Tier 2 to ILR salary query

[naval1234]

Hi All,

I'll keep it simple.

q1: My First Tier 2 application was made in 1stApril 2013 when my job was in Shortage occupation list. I applied under shortage occupation (it says in the COS as well). The job was then taken off from the shortage occupation list shortly thereafter (taken off on 6th April 2013) but since I applied before it it was taken off from the list, am I still able to apply for ILR without earning £35000 requirement for ILR. Since I "was in the shortage of workers list in the last 6 years". The link below gives the detail of all the jobs that were in shortage occupation list and are exempt from 35k rule for ILR. My first BRP had start date 1st April 2013 and valid until 14th April 2016

https://www.gov.uk/guidance/immigration ... april-2011


q2: Currently my salary is just £400 short of 35k rule. Company has gone through a loss making period and is not increasing salary for anyone in the company. However I could negotiate on increasing my working hours per week from 37.5 to 38.5 and increase my salary proportionally to cross 35k rule. Would this raise concerns with UKVI when they look at my application. Since the number of working hours have changed from when I applied for Tier 2 extension. Would it raise concern that the raise was done specifically to gain ILR.

I would really appreciate your reply.

[iworker]

it certainly will raise concerns if no one else was offered more hours.. and just you and just before the ILR>

[naval1234]

Hi Iworker,

Thanks for your reply.

Do you think what I said in q1 is valid?

Since I was in shortage occupation list I dont really need to attain £35k?

[iworker]

i am unsure about it .
It should be.. but looking at ilr fees, i would not suggest putting an application without being absolutely certain.

[naval1234]

Hi iworker,

I understand your point. Thats why I posted here to get some clarification. I dont want to end up going to a Lawyer for any advice with this.

Hopefully some one experienced on this forum(admin) or someone who has taken this routed would be able to give an answer.

Anyone out there who can answer the query?

[naval1234]

Hi Everyone,

Just to let everyone know. I have inquired from an immigration lawyer regarding the above questions I posted.

He has said that according to the current rules I'm eligible to apply using the shortage occupation route salary exemption.

He did suggest to me that I should ask for £35,000 salary from my company since I'm only few 100 pounds short. I will be trying my best to get to £35000 but if it doesn't happen, then I will have to go through the shortage occupation list route as mentioned above.

His only concern was that they might hold on to my application for months or even years for further checks since its not a route which people usually use and the ECO might not be aware/experienced about it.

I'll keep you all posted.

[naval1234]

Update on the status,


I have managed to get my salary increased to£35,000. I did my performance review and my manager agreed to increase my salary, however he knew what my requirements were and only increased it to £35,000.

However Im now worried if It should be a little bit more, as it looks like that the salary was increased to meet the ILR requirement. Could some one shed light on this?

Will it be asked by Immigration worker as to why exactly £35,000. I can assure that this was based on performance review and the increase in salary was roughly £400.
Would really appreciate a reply from the mods ! (Also when I applied for Tier 2 extension in 2016 April I had a salary of £34,000, so my salary in two years has only increased by £1000. Its not a major increase of £6-7k as seen in some of the posts made by other OPs where they were asked questions and thr application was delayed/rejected).