Tier-2 eligibility query

[Vivian400]

Hello forum,

I applied to switch to a Tier 2 visa on 10th August 2020. Due to some delays in booking a biometric appointment, I was only able to attend my biometrics on 22nd September 2020. I eventually received my BRP in February 2021, with the start date on the BRP shown as 02/02/2021.
I would like to ask for the opinion on my eligibility to apply for ILR. Should I consider the date of my Tier 2 visa application (10th August 2020), or the date mentioned on my BRP ( February 2021) as the start of my 5-year qualifying period?

Attaching a reference document

https://assets.publishing.service.gov.u ... 2.0ext.pdf

and please check page 10, it has details.

I just want to make sure what to consider at this point. would really appreciate your guidance the same.

Thank you very much in advance!

Regards,
Vivian

[zimba]

The UKVI allows skilled workers to count the time since their initial application submission date towards their ILR, assuming they applied between 24 January 2020 and 30 June 2021 and were subsequently granted a visa:

Due to major disruption to UKVI services during the COVID-19 pandemic, Tier 2
(General) and Skilled Worker applicants in the UK were permitted to start work for
their sponsors while waiting for decisions on their applications. This time while they
were waiting, but able to work, also counts towards the continuous 5-year period.
The applicant must have been in the UK with permission (including as a visitor or
with Exceptional Assurance), and the application must have been:

• for permission to stay
• made between 24 January 2020 and 30 June 2021 (inclusive)
• supported by a CoS on the date of application
• granted

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

[Vivian400]

Thank you so much for the prompt response. I will proceed further with your advice. Thank you once again.

[Vivian400]

Hello Zimba,

Thank you for the above response. I have another question regarding the salary requirement.

I have joined NHS with a stortage occupation code 2135 SOC with starting salary of 24,907 pounds mentioned in COS in 2020 Aug and I have my visa granted for 3 years in tier-2 till 2023 Aug. in my extension in 2023 Aug , with the same shortage occupation code 2135 with the salary 29,180 pounds mentioned in COS applied for the and granted as well.

Can you please help me with the salary requirement for me to apply for ILR in 2025 Aug ?

Thank you so much in advance.

Regards,
Vivian

[zimba]

Shortage occupation list no longer exists. Also the Standard Occupational Classification (SOC) codes assigned to each role have been updated by the UKVI from the 2010 codes to the 2020 codes, so the old SOC codes may no longer exist. You should use the 2020 SOC to determine your salary requirement for ILR. If you work in healthcare, you need to be paid the going rate as per national pay scales for eligible healthcare occupations.

SOC and relevant pay scales for healthcare occupations can be found here: https://www.gov.uk/government/publicati ... tion-codes

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

[Vivian400]

Thank you for your response. I have got the below response from other sources. Could you please give me your opinion on the same ?

I understand your concerns regarding the changes to the Standard Occupational Classification (SOC) codes and how they affect salary requirements for Indefinite Leave to Remain (ILR) applications under the Skilled Worker route. Let’s clarify the current situation based on official UK government sources.

Transition from SOC 2010 to SOC 2020

The UK Home Office has updated the SOC codes from the 2010 version to the 2020 version. This change means that some occupation codes have been revised or replaced.

Impact on Existing Skilled Worker Visa Holders

If you received the first Certificate of Sponsorship (CoS) before 4 April 2024 and has continuously held Skilled Worker visas since then, you falls under the transitional arrangements.

Under these arrangements, when applying for ILR, he must be paid the higher of:
• £29,000 per year, or
• The going rate for her occupation code.

Source: Skilled Worker visa: If you got your first certificate of sponsorship before 4 April 2024

Determining the Applicable SOC Code and Going Rate

Given that your CoS was issued under the SOC 2010 system, and she is applying under the transitional arrangements, the salary requirements should be assessed based on the SOC 2010 codes and corresponding going rates.

For SOC code 2135 (IT business analysts, architects and systems designers), the going rate was:
• £33,000 per year, based on a 39-hour working week.

To adjust this for a 37.5-hour working week:

£33,000 ÷ 39 × 37.5 = £31,730.77

Source: Skilled Worker visa: going rates for eligible occupation codes

Summary
• CoS Issued: Before 4 April 2024
• Occupation: SOC 2135
• Working Hours: 37.5 hours/week
• Going Rate (Adjusted): £31,730.77/year
• Transitional ILR Salary Threshold: £29,000/year
• Required Salary for ILR: £31,730.77/year (higher of the two)

Reference:
https://www.gov.uk/skilled-worker-visa/ ... april-2024

Your current salary of £32,324/year exceeds the required threshold, making her eligible for ILR under the transitional arrangements.

[zimba]

You did not bother to read the advice I gave above. The advice you posted does NOT seem to be correct regarding the transitional arrangements.

The old SOC thresholds cannot be used, instead under transitional arrangements you will qualify if you are paid at least the lower going rate. The current SOC for (IT business analysts, architects and systems designers) is 2133 and the lower going rate is set at £39,300/year

https://www.gov.uk/government/publicati ... tion-codes

[Vivian400]

Thank you so much for the response. I did read your comments and reference link as well. I was just confused with all the updates etc.

Now I’m clear enough to understand the whole scenario. Thank you once again.