ILR under Tier 2 general

[anabepari]

HI ,
I have been on Tier 2 general visa since 2012 august and switched to second sponsor in 2016.
I am now eligible to apply for ILR as completed 5yrs from 2012 till 2017.

Queries
Is one years MSc from UK uni. acceptable to meet English requirement.

Do I need to maintain balance in bank for 3months.

Is salary slips and bank statement needed for only past 3months or more.

Does having Speeding Ticket penalty 3points and fine £100 affect outcome of ILR application.

Joined second sponsor after 2months of receiving the new biometric -due to delay in joining date. - will this be counted as gap in continuous period or not in employment.

Do I need to apply for Daughter and wife dependent visa although their Tier 2 general dependent visa runs out in sept. 2018.

Regards,
Ana.

[makky86]

I have been on Tier 2 general visa since 2012 august and switched to second sponsor in 2016.
I am now eligible to apply for ILR as completed 5yrs from 2012 till 2017.

Why didn't you apply in August 2017?

Is one years MSc from UK uni. acceptable to meet English requirement.

Yes.

Do I need to maintain balance in bank for 3months.

No. But you'll need to provide the bank statements for confirmation of salary

Is salary slips and bank statement needed for only past 3months or more.

3 months. FYI the bank statements and payslips and ILR letter should not be more than one month older than the date of application.

Does having Speeding Ticket penalty 3points and fine £100 affect outcome of ILR application.

As long as it didn't go to the court

Joined second sponsor after 2months of receiving the new biometric -due to delay in joining date. - will this be counted as gap in continuous period or not in employment.

What was the last day with Emplyoer A?

What date you applied for Employer B?

Do I need to apply for Daughter and wife dependent visa although their Tier 2 general dependent visa runs out in sept. 2018.

When your pbs dependant came to the UK? (Date of entry)

Was y our daugher born in the UK?

[anabepari]

Thanks for instant reply.

Why didn't you apply in August 2017?
I have had pay rise which is now meeting the salary threshold for above 35k since November 17.
So now in end of Jan.18 will have 3 payslips reflecting the Salary meeting the 35k threshold.


No did not go to court.
Do I need to mention the Speeding ticket point and fine paid in the SET(O) form , if yes then under which section.

I was working for Employer A while waiting for the outcome of application to switch the sponsor as advised by my Immigration advisor.
I got the new tier 2 under new sponsor as per biometric in mid of July 2016.I was not leaving employer A until I was given start date for Employer B. When I realised I cannot work for Employer A when being under new Sponsor Employer B - I immediately terminated my job and escalated it to HR.
Last day with employer A was about mid. sept.2016.
Due to the Employer B having a locum to fill in my place I had to join them in first week of Oct.2016.


Dependants came in Feb. 2017
Daughter not born in UK.

[CR001]

Why didn't you apply in August 2017?
I have had pay rise which is now meeting the salary threshold for above 35k since November 17.
So now in end of Jan.18 will have 3 payslips reflecting the Salary meeting the 35k threshold.

There is no requirement to submit x number of payslips. You actually mostly only need the most recent one. How big was this increase and are you the only employee that got one?

[anabepari]

promotion and pay rise from 28k to 35.5k

[Casa]

promotion and pay rise from 28k to 35.5k

A significant increase in salary of more than £5k p.a or representing 20% rise or more is highly likely to come under scrutiny and trigger a visit to the sponsor by the HO.

[anabepari]

thank you for your reply.
So what is your advise.
What do you think is best way forwards ?

[anabepari]

Its been twice going through the RLMT to get this post since employer has not been able to find a suitable candidate. Payrise reflects the work done for the employer which employer sure can justify if HO visits the employer as its a A rated sponsor big reputed employer unlike the dodgy ones out there.

[anabepari]

I had another job offer for 35k above salary - but managed to stay with current employer and get payrise.
It would have been the path for even a british citizen to get payrise as we don't stay in one job for lifetime and its mere coincidence me applying for ILR.
Hope that explains.

promotion and pay rise from 28k to 35.5k

A significant increase in salary of more than £5k p.a or representing 20% rise or more is highly likely to come under scrutiny and trigger a visit to the sponsor by the HO.

I managed to get payrise - if it wasn't for this employer to give payrise then I was also having the offer from another employer who were offering 35k+.
It would be the case to move up in life even if it was a british citizen and not merely to get ILR.

[CR001]

I had another job offer for 35k above salary - but managed to stay with current employer and get payrise.
It would have been the path for even a british citizen to get payrise as we don't stay in one job for lifetime and its mere coincidence me applying for ILR.
Hope that explains.

promotion and pay rise from 28k to 35.5k

A significant increase in salary of more than £5k p.a or representing 20% rise or more is highly likely to come under scrutiny and trigger a visit to the sponsor by the HO.

I managed to get payrise - if it wasn't for this employer to give payrise then I was also having the offer from another employer who were offering 35k+.
It would be the case to move up in life even if it was a british citizen and not merely to get ILR.

HO don't view it in this way unfortunately. HO would view a £7.5k increase as exceptional and to meet the requirements for ILR based on Tier 2, especially if you were the only one to receive such a large increase. British citizens are free to do as they wish in terms of work and salary, they don't have HO rules they have to meet, you and your sponsor do.

[anabepari]

I had another job offer for 35k above salary - but managed to stay with current employer and get payrise.
It would have been the path for even a british citizen to get payrise as we don't stay in one job for lifetime and its mere coincidence me applying for ILR.
Hope that explains.

promotion and pay rise from 28k to 35.5k

A significant increase in salary of more than £5k p.a or representing 20% rise or more is highly likely to come under scrutiny and trigger a visit to the sponsor by the HO.

I managed to get payrise - if it wasn't for this employer to give payrise then I was also having the offer from another employer who were offering 35k+.
It would be the case to move up in life even if it was a british citizen and not merely to get ILR.

HO don't view it in this way unfortunately. HO would view a £7.5k increase as exceptional and to meet the requirements for ILR based on Tier 2, especially if you were the only one to receive such a large increase. British citizens are free to do as they wish in terms of work and salary, they don't have HO rules they have to meet, you and your sponsor do.

Thank you for your view.
So what is your advise in this situation ?

[CR001]

If you apply for ILR, your application might get held for further checks and your sponsor will be contacted and likely asked for paperwork etc. This process can take a couple of months. HO can also visit your sponsor to view the paperwork on site and interview sponsor and yourself.

Suffice to say that for over a year now, HO has been aware of migrants suddenly getting huge increases to meet the ILR requirement, when nothing in the SOC and job role has changed.

HO's view on this is that if you are worth that shortly to qualify for ILR, why were you not worth that salary for the duration of your last visa extension, which then opens up the question of 'genuine job/role' etc.

Some sponsor licences have been revoked and ILR for the applicant refused.

I have only seen one post of a person successful with ILR after getting an increase a month before ILR, albeit a small increase and I think it was a company wide increase time not only one person specifically.

[anabepari]

If you apply for ILR, your application might get held for further checks and your sponsor will be contacted and likely asked for paperwork etc. This process can take a couple of months. HO can also visit your sponsor to view the paperwork on site and interview sponsor and yourself.

Suffice to say that for over a year now, HO has been aware of migrants suddenly getting huge increases to meet the ILR requirement, when nothing in the SOC and job role has changed.

HO's view on this is that if you are worth that shortly to qualify for ILR, why were you not worth that salary for the duration of your last visa extension, which then opens up the question of 'genuine job/role' etc.

Some sponsor licences have been revoked and ILR for the applicant refused.

I have only seen one post of a person successful with ILR after getting an increase a month before ILR, albeit a small increase and I think it was a company wide increase time not only one person specifically.

Thank you for your reply.
At the time of Tier 2 switching sponsor- my salary already mentioned in the SOC and contract letter was between 27.5-35.5k for anyone employed on my post. So it is not something that is new information or different to what has already been said at the time of getting the RLMT when switching to this employer.
In fact RLMT had been done twice with the salary advertised for my job to be between 27.5-35.5kpa.

So hope this would suffice to explain to HO about the expected payrise for me as per the job requirement/responsibilities.