ILR salary requirement (Not matching with my WP Salary)

[daemansung]

Hi, can anyone give me advice on this?

I am on WP 5 years. I am qualified for ILR application in July 2011.
My current salary meets the minimum salary requirement with 37.5 hours/week. However, it does not matching with one on my original WP.

- When I get the WP 5 years ago, the WP shows my salary GBP 36,000
- 18 month later I changed employment, hence I transfered it to new employer(current one). The new WP (the change of employment) shows my salary GBP 38,000.

However, Currenly I am paid GBP 30,000. Both my bank account and pay slip can prove only GBP 30,000.

Would it be matter? I would appreciate very much for your advice.

Thank you

[stephno]

We have just had our ILR turned down because I changed to part time work and did not inform them (in fact I should not have been working part time but did not know this before applying).

But it seems to me they are VERY picky at the moment about comparing the record they have of your salary, and what you are on now. This is because of the new requirements in April.

Personally, I would contact an immigration lawyer (ring a few different ones) and ask their opinion. I wish we had done this as we are basically giving up and going back to our original country. If you know anyone personally who have used an immigration lawyer then ask for their number.

[Polat]

have the reduced your salary ?? after you joined your new employer ?
you did not get 38000 at all not even a single month ?
because as I believe .. if they have reduced yoru salary and if they will let the HO know about it as a technical change and in the same time as the new salary meets the minimum requirements then It should be alright ...
I believe all your should do now anyway is to let your employer send a technical change to the home office informing them about your new salary .. and sure it should be also above the minimum requirements...

any other suggestions from the modrators ?

[geriatrix]

It is important to know why OP has been paid lower than what was certified in the WP for almost three and half years.

On the face of it, the employer appears to have been (and is) in breach of immigration rules, and the employee (OP) may end up facing the consequences (refusal of settlement application).

[smaganti]

But it seems to me they are VERY picky at the moment about comparing the record they have of your salary, and what you are on now. This is because of the new requirements in April.

what is the salary record they have..? is it the salary from workpermit approval letter we have..?

[madhav24]

Hi there,

I am going for ILR in 3 months. I have to show 35000 in the last 12 months from 15 months. I have reached 35000 in the first 12 months but suddenly due bad market my salary has been reduced as pat of cost cutting to 27000. That is the problem. Though I had 35000 gross pay but what should I say to the case worker if he asks why less salary in the last 3 months and is there any chance of rejecting my ILR?.

[ouflak1]

Hi there,

I am going for ILR in 3 months. I have to show 35000 in the last 12 months from 15 months. I have reached 35000 in the first 12 months but suddenly due bad market my salary has been reduced as pat of cost cutting to 27000. That is the problem. Though I had 35000 gross pay but what should I say to the case worker if he asks why less salary in the last 3 months and is there any chance of rejecting my ILR?.

Tell him the truth just as you told us here. You should be fine.

I'd consider doing a job search BTW....