 6 years''?

2. Do I need to wait for my 6 years, so then I can apply for my ILR? BUT the again my visa will expire by that time...

I hope to hear from you.

Thanks

[gjbars]

Additional to the post: By the way, My job was taken out from the SOL in October 2019.

[zimba]

The Tier 2 guide is very clear on this. If you were granted SOC when the job was on the shortage list, then you do not need to meet the min earnings threshold if the job ceases to be on the shortage list later on. You only should meet the appropriate rate for your position. Therefore the recent changes will have no effect on your ILR

Here the example from the guide:

For example:
If you are applying for settlement and you were granted leave for a Certificate of
Sponsorship as a ‘secondary education teacher in the subject of chemistry’ at any point
between 6 April 2011 and 6 April 2017 (when the job ceased to be in recognised
shortage), and this period forms part of your continuous period for settlement, you would
not be required to meet the minimum earnings threshold. You would instead be required
to demonstrate that you are earning the appropriate rate for your position.

https://assets.publishing.service.gov.u ... FINAL1.pdf

[gjbars]

Thank you for your reply

[gjbars]

Is there anyone here applying for ILR who has previously on Shortage occupation list that recently have been remove from the list?

My query is as the newly revised guidline mentioned about “during the 6-year period”

Shortage occupations

If the migrant is currently sponsored in a shortage occupation role they are exempt from the minimum earnings threshold.
In addition, migrants currently in a role which has previously been in shortage may also be exempt. The role must have appeared on the Shortage Occupation List (SOL) at any time when the applicant:
• had leave to work in that occupation during the 6-year period directly prior to the date of their ILR application
• was assigned a CoS for that occupation, which led to a grant of leave, during the 6-year period directly prior to the date of their ILR application
The migrant does not have to be working for the same employer who sponsored them at the time the role was in shortage.
The migrant must still be working in the role which is, or was previously, in shortage. If they changed employment and they are currently sponsored in a job which has not been on the SOL since they started in it, they are not exempt from the minimum earnings threshold.
Page 91 of 125 Published for Home Office staff on 11 November 2019

Appendix K of the Immigration Rules contains a list of all shortage roles since 6 April 2011.
Example 1
An applicant applies for ILR on 6 April 2019. They are currently sponsored as an HPC registered therapeutic radiographer and have been in the same role since 6 April 2013. As the role appeared on the SOL until 6 April 2015, which was while they were sponsored in that job, they would be exempt from the minimum earnings threshold.
Example 2
An applicant applies for ILR on 6 April 2019. They were assigned a CoS as a special needs education teaching professional on 1 March 2013. They successfully applied for their leave in line with that CoS on 20 April 2013 and are still in the same role. As their CoS was assigned before special educational needs teachers were removed from the SOL on 6 April 2013, they are exempt from the minimum earnings threshold.


Does that mean we are should wait for the 6 year period or we can apply like normal after 5 years??

Thanks in advance

G

[CR001]

The 6 years reference is only relevant to the maximum time you can hold a tier 2 general visa.