Apply for ILR or wait the decision

[Farhan2015]

My current Tier 2 General visa is going to expire next year on 15th of February 2017, I need extension, but unfortunately there's no remaining Cos.
My gross salary is £24,190 (Code: 3538) and it was equal to the experienced level but today i checked again and its £27,500 now according to new code of practice.

1:Can my sponsor put request for "Cos" now or couple of weeks before my visa expires and does he must put my specific detail e.g (name, dob, Occupation code, etc).
2:shall my sponsor issue a new Cos after acceptance of request or will make changes in existing Cos?
3:Is my salary must be equal to £27,500 when i apply for extension ?
4: Do i must apply for extension 28 days before my visa expires ?

[tckraju]

Hi,

Is your employer prepared to increase your salary to experienced rate £27,500?

If so, you can do the following:

Since the COS has already been assigned, you will not be able to edit it. Also you have time till 15th Feb 2017.

You will need a new CoS with the correct Job title, SOC code, job description and appropriate salary for experienced which is above or equal to £27,500. (make sure that the old COS is deleted from SMS)

Do i must apply for extension 28 days before my visa expires ?

You can apply this any time and if I were you, I would ask my employer to apply for another COS and go with my extension ASAP before the October rules change to be on a safer side.

The minimum salary threshold for experienced workers applying for a Tier 2 (General) visa will be increased to £25,000 in autumn 2016, and to £30,000 in April 2017. This increase will not apply to certain public sector roles, such as nurses, paramedics and teachers, until July 2019. For new entrants, the minimum salary threshold will remain at £20,800.

[Farhan2015]

I am going to apply Tier 2 General Extension for two years for the same job and the same employer.
I have three dependent, wife, son & daughter (who born in UK-daughter), My 10 years will complete in July 2017 and i will be eligible for "ILR"

My questions are
1: My daughter (who born here) i get her first visa (Tier 2 dependent) three year before, someone told me don't apply her visa now with your extension just apply for your wife and son, and after getting your "ILR" in july apply her nationality. (you can save some money)

2: After getting "ILR" my wife's and son's Tier 2 dependent visa will still be valid for two years ?

Hope to hear from you asap

Regards

[CR001]

When does your families current visa expire?

UK born daughter is fine to register as BC once you have ILR (if approved), otherwise child will have no status and rest of family will have visas.

If you apply for ILR based on long residence, your dependents cannot remain on PBS dependent to get ILR. They have to apply on FLR(M) which will reset their clock to zero and a new 5 year route (2 x 2.5 year visas) before they will be eligible for ILR.

How long have your dependents been in the UK?

[Farhan2015]

Current visa expires on 15th March 2017.
My dependent are here in the UK (Entry 15th May 2013 (Tier 1 PSW Partner)
Tier 2 General PBS Dependent from 30.01.2014 Till 15.03.2017

[CR001]

They will need to switch to FLR(M) and will lose the time they have already spent in the UK towards their 5 year residence requirement for ILR as their clock will reset to zero and they start again from scratch.

[Farhan2015]

Can we amend the COS after assigning? actually i get tier 2 on 40 hrs base bur for new threshold its39 hrs and my employer issue the COS to me.

Kindly reply

[GMO]

You can put a Sponsor Note on the issued COS if it is not already viewed/used by the HO.

[Farhan2015]

its still with me , i was just going to post the documents. the Sponsor Note will be acceptable?

[GMO]

its still with me , i was just going to post the documents. the Sponsor Note will be acceptable?

It needs to added through SMS system. you can put the note but i cant gurantee you whther its acceptable or not. Last time one of my friend amed the salary amount with a description on the salary note and they accept it.

[Farhan2015]

Thank you for your reply, but through SMS system you can't amend anything after assigning, just to add separate cover letter (Sponsor Note) on company's letterhead. One of immigration adviser advised that.

[GMO]

You can not amend the issued COS but your employer can put a sponsor note to the COS if there is any update/edit until HO used/checked it.

[Farhan2015]

I need to wait until he come back from abroad.

[Farhan2015]

https://www.gov.uk/government/uploads/s ... 1-2016.pdf

Can anyone help me about this guidance, please see page 106
Its mean that if employer show 40 weekly hrs against appropriate salary is it acceptable?

Salary information on a certificate of sponsorship – all Tier
2 categories

26.16 When you assign a CoS to a migrant, you must give 3 pieces of information
about the salary package:
 the gross salary figure which must represent the total amount paid to the
worker, gross of any tax paid whether paid in the UK or overseas, and must
include any permitted allowances and guaranteed bonuses
 a separate figure for the total of all allowances and guaranteed bonuses
 a detailed breakdown of each allowance and each guaranteed bonus
showing their value
Where the migrant is paid hourly, the appropriate salary consideration will be
based on earnings up to a maximum of 48 hours a week, even if the migrant
works for longer than this. For example, a migrant who works 60 hours a week
for £10 per hour would be considered to have a salary of £24,960 (10x48x52)
and not £31,200 (10x60x52). This migrant would therefore not be awarded
points for appropriate salary.

[gbpmatrix]

Dear Farhan.
Be careful. HO rules are interrelated.. Please refer to this link. page 5.

https://www.gov.uk/government/uploads/s ... l_2015.pdf

The rates are based on a 39-hour working week for all occupations where the salary source used is the
Annual Survey of Hours and Earnings.

Eg: If soc code salary is 35000 then it is for 39 hrs/week. If you work 40 hrs ur salary will come to 34125. Therefore salary threshold not met and visa will be rejected. In this example If wrking hrs are 40 then salary should be 35897.

Hope u und.

Regards.

[Farhan2015]

Thank you so much for your reply "gbpmatrix".
Actually my COS is issued, but still with me, not yet posted. On COS its shows 40 hrs and salary figure £27518.
My salary Threshold according to SOC Code is £27500 based on 39 hrs.

So what i request to my Boss to put Sponsor note of 39 Hrs or the salary figure? I want to post my doc this coming week.
Hope to hear from u soon

Kind Regards

[gbpmatrix]

Hello Farhan,
If ur visa is expiring in mar and u will qualify for ilr in july then wait for some time. Better late than sorry. Get professional advise and also get expert and professional advise from this forum members. Also remember u cant go back and do changes once u applied for visa. Please read about 3c leave, Vary applications and Admin review. gather info as much as poss.
I strongly suggest wait for few days, As I am not in a state to give advise about ur COS.Dont want to give u wrong advise.Jzk.

Regards

[Farhan2015]

Hi
So i am on that situation now " How to vary application"
my application for Tier 2 General Extension is under process while my 10 years is completed in 7th of July (after 6 days) now I have waited for long time and have not received any outcome so decided to vary my application to ILR, I just have a little confusion to clear. How i can vary the application and If I wants to vary my application do I have to fill change of circumstance form along with set(LR) with correct fees or write a detailed letter that why i am varying my application and send it to Sheffield address or do I have to send this to Durham, or can I book for premium service ? What about my dependents applications which is also in home office under process.
I would really appreciate your advice & time
thanks
Regards

[Farhan2015]

Hello dear members, Can i have suggestion & advice please.

I applied for tier 2 General extension for 2 years with my spouse & two children on 18th Jan 2017.

Till now just receive "exceptionally complex issue" letter on 22nd of Feb 2017.

I have checked my visa application status online its say " Awaiting a decision" updated 21st of April 2017.

1: My continues 10 years period has been completed. In these ten year period nothing goes wrong with my visa status. in time application submitted and got the visas.

In this situation what should i do??? Either i go to apply "ILR" or wait their decision on my already submitted application along with my dependent.

Kindly advice what is the best for me

Regards

[Casa]

If you vary your application to ILR under long residence your dependants will have to re-apply for FLR(M) visas. This will re-set their immigration clock to zero and they will be on a new 5 year path to settlement (ILR) unless they complete 10 years in the UK before then.

They will also each have to pay the £500 NHS surcharge.

Also bear in mind that your SET(LR) application will be subject to the same checks which are delaying a decision at present.

[Farhan2015]

Thank you for your reply, its mean that I have to wait their decision.
I have an idea that, why they are delaying a decision, but i'm not sure.

Thank you so much

[CR001]

I have merged your topics to avoid members asking questions that you have already posted.

Are you concerned about your sudden large increase you got just before your extension?

[Farhan2015]

Hi there
I am still waiting the decision of my Tier 2 general (extension). A year has gone and no decision
anybody can help what to do????

[CR001]

Has your sponsor followed up with HO at all??