Tier 2 - Minimum Salary Requirement for ILR Application

[2018Wealthy]

Hello everyone,

I am looking for some advice please, can anyone help?

I am currently on the Tier 2 Visa which expires end of this year, but I am due to apply for ILR around July this year. However, I do not earn up to 35k per annum just now.

I am currently on £29,000 working 33 hours a week - according to the CoS which was issued in Dec 2015. The new entrant salary for my SOC code is £27,400, while experienced worker is £37,800. What is the process I would need to follow to get my salary increased to meet the minimum salary threshold, please. Would I need a new CoS issued, or would it just be a case of a salary increase letter? Would my role need to be changed?

I am working for a small company without any definite HR staff at the moment so I need to do this research on my own, and perhaps advise them accordingly, if I really want anything to move quickly.

I would greatly appreciate any help and advice I can get.

Thanks
Wealthy

[CR001]

You need to speak to your employer.

Note that HO is very aware of large sudden increases to meet the ILR requirements. A £6.5k increase is exceptional and would almost certainly raise a red flag which will possibly trigger an HO visit to your sponsor.

[2018Wealthy]

thank you for your response CR001, I already had a talk with my employer requesting a salary increase but nothing has happened since. I am getting concerned as the time is near. Would I be able to switch to another Tier 2 sponsor if I got an offer?

[CR001]

Yes you could switch. How long have you held tier 2 for?

[2018Wealthy]

I have been on Tier 2 since August 2013.
On another thought, would it be an option if I got a part time job at the same level that paid at least the extra 6000GBP per year to make up the difference I need? If so, are there any requirements that the part time employer would need to meet?

[CR001]

You need to meet the salary requirement from your main tier 2 sponsored job.

You can change employers and apply for a new tier 2 visa if you get sponsorship and will get a visa up to August 2019.

[2018Wealthy]

Thank you so much, now I understand. I will start looking for other jobs just to be on the safer side.
If my company was open to helping me, would it be an option for my company to give me car allowance and then salary increase to make up the 35k instead of a 6.5k bump in pay?

[2018Wealthy]

Would it also be an option for my hours to be increased to 40 per week as the experienced worker minimum salary requirement for my SOC level is £37000+.

My current CoS has 33 hours at £29601 per annum. Prior to this, a Tier 2 visa application was refused because my CoS stated 40 hours per week at £31,900 per annum and HO said that did not meet the salary requirement. It was for this reason that my company reduced the hours to 33, so that they could reduce the salary to what they wanted to pay.

[2018Wealthy]

Can someone help me regarding my last 2 posts please?

[rav40]

As for as I know car allowance does't qualify for the annual gross salary required.

[CR001]

See page 27

https://www.gov.uk/government/uploads/s ... 18__2_.pdf