Is allocation needed for indefinite leave to remain application?

[jokira247]

Like, imagine that my salary is 30k now and I will apply for indefinite leave in October next year should I be on £35,500 salary one day before I apply or like 6 months before I apply?

[makky86]

Like, imagine that my salary is 30k now and I will apply for indefinite leave in October next year should I be on £35,500 salary one day before I apply or like 6 months before I apply?

The requirement is definatley that you should be on £35K when applying for ILR but you if you have jump from £30K to £35K+ few months before ILR it will raise suspicious alarm.

Your application will be put on hold and they'll make sure it was geniune pay rise ,if not this will lead to your sponsor licnese suspension and revocation.

I suggest you get the pay rise to £35K+ as part of Annaul pay rise in Jan 2018 otherwise get ready for above consequences.

[dan883]

Like, imagine that my salary is 30k now and I will apply for indefinite leave in October next year should I be on £35,500 salary one day before I apply or like 6 months before I apply?

You can get pay rise 6 months before but again its safer to do it now in order to avoid extra attention in your application.

[makky86]

Like, imagine that my salary is 30k now and I will apply for indefinite leave in October next year should I be on £35,500 salary one day before I apply or like 6 months before I apply?

You can get pay rise 6 months before but again its safer to do it now in order to avoid extra attention in your application.

Not really. If its not part of annual increment it will definately lead to scrutniy of pay rise and employer itself.

[VirtualWaver]

I am on the same boat and I can't really understand the logic.

So I will qualify for ILR in October 2018, Home Office will update SOC codes in May 2018. My employer is saying they are happy to review my salary and match it to Home Office requirements, because they are happy with my performance and want to make sure they follow the requirements. But in this case they will need to raise my payment from June 2018, once Home Office will update SOC codes in May 2018.

If they raise my payment now then chances are that Home Office will increase salary rate in May 2018 and my salary won't match it. If they do now and in May this will definitely raise a concern.

So this means that I literally cannot get ILR in October 2018 as Home Office will raise a flag if my employer will increase my salary in June 2018 and I have to wait extra X months after October 2018 so that my company could review the salary during normal payrise review month to not raise any concerns with Home Office? How can Home Office check if the payrise was made outside company's yearly pay review? And what if my company is flexible with reviewing salaries throughout the year?

Also, what is acceptable payrise in percentage that won't take their attention? In some companies they raise the payment individually, for example, from 5 to 10% based on each employees performance. So if I get 10% payrise will it be suspicious? If yes what is the normal payrise rate that won't raise any flags with Home Office?

My understanding is that Home Office is mostly concerned about reducing salary and/or working hours and having sudden enormous payrise, like 15-20%.

So confused with this one, it's like we are walking on the thin rope and every single wrong movement will make us fall!

[makky86]

So I will qualify for ILR in October 2018, Home Office will update SOC codes in May 2018. My employer is saying they are happy to review my salary and match it to Home Office requirements, because they are happy with my performance and want to make sure they follow the requirements. But in this case they will need to raise my payment from June 2018, once Home Office will update SOC codes in May 2018.

Whats your current pay?

If they raise my payment now then chances are that Home Office will increase salary rate in May 2018 and my salary won't match it. If they do now and in May this will definitely raise a concern.

Whic salary rate y ou're talking about?

So this means that I literally cannot get ILR in October 2018 as Home Office will raise a flag if my employer will increase my salary in June 2018 and I have to wait extra X months after October 2018 so that my company could review the salary during normal payrise review month to not raise any concerns with Home Office? How can Home Office check if the payrise was made outside company's yearly pay review? And what if my company is flexible with reviewing salaries throughout the year?

The question is that why your company will riase your salary? Would that be part of Annual increment? How much you're expecting to be raised?

[qu

[VirtualWaver]

So I will qualify for ILR in October 2018, Home Office will update SOC codes in May 2018. My employer is saying they are happy to review my salary and match it to Home Office requirements, because they are happy with my performance and want to make sure they follow the requirements. But in this case they will need to raise my payment from June 2018, once Home Office will update SOC codes in May 2018.

Whats your current pay?

My current pay is 38800, HO updated the SOC code this year their requirements for the same hours is currently 41.070. HO might or might not increase salary requirements further for the same role in SOC Code 2018.

If they raise my payment now then chances are that Home Office will increase salary rate in May 2018 and my salary won't match it. If they do now and in May this will definitely raise a concern.

Whic salary rate y ou're talking about?[/quote]

I am saying that if my company raise my salary now chances are that HO will increase salary requirements in SOC code 2018 and that new requirements might not match my increased salary.

So this means that I literally cannot get ILR in October 2018 as Home Office will raise a flag if my employer will increase my salary in June 2018 and I have to wait extra X months after October 2018 so that my company could review the salary during normal payrise review month to not raise any concerns with Home Office? How can Home Office check if the payrise was made outside company's yearly pay review? And what if my company is flexible with reviewing salaries throughout the year?

The question is that why your company will riase your salary? Would that be part of Annual increment? How much you're expecting to be raised?
[/quote]

My company raises my salary based on my performance as they are very happy with the work I do and they don't simply raise my salary only but review other peoples' salaries too. They also said they want to make sure that they also match my salary with all HO salary requirements too. I am not sure when their annual increment review date is that is why I am asking, what if company's annual increment month is December but they want to make sure that the increment will match HO requirements and thus review my annual salary not in December but in May? Will this cause any issues? If it will it means that even though they might increase my salary now it might not match HO new SOC code salary in 2018 and it means I am pretty much screwed until the next salary review date as I cannot get ILR with lower salary than the one in SOC code?

My company usually does up to 10% payrise. The difference between my current salary and the one from SCO code is around 8%. So will it be an issue if they raise my payment by 8%? What is they wait until May and HO will update the SOC code and the difference will be 15%?

[makky86]

My company raises my salary based on my performance as they are very happy with the work I do and they don't simply raise my salary only but review other peoples' salaries too. They also said they want to make sure that they also match my salary with all HO salary requirements too. I am not sure when their annual increment review date is that is why I am asking, what if company's annual increment month is December but they want to make sure that the increment will match HO requirements and thus review my annual salary not in December but in May? Will this cause any issues? If it will it means that even though they might increase my salary now it might not match HO new SOC code salary in 2018 and it means I am pretty much screwed until the next salary review date as I cannot get ILR with lower salary than the one in SOC code?

My company usually does up to 10% payrise. The difference between my current salary and the one from SCO code is around 8%. So will it be an issue if they raise my payment by 8%? What is they wait until May and HO will update the SOC code and the difference will be 15%?

What's your SOC code?

I suggest you get the increment atleast 2K over the SOC code as part of your annual payrise. Intermediate pay rise or before ILR will definately cause issue as it has been for many people.

If HO see random icnrement in June and you apply ILR in October this will definatley lead to scrutiny of your pay rise and eventually your employer will be questioned. It will be very difficiult to justify if they increase middle of year unless you're promoted. Even in that case you should T2 again with new SOC code.

Its quite possible for your company to have annual increment in middle of the year but that should be consistent with previous years as well not just the year you're apply ILR.

Just be careful as HO has tighented the rules pretty bad.

[VirtualWaver]

Thanks, so in other words you suggest they do payrise now if their yearly salary review is in December and if Home Office raise salary requirements in May then I will have no choice but to wait for December 2018, skipping October 2018, and then if my employer raise my salary again then I can apply for ILR in 2019 instead?

What will be acceptable increase % as a part of annual salary review? Will, lets say, 15% be acceptable for HO, are there any standards?

I just looked to my notes and my salary was increased in June 2016. No salary increase in 2017 as all our management changed, etc. So if my company increase my salary in June 2018 will this be an issue with HO?

[makky86]

Thanks, so in other words you suggest they do payrise now if their yearly salary review is in December and if Home Office raise salary requirements in May then I will have no choice but to wait for December 2018, skipping October 2018, and then if my employer raise my salary again then I can apply for ILR in 2019 instead?

What will be acceptable increase % as a part of annual salary review? Will, lets say, 15% be acceptable for HO?

Yes, 15% would be acceptable. But I hope everyone in your team does get similiar pay ris (subject to their performance).

Normally , pay rise few months before ILR has been raising issues. Just think about it why a employer would raise pay all of suddent !

You should target the pay rise as part of annual increment.

I just looked to my notes and my salary was increased in June 2016. No salary increase in 2017 as all our management changed, etc. So if my company increase my salary in June 2018 will this be an issue with HO?

It should not be issue if its part of annual increment or this is the time you all employees get pay rise.

[VirtualWaver]

Thanks, so in other words you suggest they do payrise now if their yearly salary review is in December and if Home Office raise salary requirements in May then I will have no choice but to wait for December 2018, skipping October 2018, and then if my employer raise my salary again then I can apply for ILR in 2019 instead?

What will be acceptable increase % as a part of annual salary review? Will, lets say, 15% be acceptable for HO?

Yes, 15% would be acceptable. But I hope everyone in your team does get similiar pay ris (subject to their performance).

Normally , pay rise few months before ILR has been raising issues. Just think about it why a employer would raise pay all of suddent !

You should target the pay rise as part of annual increment.

I just looked to my notes and my salary was increased in June 2016. No salary increase in 2017 as all our management changed, etc. So if my company increase my salary in June 2018 will this be an issue with HO?

It should not be issue if its part of annual increment or this is the time you all employees get pay rise.

Well, I obviously don't know everyone's increase percentage, but I reckon not everyone is getting the same % as many people are more experienced than the others, have been working for the company for longer, etc.

I still don't know when my company's yearly salary review time is, but assuming its in December but I got my one in June 2016, will it be ok if they increase everyone's salary in December but my one in June based on fact that my one was originally increase in June? In other words can I have my own personal anual increment date or it should be the same for all employees?

If it should be the same as everyone else's I assume I pretty much screwed because if they increase my one now and HO will increase salary in SOC code I won't be able to apply to ILR in October 2018 and will need to wait until December 2018 to get my salary reviewed and then apply in 2019 with the new salary?

There is also one thing:

Please see the below link point 15.7 Page 66
https://www.gov.uk/government/uploads/s ... 5-2017.pdf

if there are any significant changes in the sponsored migrant’s circumstances, for
example:
- a change of salary from the level stated on the CoS, other than changes
due to annual increments or bonuses

Which literally means that employer should not notify HO via SMS if there is an annual salary increase. In this case how HO will raise this if they don't even know when my salary was increased?

[makky86]

Well, I obviously don't know everyone's salary, but I reckon not everyone is getting the same amount, as many people are more experienced than the others, etc.

Yes that's fine. That is not issue. I basically meant on the same level as you are.

I still don't know when my company's yearly salary review time is, but assuming its in December but I got my one in June 2016, will it be ok if they increase everyone's salary in December but my one in June based on fact that my one was originally increase in June? In other words can I have my own personal anual increment date or it should be the same for all employees?

If this is how it works in your company then it should not be issue. Does your company not have standard month where they increase everyone' pay? Normally its start of the year.

But I don't know on what basis they'd increase yours ONLY in different month than the rest. I think this may raise concern if you're applying ILR soon after !

If it should be the same as everyone else's I assume I pretty much screwed because if they increase my one now and HO will increase salary in SOC code I won't be able to apply to ILR in October 2018 and will need to wait until December 2018 to get my salary reviewed and then apply in 2019 with the new salary?

What's your SOC Code?
Why you think HO is going to increase salary requirement for yoru SOC Code? I don't think so they increasae by big margin every year ! I don't expect them to increase required salary by 4K every year !

There is also one thing:

Please see the below link point 15.7 Page 66
https://www.gov.uk/government/uploads/s ... 5-2017.pdf

if there are any significant changes in the sponsored migrant’s circumstances, for
example:
- a change of salary from the level stated on the CoS, other than changes
due to annual increments or bonuses

Which literally means that employer should not notify HO via SMS if there is an annual salary increase. In this case how HO will raise this if they don't even know when my salary was increased?

Employer don't have to inform HO if the pay rise is due to annual increment ! But if its not then its duty of the sponsor to inform Home office

[VirtualWaver]

Well, I obviously don't know everyone's salary, but I reckon not everyone is getting the same amount, as many people are more experienced than the others, etc.

Yes that's fine. That is not issue. I basically meant on the same level as you are.

I still don't know when my company's yearly salary review time is, but assuming its in December but I got my one in June 2016, will it be ok if they increase everyone's salary in December but my one in June based on fact that my one was originally increase in June? In other words can I have my own personal anual increment date or it should be the same for all employees?

If this is how it works in your company then it should not be issue. Does your company not have standard month where they increase everyone' pay? Normally its start of the year.

But I don't know on what basis they'd increase yours ONLY in different month than the rest. I think this may raise concern if you're applying ILR soon after !

If it should be the same as everyone else's I assume I pretty much screwed because if they increase my one now and HO will increase salary in SOC code I won't be able to apply to ILR in October 2018 and will need to wait until December 2018 to get my salary reviewed and then apply in 2019 with the new salary?

What's your SOC Code?
Why you think HO is going to increase salary requirement for yoru SOC Code? I don't think so they increasae by big margin every year ! I don't expect them to increase required salary by 4K every year !

Well because looking to historical SOC code data, HO does increase salaries almost every year. Even if HO salary will be 1 pound more than mine, they will refuse the ILR. And as I cannot guess in advance what numbers will they put I cannot be sure it will match their new salary.

There is also one thing:

Please see the below link point 15.7 Page 66
https://www.gov.uk/government/uploads/s ... 5-2017.pdf

if there are any significant changes in the sponsored migrant’s circumstances, for
example:
- a change of salary from the level stated on the CoS, other than changes
due to annual increments or bonuses

Which literally means that employer should not notify HO via SMS if there is an annual salary increase. In this case how HO will raise this if they don't even know when my salary was increased?

[makky86]

Well because looking to historical SOC code data, HO does increase salaries almost every year. Even if HO salary will be 1 pound more than mine, they will refuse the ILR. And as I cannot guess in advance what numbers will they put I cannot be sure it will match their new salary.

Whats your SOC Code? Do you have historial data for your SOC Code?

[makky86]

There is also one thing:

Please see the below link point 15.7 Page 66
https://www.gov.uk/government/uploads/s ... 5-2017.pdf

if there are any significant changes in the sponsored migrant’s circumstances, for
example:
- a change of salary from the level stated on the CoS, other than changes
due to annual increments or bonuses

Which literally means that employer should not notify HO via SMS if there is an annual salary increase. In this case how HO will raise this if they don't even know when my salary was increased?

HMRC has all your salary information for each month !

You can login and register yourself

https://online.hmrc.gov.uk/account

CW will have more access then you and I. Basically HMRC keeps record of how much you are paid every month.

When you apply for ILR CW would easily see when the salary was incremented.

Recently there has been alot of ILR refusal and licenses suspension/revocations due to this misunderstanding that CW wouldn't know about annual increments etc !

Now a days all the systems are integrated and CW can see every bit of information about you and your visa etc

[VirtualWaver]

There is also one thing:

Please see the below link point 15.7 Page 66
https://www.gov.uk/government/uploads/s ... 5-2017.pdf

if there are any significant changes in the sponsored migrant’s circumstances, for
example:
- a change of salary from the level stated on the CoS, other than changes
due to annual increments or bonuses

Which literally means that employer should not notify HO via SMS if there is an annual salary increase. In this case how HO will raise this if they don't even know when my salary was increased?

HMRC has all your salary information for each month !

You can login and register yourself

https://online.hmrc.gov.uk/account

CW will have more access then you and I. Basically HMRC keeps record of how much you are paid every month.

When you apply for ILR CW would easily see when the salary was incremented.

Recently there has been alot of ILR refusal and licenses suspension/revocations due to this misunderstanding that CW wouldn't know about annual increments etc !

Now a days all the systems are integrated and CW can see every bit of information about you and your visa etc

Thanks, so to be on safe side I reckon my best bet would be finding out the exact incremental date for all employees and request my company to review my salary on that date. I was already advised by my management that they will increase my salary anyway based on my performance. Just wanted to get info on when it will be best to do that for ILR. And this should not be an issue as long as it is not increased dramatically.

[makky86]

Thanks, so to be on safe side I reckon my best bet would be finding out the exact incremental date for all employees and request my company to review my salary on that date. I was already advised by my management that they will increase my salary anyway based on my performance. Just wanted to get info on when it will be best to do that for ILR. And this should not be an issue as long as it is not increased dramatically.

Yes, exactly ! Recently there was a folk whose ILR was held pending becuase he had £13K pay increment ! As long as you don't have massive jump I wouldn't worry

[VirtualWaver]

Thanks, so to be on safe side I reckon my best bet would be finding out the exact incremental date for all employees and request my company to review my salary on that date. I was already advised by my management that they will increase my salary anyway based on my performance. Just wanted to get info on when it will be best to do that for ILR. And this should not be an issue as long as it is not increased dramatically.

Yes, exactly ! Recently there was a folk whose ILR was held pending becuase he had £13K pay increment ! As long as you don't have massive jump I wouldn't worry

Thanks! My one would be probably 2200 p/a.

[makky86]

Thanks, so to be on safe side I reckon my best bet would be finding out the exact incremental date for all employees and request my company to review my salary on that date. I was already advised by my management that they will increase my salary anyway based on my performance. Just wanted to get info on when it will be best to do that for ILR. And this should not be an issue as long as it is not increased dramatically.

Yes, exactly ! Recently there was a folk whose ILR was held pending becuase he had £13K pay increment ! As long as you don't have massive jump I wouldn't worry

Thanks! My one would be probably 2200 p/a.

It should not be issue to be honest as long as its part of annual increment

[VirtualWaver]

Thanks, so to be on safe side I reckon my best bet would be finding out the exact incremental date for all employees and request my company to review my salary on that date. I was already advised by my management that they will increase my salary anyway based on my performance. Just wanted to get info on when it will be best to do that for ILR. And this should not be an issue as long as it is not increased dramatically.

Yes, exactly ! Recently there was a folk whose ILR was held pending becuase he had £13K pay increment ! As long as you don't have massive jump I wouldn't worry

Thanks! My one would be probably 2200 p/a.

It should not be issue to be honest as long as its part of annual increment

Thanks a lot!

[jokira247]

Thanks guys for this valuable info I think "VirtualWaver" had all my questions answered already. Best of luck in your ILR

[jokira247]

I will be able to apply for indefinite leave to remain in December this year but I have a couple of questions regarding what are the requirements?

Does my employer need to have cos allocation for the indefinite leave to remain application or this is just needed for extensions?

Do I need to pass the "life in UK" test before the ILR application or this is just needed for citizenship?

Also is there any English requirement for ILR application?

When is the earliest I can apply? like does it need to be after 5 years or can it be 1 - 2 month before I reach the 5 years?

[CR001]

Does my employer need to have cos allocation for the indefinite leave to remain application or this is just needed for extensions?

No.

Do I need to pass the "life in UK" test before the ILR application or this is just needed for citizenship?

You need LIUK test BEFORE you apply for ILR.

Also is there any English requirement for ILR application?

Yes B1, UK NARIC if a foreign degree or a UK degree.

When is the earliest I can apply? like does it need to be after 5 years or can it be 1 - 2 month before I reach the 5 years?

No sooner than within 28 days before you reach the 5 year mark.

[CR001]

Kindly keep all your questions on the same application in one topic (this one) (Click)

[jokira247]

Does my employer need to have cos allocation for the indefinite leave to remain application or this is just needed for extensions?

No.

Do I need to pass the "life in UK" test before the ILR application or this is just needed for citizenship?

You need LIUK test BEFORE you apply for ILR.

Also is there any English requirement for ILR application?

Yes B1, UK NARIC if a foreign degree or a UK degree.

When is the earliest I can apply? like does it need to be after 5 years or can it be 1 - 2 month before I reach the 5 years?

No sooner than within 28 days before you reach the 5 year mark.

Brilliant thanks a lot for the replies.