SET(O) ILR Appt in 3 weeks - and my salary is below COP!

[geewot]

Hi all,

I've worked at the same company under a work permit from October 2006 and I have been getting prepared for my SET(O) ILR application next month - premium service. I've gotten my bank records, P60s, Life in UK Test, etc sorted and now I've uncovered a problem.

My company provided me a letter saying I've been employed with them, I'm still needed, and a statement that they confirm my salary is above the appropriate rate for the job as listed in the codes of practice for Tier 2 sponsors. However, the letter doesn't list my code or my salary.

I've been reading about the changes to settlement criteria from April 2011 regarding income requirement, and did research myself to find my SOC code. It lists salary tiers based on level/responsibility, and based on the tier most appropriate to me, I'm underpaid by about £1000 per year.

I was paid appropriately for when I entered the job, but since being promoted I'm now underpaid according to that table.

So now the worry starts to set in.

As I see it now, my best option is to try and get £1,000 raise in the next 2 weeks and get my September payslip showing this salary, to take with me. As I understand if I don't have the salary required as part of the application, I'll be rejected.

So now my questions, if anyone can kindly help.

1) Can I be faulted for not earning the salary needed in the past, or do I just need to prove I will have that salary by the time of the application?

2) Does anyone know if only the last payslip received prior to the appointment (showing i'm paid enough) will be sufficient? Has anyone had a similar experience?

3) If I do get a salary increase but not in time for my September payslip, if I bring an original salary review letter with me showing I will be paid the appropriate rate, will that suffice?

4) Was my company supposed to have been on top of this in the past and were they required to increase my pay as part of being a tier 2 worker they have sponsored?

Apologies for being another new forum member registering and asking for help in a worrying situation... I hope someone can help.

Thanks

[geriatrix]

See also:
1. Employer letter - Income threshold (WP / Tier 2).
2. ILR Work Permit Set O - employer letter, debt, PEO experienc.
3. Salary clarification (codes of practice).

[geewot]

Sushdmehta,

Thank you very much for the reply. The link to the "Indefinite leave to remain in closed categories – version 7.0" document is very helpful, I'm going to read this the whole way through.

Page 41 says:

The SET(O) application form has been amended to remove the requirement to provide three months pay slips, as this requirement was never included in the rules. However, you can ask the applicant for their most recent pay slip or their contract of employment to support their employer. You cannot refuse an application solely if they do not provide the pay slips.

The letter from the employer must include the standard occupation classification (SOC) code, the salary rate of their employee and that the applicant is still required for the same employment. If the letter states that the applicant will be paid at the appropriate salary rate rather than is being paid at the appropriate salary rate at the time of application, you can refuse the application. See related link: Grant or refuse work permit holders – no code of practice or appropriate salary rate.

The way I read that is if I can get one pay slip in time I'll meet the rules, or failing that, I can still meet the requirements if I have a contract / salary review letter and an employer letter confirming my SOC code and that I am being paid (not "will" be paid!) at or above the minimum.

Now I just have to get that raise ... wish me luck...