ILR on Tier 2 - £35K

[UPENDRAB]

Dear Respected Members,

I am a Tier 2 General Visa holder issued on March 30, 2012. Due to the recent £35K slab, I am in the bracket to show that I need to meet this threshold to be eligible for ILR application.

My question is:

My present Salary is £31,500 and I work 37.5 hrs a week as per my contract- which translates to

31,500 / 37.5* 52

Hourly: £16.15 / hr

However, the rates
per ASHE - SOC Code of practice are based on a 39-hour working week for all occupations where the salary source used is the Annual Survey of Hours and Earnings. Now does this means that my present salary is

Annual salary on 39 hour week will be 16.15 * 39*52 = £32752

Now to reach the 35K slab to be eligible to apply for ILR - how much salary raise do I need to have?
If 35K is based on 39 hour week- hourly will be :

£35000 / 52*39 = £17.25 /hr

so based on my number of working hours(37.5) - this means a salary of :

17.25*52*37.5 = £ 33637 which actually seems not far off from my present: £32752

My question here is:

Under the above circumstances- Do i need to reach £32752 or min flat £35,000(irrespective of working hours) to meet the ILR salary criteria?

Please any inputs from the respected members will be highly appreciated as this will be very helpful in making a key decision for our family.

Regards,

[Abc499]

it's

£35,000(irrespective of working hours) to meet the ILR salary criteria

,

[eduleal]

To get ILR, you need to earn a minimum of 35k a year, irrespective of working hours.

It's a good opportunity to discuss a salary raise, you've been there for 5 years and they really shouldn't treat you as cheap labour to save a couple of hundred pounds a month.

Stop calculating and hoping you'd qualify by earning less. Be glad that gives you leverage to discuss a real salary increase. £3.5k a year is a mere £291 a month in addition to what you're making now.
If you've passed the RLMT as a skilled worker and the company have kept you for so long, you probably deserve it.

Best of luck!

[UPENDRAB]

Thank you for your response. However, I have found the below information from the caseworker documentation:

This page tells caseworkers about the minimum earnings threshold for indefinite leave to
remain (ILR) (settlement) applications for Tier 2 categories of the points-based system.
ILR applications from Tier 2 (General) and Tier 2 (Sportsperson) migrants, submitted from 6
April 2016 are subject to the minimum earnings threshold. The relevant rule is paragraph
245HF in part 6A of the Immigration Rules.

The minimum earnings threshold has been set at £35,000 until 5 April 2018.
For information on the documents required to demonstrate the applicant meets the minimum
earnings threshold see: Tier 2: indefinite leave to remain (settlement): specified documents.


"When assessing applications against the minimum earnings threshold, you should consider
earnings in the same way as you would for a limited leave application."

Maximum working hours

If the applicant is paid hourly, you must only consider earnings up to a maximum of 48 hours
a week, even if the applicant works for longer than this.

For example, an applicant who works 60 hours a week for £12 per hour will be considered to
have a salary of £29,952 (12x48x52) and not £37,440 (12x60x52), and will therefore not
meet the minimum earnings threshold.

This does means that it has to calculated hourly.... please can anyone guide.

[secret.simon]

If the applicant is paid hourly,

Are you paid hourly, like a consultant or a contact centre employee, or are you a salaried employee?

A person who is paid hourly is only paid for the hours that s/he works for the employer.

If you get paid a monthly salary and have annual leave, you are considered salaried. Salaried employees are not covered under the section that you highlighted.

[eduleal]

Don't risk it by counting the beans to qualify for the minimum.
Use this to your advantage, go to your employer and say they have to pay you more.

[Abc499]

"When assessing applications against the minimum earnings threshold, you should consider
earnings in the same way as you would for a limited leave application."

Maximum working hours

If the applicant is paid hourly, you must only consider earnings up to a maximum of 48 hours
a week, even if the applicant works for longer than this.

For example, an applicant who works 60 hours a week for £12 per hour will be considered to
have a salary of £29,952 (12x48x52) and not £37,440 (12x60x52), and will therefore not
meet the minimum earnings threshold.

This does means that it has to calculated hourly.... please can anyone guide.

It actually says if you work more than 48 hours/week (if paid by hours) then they will calculate it for up to 48 hours and will bring your income down to 48 hours how much !!! on the example you can see that actual earnings is £37k but they will calculate £29k (as they will consider max 48HRs). they will not do it other way when you work less.

there is no way that on your case they will apply on pro rata base calculation and will calculate for 39/40 HRs income. they will not calculate unearned.