From Tier 2 (General) to ILR - Minimum Earnings Threshold

[peekay202]

I am preparing to apply for ILR, but I am concerned and here is why:

My base salary is just under the Minimum Earnings Threshold, but way above the stated rate of pay for the SOC code.
However my total earnings from the same job are above the Minimum Earnings Threshold.

What are my chances/options?

Any help, suggestions, information will be much appreciated.

Thanks

[srsw]

You need to provide more info.

What constitutes your total earnings? Are there any components that are guaranteed (bonus, etc.) or are they variable n depends on performance or oncall support earnings? Only guaranteed income is considered in this case as far as I'm aware.

[peekay202]

Thanks for your quick reply.
Here are the constituents of my earnings:
base salary
annual profit share bonus (6-10% of base salary, dependent on performance, guaranteed).

Hope that is enough info.

[srsw]

Probably better for experts on this forum to clarify, but as far as i think if it's company's annual performance/profits dependant then it's not guaranteed income (as profits are never guaranteed).

[peekay202]

Thanks for the feedback.

Who are some of the experts?

[CR001]

Probably better for experts on this forum to clarify, but as far as i think if it's company's annual performance/profits dependant then it's not guaranteed income (as profits are never guaranteed).

That would be correct. Any bonus based on profit and performance is not guaranteed. A guaranteed bonus would be in your contact of employment states 'Guaranteed annual bonus of £1500' for example.

[peekay202]

Probably better for experts on this forum to clarify, but as far as i think if it's company's annual performance/profits dependant then it's not guaranteed income (as profits are never guaranteed).

That would be correct. Any bonus based on profit and performance is not guaranteed. A guaranteed bonus would be in your contact of employment states 'Guaranteed annual bonus of £1500' for example.

Thanks for the additional clarification, much appreciated.

Does this mean, I've got no chance then?

[srsw]

Does this mean, I've got no chance then?

You said your basic salary is just under min. earning threshold.. do you mind mentioning by how much you are short of?

[peekay202]

Does this mean, I've got no chance then?

You said your basic salary is just under min. earning threshold.. do you mind mentioning by how much you are short of?

I am short of ~ £1,000.

Thanks

[CR001]

So you would need an £84 per month increase to meet the requirement basically.

[srsw]

Haven't gone through the entire chain..but you may want to search the forum as so many rules exists and sometime the rules depend on whether you got your initial visa prior to certain year, and so on.

One potential means may be by increasing work hours/week (?)

indefinite-leave-to-remain/is-the-tier- ... d#p1385996

This link was provided in one of the responses, so take a look.. https://www2.rcn.org.uk/__data/assets/p ... USTERS.pdf


indefinite-leave-to-remain/tier-2-minim ... d#p1384931

[peekay202]

Haven't gone through the entire chain..but you may want to search the forum as so many rules exists and sometime the rules depend on whether you got your initial visa prior to certain year, and so on.

One potential means may be by increasing work hours/week (?)

indefinite-leave-to-remain/is-the-tier- ... d#p1385996

This link was provided in one of the responses, so take a look.. https://www2.rcn.org.uk/__data/assets/p ... USTERS.pdf


indefinite-leave-to-remain/tier-2-minim ... d#p1384931

Thanks for the additional information.

My greatest confusion at the moment is the following:
The salary requirement will be applied at the point when the skilled worker applies for Indefinite Leave to Remain. Affected workers will need to demonstrate that they are either being paid £35,000 per year, or the appropriate rate for their job (according to the relevant occupational code of practice), whichever is higher.

I wish somebody could clarify. As I already stated, although I am short of the 35K, I am definitely being paid above the relevant code of practice.

[srsw]

Affected workers will need to demonstrate that they are either being paid £35,000 per year, or the appropriate rate for their job (according to the relevant occupational code of practice), whichever is higher.

"Whichever is higher", so in your case 35k is higher limit and that's what applies to you.

[peekay202]

Affected workers will need to demonstrate that they are either being paid £35,000 per year, or the appropriate rate for their job (according to the relevant occupational code of practice), whichever is higher.

"Whichever is higher", so in your case 35k is higher limit and that's what applies to you.

Thanks for the clarification.

Not much joy there either.