TIER1(Dep) To TIER2(MAIN) To ILR

[RupikaB]

Hi everyone! Kudos to all contributors here who spare time to selflessly resolve queries.
My queries are hopefully straightforward, as I am in a situation of applying for my ILR soon on the basis of 5 years on Tier2. Still, there are some small doubts which I thought of getting resolved by gurus/mods/members here.

My situation:- I will be applying for ILR with myself as a Tier2 Main and my Husband who is my dependant. I have a UK born child as well - which I presume will be eligible for MN1 after me and husband get ILR, hopefully in July 2017 (28 days before 5 yrs) - although I am working in the UK since 2010 (as explained below).

I am the Head of IT in an MNC with a permanent salary of £152,750 excluding bonus (which was £10,800 this year paid in March). I am pretty sure this salary threshold is enough to meet salary requirements for ILR.

However my queries / doubts are as below:-

1. My salary since I have been working in UK (from 2010 till date) has been 3x what I started as in 2010. My salary was £48,000 in August 2010 when I started working and now it is £152,750 - will that be an issue with Home Office and they may ask for explanation?
Reason for that- I moved from working as a Tier1 (Dependant) - when I started working in 2010 to a Tier2 (Main) - in 2012 and my salary increased post that.

Situation in 2010:>
My husband got a Tier1 (Main) visa and relocated to UK through an MNC on a salary of £60,000. I came along as a Tier1 (Dependant) and was offered a job in another company in UK on a salary of £48,000. We didn't have a child then.
In 2011 we were blessed with a child and I took leave from the company to take care of my child. My husband required a salary of £65,000 to renew his Tier1 (and complete 5 years on Tier1 to ILR route). However, the company refused to pay him an extra £5000 (as an increment for 2012) - as they simply didn't want him to get an ILR and stay! Very disheartened -my husband had no choice but to agree to return after end of his first Tier1 cycle - as he was £5000 short of eligible salary. Biggest stupidity was that I could have taken a Tier1 (Main) myself when we relocated and continued our journey on Tier1 (with my husband as Tier1 dependant) - but we never thought that we would be in that situation.

When we were preparing our return - My old company (which I had left post maternity) - offered me if I was willing to join on a Tier2 Visa?

They offered me £60,000 (which was £12,000) more than I was working previously -I said yes.

We all went back- my RLMT was done - new CoS issued - and my husband and child issued dependant visas on Tier2- on 02-August-2012.
However, when we returned -my husband had issued getting a job - as he was on a very senior post previously (and his expectations were high as well). To add to the misery, wherever he looked for jobs (upwards of £75K- his expectations) - he was told that he cannot get job (maybe at those expectations) - on a Tier2 dependant visa - with most common question being - "What happens to you if your spouse leaves her job or is fired"? That destroyed him, to say the least...Plus we had a 2 years old child at home to take care of - and eventually we decided that I will work full time to continue 5 years to get ILR and my husband will be a full-time house-husband (and child minder!)

I worked on a salary of £60,000 till December 2012 - however in January 2013 I was approached by the client (of the Tier2 sponsor) directly - and asked my compensation - and I told them 60K. They told me that my sponsor (which itself is a large MNC) was charging a daily rate of £750 to them - as that happens in managed services - BUT they will hire me directly on Tier2 visa (transfer/new CoS) on salary of £80,000. I played bluff and asked for £85,000 and they agreed!

From February 2013- I was issued a new CoS / my husband and child new BRP's - and I started on a new salary of £85,000 (plus bonus).
I was promoted in 2014 - my salary raised to £104,000 (plus bonus).
Since 2014 - I have had two increments and one promotion - raising my salary to the present - £152,750.

All these salary increment letters and the bonus payments - are in my possession -HOWEVER my worry is - whether Home office will understand such a complex scenario - OR I do not even have to mention my Tier1 journey from 2010 - 2012 and ONLY state my Tier2 journey - from 2012 - till 2017 (with explaining I changed employers in UK on Tier2 in 2013). My salary increase from August 2012 (£60,000) till August 2017 (£152,750) is still more than DOUBLE - but I hope Home Office understands increments and promotions?

2. My husband has NOT worked since 2012- how do I provide his Cohabitation documents? He has NOT travelled even once outside UK (not a single day since he arrived in August 2012) - but because he does not work - he does not have any bills in name; not even a credit card (which was cancelled and denied by HSBC in 2012 - as they said they cannot issue a CC to a person not working). We are renting since 2012 - and the council tax is not in our name (as that is paid by the landlord - we pay him £1750 per month as rent+council tax).
The tenancy agreement has name of me and my husband - and it says £1750 included rent+council tax. BUT tenancy agreement is ONLY yearly - will one document be acceptable? How does he prove Cohabitation otherwise - even if he has been with me and child all this time?
Also, all utility bills are in my name (not joint) - his bank statements come - but have balance of less that £500 (as his ego DOES NOT allow to take money transfers from me!) Maybe ILR will change his mindset and hope he gets a job after that!!

3. Booking ILR premium- I know me and husband will be eligible 28 days before 2-Aug = 5 July. However, I believe that one can book premium appointment through a online calendar 6 weeks before the eligible date- because as you near your eligible date - you may not get slots? So does it means one can start the process 6 weeks before eligible date for viewing calendar and availability slots? Any tips on this?

In short, detailed queries above 1-3 simplied as:-

1. HO having issues in salary raised from £48,000 to £152,750- from 2010 to 2012? OR should I skip Tier1(D) period from 2010-2012? Still that is increase of salary from £60,000 to £152,750?
2. Cohabitation for a non-working husband (since 2012- not travelled outside UK) - but having no credit cards and balance in bank and no name on any utility bills, except yearly tenancy agreement.
3. Date to start looking for online slots - to book for 5th of July 2017 as eligible ILR date (28 days before 2nd August 2017) - when to start the process basically (and what to declare - should I even mention my husband worked as Tier1 (Main) from 2010 to 2012 or just SKIP).
Reason asked - as in the form there is a question- when did you first arrive in UK - technically we did in 2010 but that was when I was Tier1 (D) - and that is not ILR eligible period. If I just say arrival date as the 2nd August 2012 (which was start of Tier2 journey) will that be factually correct or I must mention arrival as 2010?

Much Thanks in advance for the anticipated replies!
Rupika

[zimba]

1. HO having issues in salary raised from £48,000 to £152,750- from 2010 to 2012? OR should I skip Tier1(D) period from 2010-2012? Still that is increase of salary from £60,000 to £152,750?

Salary increases must be reported to HO via SMS by your employer/sponsor at all times. Huge salary raise sometimes means that your sponsor has to perform the RMLT again and issue new CoS (except when you are being offered 150K+)
You need to figure out if that has happened properly during the last 5 years.

2. Cohabitation for a non-working husband (since 2012- not travelled outside UK) - but having no credit cards and balance in bank and no name on any utility bills, except yearly tenancy agreement.

I think rental agreement covering the period of at least two years should be enough

3. Date to start looking for online slots - to book for 5th of July 2017 as eligible ILR date (28 days before 2nd August 2017) - when to start the process basically (and what to declare - should I even mention my husband worked as Tier1 (Main) from 2010 to 2012 or just SKIP).

You can book a premium service appointment up to 42 days in advance.

Reason asked - as in the form there is a question- when did you first arrive in UK - technically we did in 2010 but that was when I was Tier1 (D) - and that is not ILR eligible period. If I just say arrival date as the 2nd August 2012 (which was start of Tier2 journey) will that be factually correct or I must mention arrival as 2010?

Put the date your arrived in the UK

[RupikaB]

Thaks for the replies. However,I can confirm that my employer who is the sponsor as well has kept the same SOC code since February 2013 (when they transferred me to them from my previous employer who issues me first Tier2 CoS on 2nd August 2012).

My present employer has NOT informed HO about my salary increases - as they say that they have to inform only when salary is decreased - as increase salary/promotion on same SOC code does not need reporting?
My salary on same SOC was:
1. £85,000 (starting salary with new (present) Tier2 sponsor/employer) - Feb 2013
2. £104,000 - promotion - 2014
3. £152.750 - promotion - present salary

What should I do if they say salary increments have not to be reported as now I am due to file ILR, within the 42 days period as you suggested?

2. Re Cohabitation (non working husband)- you suggested rental agreement for 2 years is enough - but Cohabitation rules say - that dependants who arrived after July 2012 - have to show 5 YEARS of Cohabitation as the 2 years rule was for before 2012? Also Cohabitation documents should be 3 different sets of documents - and tenancy is only one per year - even if I show all 5 years agreements from 2012-2017.

3. OK> I will put my arrival date in UK of 2010- (which was as a Tier1 Dependant) - although as of now I am claiming ILR on basis of my Tier2(Main) Visa-the clock of which started in August 2012 only - so earlier I was thinking of putting August 2012 date as my first arrival date in UK (as I thought 2010 date did not matter as I was not claiming that period for my ILR being on a different Visa) - but thanks for correcting me!

Hope I'd get response re my doubts still pending (above on 1 & 2)!

1. HO having issues in salary raised from £48,000 to £152,750- from 2010 to 2012? OR should I skip Tier1(D) period from 2010-2012? Still that is increase of salary from £60,000 to £152,750?

Salary increases must be reported to HO via SMS by your employer/sponsor at all times. Huge salary raise sometimes means that your sponsor has to perform the RMLT again and issue new CoS (except when you are being offered 150K+)
You need to figure out if that has happened properly during the last 5 years.

2. Cohabitation for a non-working husband (since 2012- not travelled outside UK) - but having no credit cards and balance in bank and no name on any utility bills, except yearly tenancy agreement.

I think rental agreement covering the period of at least two years should be enough

3. Date to start looking for online slots - to book for 5th of July 2017 as eligible ILR date (28 days before 2nd August 2017) - when to start the process basically (and what to declare - should I even mention my husband worked as Tier1 (Main) from 2010 to 2012 or just SKIP).

You can book a premium service appointment up to 42 days in advance.

Reason asked - as in the form there is a question- when did you first arrive in UK - technically we did in 2010 but that was when I was Tier1 (D) - and that is not ILR eligible period. If I just say arrival date as the 2nd August 2012 (which was start of Tier2 journey) will that be factually correct or I must mention arrival as 2010?

Put the date your arrived in the UK

[RupikaB]

Hi, This is Rupika! Earlier, my query was answered by zimba- but I posted more queries re the same which are unanswered - maybe my fault that I replied in Quotes, which is not the right way. I am rephrasing my queries below; hope to get an answer:-

Thanks for the replies. However,I can confirm that my employer who is the sponsor as well has kept the same SOC code since February 2013 (when they transferred me to them from my previous employer who issues me first Tier2 CoS on 2nd August 2012).

My present employer has NOT informed HO about my salary increases - as they say that they have to inform only when salary is decreased - as increase salary/promotion on same SOC code does not need reporting?
My salary on same SOC was:
1. £85,000 (starting salary with new (present) Tier2 sponsor/employer) - Feb 2013
2. £104,000 - promotion - 2014
3. £152.750 - promotion - present salary

Q:> What should I do if they say salary increments have not to be reported as now I am due to file ILR, within the 42 days period as you suggested?

2. Re Cohabitation (non working husband)- you suggested rental agreement for 2 years is enough - but Cohabitation rules say - that dependants who arrived after July 2012 - have to show 5 YEARS of Cohabitation as the 2 years rule was for before 2012? Also Cohabitation documents should be 3 different sets of documents - and tenancy is only one per year - even if I show all 5 years agreements from 2012-2017.

3. OK> I will put my arrival date in UK of 2010- (which was as a Tier1 Dependant) - although as of now I am claiming ILR on basis of my Tier2(Main) Visa-the clock of which started in August 2012 only - so earlier I was thinking of putting August 2012 date as my first arrival date in UK (as I thought 2010 date did not matter as I was not claiming that period for my ILR being on a different Visa) - but thanks for correcting me!

Hope I'd get response re my doubts still pending (above on 1 & 2)!
-Rupika

[RupikaB]

Hi

I posted some further queries on Friday in response to some answered by zimba on Thursday.

As I am within 42 days of my eligibility date for ILR based on Tier2 - I would highly appreciate if my further queries (in BLUE) posted above on Friday, 23rd are replied to - as I am still confused re points 1 - 2 (salary inc. from 60K to 152K+ on same SoC and Cohab docs for non-working husband since 5 yrs-where I think 5 yrs docs reqd but zimba said 2 would be ok-see comments in blue-on my re-queried post above on Fri 23 June).

Any Mod or Senior member comments will be appreciated.
-Rupika

[zimba]

1- I am no Tier 2 expert however if a promotion increases your salary beyond what was originally advertised by the employer in the RLMT, then the RLMT must be repeated. The Sponsor guide says:

salary increase – where the salary package that you will pay to the migrant is higher than the amount you stated on the application, this is only allowed if the higher rate is still within the salary range quoted in the job adverti sement ; this could be if the job was advertised with a salary range of £25,000 - £28,000, your CoS application stated £26,000 and the package you eventually agree with the migrant is £26,750

2-You only need one document either in joint name or one in each name every 4 months spread over 2 years from 3 different sources. You DO NOT need a document for every month. Say If you have a document for January 2013, then the next document can be dated in May 2013. You can skip Feb, Mar and April 2013.

3-That date is NOT a factor in the ILR decision. HO has access to all your data
You can book a slot online 42 days prior to the date your become eligible for ILR.

[RupikaB]

Zimba-Thanks for your previous reply (25 June)-based on which I went back to employer seeking response.

What they say is:
1. The SOC code they hired me after conducting RLTM in January 2013 was 2134.
2. The salary range they ran for RLTM was £80,000 to 90,000 plus bonus. They offered me £85,000.
3. The SOC code has remained UNCHANGED since Jan 2013, however I have been promoted in 2015 and 2017, my area of work has increased (larger team, geography,clients, revenue) - duties remains same.

Salary increments after every standard yearly cycles were:

1. February 2013- £85,000
2. March 2014- I was promoted in 2014 - salary raised to £104,000
3.March 2015- salary increased to £126,250
4. March 2017- promoted again- raising my salary to the present - £152,750.

They say, salary is inline with performance and market rates- and with same SOC why they had to conduct RLTM?

I am VERY CONFUSED as I am within 42 days of eligibility to book slot for ILR-- And if they raised salary from £85000 to £152,750 in 4 years on same SOC code (and NOT informed HO through SMS- as they say they did not decrease but increase as part of yearly cycle)- WILL this be an issue for me? Its ironic that getting a high salary seems to be a crime on Tier2!

I know zimba you said you may not be a Tier2 expert but if you / some Tier2 expert can clarify this will be great so that I can apply in peace of go back to my employers who I don't know can do much at this stage.
Also - my (non-working) husband does not have any cohab docs since 2012 - except yearly tenancy agreements- and unfortunately, that is all he can produce (having not travelled since 2012,managing home and child). From where does he get 2 more set of docs from?
-Thanks, Rupika

[uktierone]

Also - my (non-working) husband does not have any cohab docs since 2012 - except yearly tenancy agreements- and unfortunately, that is all he can produce (having not travelled since 2012,managing home and child). From where does he get 2 more set of docs from?
-Thanks, Rupika

In regards to Cohab documents, see if the following links help to get the relevant document list :

indefinite-leave-to-remain/ilr-document ... 53276.html

indefinite-leave-to-remain/cohabitation ... 98368.html


Regards

[RupikaB]

Thanks uktierone for quickie re Cohab docs for husband- yearly tenancy + poll cards should be ok for 5 yrs.

Am MORE worried honestly,and awaiting reply from zimba or any other Tier2 expert - regarding the salary increment (£85K to £152K) in 4 years on same SOC code and duties- with RLTM conducted in Jan 2014 at a max rate of £90,000- but HR insistent that salary increments to present salary of £152K are consistent with market rates and they DID NOT have to inform HO via SMS! I am worried if this will be an issue for me as am within booking window for ILR

Awaiting replies from Tier2 Experts /or in this area!
-Rupika

[zimba]

As I said, I am not expert in Tier 2 and I do not want to mislead or stress you out. The guide suggests that if your role within the company remains the same then there will be no need for a new RLMT. If your role still remains to be under SOC 2134 IT project and programme managers, then I imagine the salary increases could be justified without a need for RLMT or SMS reporting.