Forgot to upload the consent forms

[Bilalhassan148]

Hi,

I'm on skilled worker visa since 2019 and my SOC is 2135 and my job title is Technical Analyst.
Now the rules are changed and I have checked that technical Analyst coming under 2133 and salary is increased as well compare to before.

Before salary threshold was £36,600 but now it has increase.

My salary is according to shortage occupation list 2010 which is now increased in April 2024.

My employer believes that new rules does not apply to me.

I need to understand what rules would apply on my ILR specially when it comes to meet the salary requirement.

Thanks,

[zimba]

The Standard Occupational Classification (SOC) codes assigned to each role have been simply updated from the 2010 codes to the 2020 codes, so your old SOC and the new 2020 SOC both effectively refer to the same role and since 4 April, the new SOC should be considered when calculating salary requirements.

The 'shortage occupation list' is now abolished. People who used to be under the 'shortage occupation list' can only benefit from a lower general threshold reduced to £23,200 but that is not enough as you also need to meet the minimum going rate.

For the going rate, a lower going rate applies as you moved to the skilled worker route before 4 April 2024. For a Technical Analyst, the lower annual going rate is currently set at £39,300 based on a 37.5-hour working week. If you work different weekly hours, you need to pro-rate your salary to a 37.5-hour working week and then compare it with the lower going rate.

I explained it all here: All you need to know about salary calculations under the Skilled Worker route

[Bilalhassan148]

Thanks for the detailed answer.

The Standard Occupational Classification (SOC) codes assigned to each role have been simply updated from the 2010 codes to the 2020 codes, so your old SOC and the new 2020 SOC both effectively refer to the same role and since 4 April, the new SOC should be considered when calculating salary requirements.

The 'shortage occupation list' is now abolished. People who used to be under the 'shortage occupation list' can only benefit from a lower general threshold reduced to £23,200 but that is not enough as you also need to meet the minimum going rate.

For the going rate, a lower going rate applies as you moved to the skilled worker route before 4 April 2024. For a Technical Analyst, the lower annual going rate is currently set at £39,300 based on a 37.5-hour working week. If you work different weekly hours, you need to pro-rate your salary to a 37.5-hour working week and then compare it with the lower going rate.

I explained it all here: All you need to know about salary calculations under the Skilled Worker route

Should I state my SOC 2135 on my ILR application or 2133? SOC 2135 was when I applied my visa in 2019.

You said I need to meet the lower going rate of SOC 2133, which is £39300, to meet the salary requirement for ILR but my employer believes your salary should remain £36600 as it was the threshold in the time you applied for the visa and new rules does not apply on you.

I don't understand if HO decided to make changes and going to affect me then why have they not asked the employers to increase the salary. The employer now has different understanding and HO documentations says something and I am suffering just because HO never communicated appropriately.

BTW, my working contracted hours are 37.5 and I should have been paid at least £39300 to meet the salary requirement for ILR?

Thanks,
Bilal

[zimba]

Should I state my SOC 2135 on my ILR application or 2133? SOC 2135 was when I applied my visa in 2019.

You said I need to meet the lower going rate of SOC 2133, which is £39300, to meet the salary requirement for ILR but my employer believes your salary should remain £36600 as it was the threshold in the time you applied for the visa and new rules does not apply on you.

I don't understand if HO decided to make changes and going to affect me then why have they not asked the employers to increase the salary. The employer now has different understanding and HO documentations says something and I am suffering just because HO never communicated appropriately.

BTW, my working contracted hours are 37.5 and I should have been paid at least £39300 to meet the salary requirement for ILR?

Thanks,
Bilal

The new SOC should be used which will determine the salary requirements. Your employer is probably confusing it with the new normal going rates. For your position, the new normal going rate is in fact £51,700. That is the whole point of the LOWER going rate. UKVI uses a lower going rate for applicants like you who entered the route before the new rule changes, rather than the normal going rate. So your current salary should be £39300 or above to meet the requirement for ILR.

Also, ILR is not an entitlement. You were not promised ILR at the end of your 5 years, so you either qualify for ILR or you do not. UKVI does not have to make concessions to enable people to get ILR.

[Bilalhassan148]

The new SOC should be used which will determine the salary requirements. Your employer is probably confusing it with the new normal going rates. For your position, the new normal going rate is in fact £51,700. That is the whole point of the LOWER going rate. UKVI uses a lower going rate for applicants like you who entered the route before the new rule changes, rather than the normal going rate. So your current salary should be £39300 or above to meet the requirement for ILR.

Also, ILR is not an entitlement. You were not promised ILR at the end of your 5 years, so you either qualify for ILR or you do not. UKVI does not have to make concessions to enable people to get ILR.

Thanks for the clarification.

I really appreciate your time and help

I understand I am not promised to get ILR after 5 years but yes I guess I qualify if I meet all the requirements like times spent, Salary requirements, A letter from the employer etc...

I also acknowledge your last statement and that's why I am checking everything so I meet all the requirements to be eligible rather seeking concessions.

Kind regards,
Bilal

[Bilalhassan148]

Hi, I submitted my ILR application and uploaded all my documents on the TLScontact site but forgot to upload the consent form.

Please advise what can be done now. TIA

[contorted_svy]

Bring the form at the appointment and ask to upload it, they should be able to do it for £50.

[Bilalhassan148]

Bring the form at the appointment and ask to upload it, they should be able to do it for £50.

Yeah that's what I thought so but wondering if they don't because otherwise HO can reject the application.

I am thinking of canceling the appointment and re-upload the docs but not sure if I will get the refund or not for this appointment.

Thanks,
Bilal

[contorted_svy]

That is a bet, is there anything in the confirmation email about refunds for cancelled/rescheduled appointments? Who knows what availability of appointments they have, you may have to wait longer.

[zimba]

Bring the form at the appointment and ask to upload it, they should be able to do it for £50.

Yeah that's what I thought so but wondering if they don't because otherwise HO can reject the application.

I am thinking of canceling the appointment and re-upload the docs but not sure if I will get the refund or not for this appointment.

Thanks,
Bilal

DO NOT cancel anything. Upload it on the appointment day. This is a non issue

[Bilalhassan148]

Thanks all

[Bilalhassan148]

Hi All,

I am very happy and relaxed to share that I have got my ILR based in 5 years route on Skilled Worker Visa.

Thank you all of you who assisted me throughout this process.

As I am on ILR based on 5 years Skilled Worker Visa route. Just wondering if I need B1 for my naturalization.
Note: I did not have to meet the English requirement when I applied for ILR just because I met it already on my first skilled visa application..
My wife is also on ILR as dependant, and she has a UK degree. So, does she also need a B1 for naturalisation?
Thanks

[CR001]

Please ask your British citizenship questions in the British Citizenship sub forum as these questions are not relevant to the ILR topic or sub forum.

https://www.immigrationboards.com/viewforum.php?f=42