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Employer letter SW visa to ILR Application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Tounary
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Employer letter SW visa to ILR Application

Post by Tounary » Fri Sep 06, 2024 1:13 am

Hi All,
Please forgive if this was addressed before. I have searched and read many threads here but I felt I still need your kind help in clarifying what should the employer letter include.

As per SW 24.2. The sponsor must confirm that they still require the applicant to work for them for the foreseeable future, and that the applicant is paid, and will be paid for the foreseeable future, at least the salary in SW 24.3

On the documents checklist, it also states:

A document from the sponsor who issued the certificate of sponsorship that led to your last permission to stay as a Tier 2 migrant confirming that you are:
Still required for the employment in question for the foreseeable future, and in
the case of Tier 2 (General)... migrants this document should also contain:
The nearest applicable SOC code which best describes your employment your current rate of pay (this should be given in the same format as given in the codes of practice, for example hourly rate or yearly salary), and confirmation that this is at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.

I understand that it should mention that the employee is required for the foreseeable future. I have seen many replies from experts on this forum stressing on this point but my question is what should be included regarding the salary.

Based in the 2 extracts above, I am assuming that the letter should also include the salary and not only that the employee is needed for the foreseeable future, my questions are below:

1- should the letter state the current salary per year and The number of hours per week the salary is based on? (i.e 40 hours per week)
2-should the letter state that the salary is above the rate for the job as per the code of practice?
3-should the letter state the nearest applicable SoC code?

Or are those only related to Tier2 Gen which is now obsolete?
Would be really helpful if someone can help with a wording template that covers all what is required to be included in the letter.

Many thanks for your guidance and support.

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Re: Employer letter SW visa to ILR Application

Post by zimba » Fri Sep 06, 2024 1:22 am

Tier 2 route does not exist and the doc list is inaccurate for that reason.

Read: All you need to know about the sponsor letter for Skilled Worker route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Tounary
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Re: Employer letter SW visa to ILR Application

Post by Tounary » Fri Sep 06, 2024 1:46 am

zimba wrote:
Fri Sep 06, 2024 1:22 am
Tier 2 route does not exist and the doc list is inaccurate for that reason.
Thank you for confirming Zimba!
This is the thread that I have read before posting my question. Part of the requirement states "...and the applicant will be paid at least the minimum salary in paragraph SW 24.3"

So this means that the letter should include the salary also. Not just that the employee is required for the foreseeable future, am I right assuming so? Additionally as per your advise no need to mention the SoC code, the number of hours and that the salary is above any rate. Just a letter that indicates the salary and that the employee is needed for the foreseeable future.
Should the letter explicitly also mention that the employer will continue to pay the said salary in the foreseeable future? As referred in
SW 24.2. The sponsor must confirm that they still require the applicant to work for them for the foreseeable future, and that the applicant is paid, and will be paid for the foreseeable future, at least the salary in SW 24.3

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Re: Employer letter SW visa to ILR Application

Post by zimba » Fri Sep 06, 2024 2:28 am

Tounary wrote:
Fri Sep 06, 2024 1:46 am
So this means that the letter should include the salary also. Not just that the employee is required for the foreseeable future, am I right assuming so? Additionally as per your advise no need to mention the SoC code, the number of hours and that the salary is above any rate. Just a letter that indicates the salary and that the employee is needed for the foreseeable future.
Should the letter explicitly also mention that the employer will continue to pay the said salary in the foreseeable future? As referred in
SW 24.2. The sponsor must confirm that they still require the applicant to work for them for the foreseeable future, and that the applicant is paid, and will be paid for the foreseeable future, at least the salary in SW 24.3
Correct. All those points you identified are as per the rules in place
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Tounary
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Re: Employer letter SW visa to ILR Application

Post by Tounary » Fri Sep 06, 2024 11:59 pm

Thank you Zimba.
I have 2 more questions please.

1- just to confirm that on the ILR application, where asked to enter the SoC code, I should enter the equivalent 2020 SoC code of my 2010 SoC code that was assigned on my CoS (back in June 2023) and not the 2010 SoC code that was assigned on my CoS. Is my understanding correct? Understanding that the rate calculation should be based on the 2020 SoC code but just to confirm which one should I indicate on the application. The one on my CoS or its 2020 equivalent?

2-In your feedback on other threads, you mentioned something along the lines of increasing the salary to enable an employee to apply for ILR might be problematic. My concern is that my salary has increased back in June (3 months back) based on yearly performance review and with that increase I met the salary requirement. Your input on other threads got me thinking what if this was viewed differently by the case worker. Should I upload all bank statements and pay slips showing the increased salary for the past 3 months in this case? Knowing that in normal circumstances you have advised to only upload the last statement and pay slip, but checking if in such case it is better to upload more than the latest.

Thank you for you invaluable advice on thus forum.

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Re: Employer letter SW visa to ILR Application

Post by zimba » Sat Sep 07, 2024 2:52 pm

You seem to have created another account to ask the same questions again, this is NOT allowed on the forum.
Your other account is now suspended :!:

1. You are subject to the current rules and the current rules use the SOC 2020 ones. That is the one that must be used

2. The issue is not the raise itself, but a raise that was deliberately given to enable someone to get ILR. For example, giving them enough salary boost to meet the bare minimum required for ILR. I said that UKVI might view this negatively and question the sponsor. You only need to send your latest payslip.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Tounary
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Re: Employer letter SW visa to ILR Application

Post by Tounary » Sat Sep 07, 2024 4:08 pm

zimba wrote:
Sat Sep 07, 2024 2:52 pm
You seem to have created another account to ask the same questions again, this is NOT allowed on the forum.
Your other account is now suspended :!:
I think you are referring to my partner's?
1. You are subject to the current rules and the current rules use the SOC 2020 ones. That is the one that must be used
Awesome. Thanks for confirming.
2. The issue is not the raise itself, but a raise that was deliberately given to enable someone to get ILR. For example, giving them enough salary boost to meet the bare minimum required for ILR. I said that UKVI might view this negatively and question the sponsor. You only need to send your latest payslip.
Makes sense. Thank you zimba for elaborating on this. I think I am reading too much and getting myself over worried where I shouldn't. I will only send latest payslip and bank statement in this case.

Thank you once again for the invaluable help and insight you are providing on this forum.

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