Reduction in Salary- ILR help

[AY10]

Good Morning,

I am eligible to apply for ILR in December 2018. The company that is sponsoring me has had some legal issues in last couple of months due to which they have ceased all operations.

I was earning £50,000 for 40hours a week work- but effective from 1st May, my salary has been reduced to £30,000 for 24hours a week work. I will be working only 3days a week for next 2-4months. I have been promised that my original salary would be restored latest by 1st of September 2018.

The salary requirement for my SOC code is £44,100. So, my questions are:-
1) I would still be considered employed full time irrespective of the days I am working per week?
2) Translating my revised salary at 39hours a week gives a figure of £48,750 which I above the threshold, so if I get a letter from the company stating the same- it should not be an issue right?
3) When I would be applying for my ILR, on my December salary slip my Gross Pay To Date would appear as £30,833 and change. Would I be asked to explain as to why the gross pay for 9months is lower than the requirement as per my SOC code or would they be only looking at last 3 salary slips and salary confirmation letter from my sponsor?

Would appreciate feedback on the above from the learned members of the forum.
AY

[cyclina1]

Good Morning,

I am eligible to apply for ILR in December 2018. The company that is sponsoring me has had some legal issues in last couple of months due to which they have ceased all operations.

I was earning £50,000 for 40hours a week work- but effective from 1st May, my salary has been reduced to £30,000 for 24hours a week work. I will be working only 3days a week for next 2-4months. I have been promised that my original salary would be restored latest by 1st of September 2018.

The salary requirement for my SOC code is £44,100. So, my questions are:-
1) I would still be considered employed full time irrespective of the days I am working per week?

If no less than 20 hours per week should not consider as part time, but you cannot work less than 30 hrs per week if your job is in shortage list. But honestly, I don't know in this case as you may be considered as in compulsory no paid leave (no paid for 2 days every week), and tier 2 not allowed more than 28 days per year, or you will breach the rule. I don't know how the HO see this, the guidance seems not allow the employee takes more than 28 days voluntary no paid leave, but in your case it is complusory.




see section 26.23-25

https://assets.publishing.service.gov.u ... l_v1.0.pdf


2) Translating my revised salary at 39hours a week gives a figure of £48,750 which I above the threshold, so if I get a letter from the company stating the same- it should not be an issue right?



3) When I would be applying for my ILR, on my December salary slip my Gross Pay To Date would appear as £30,833 and change. Would I be asked to explain as to why the gross pay for 9months is lower than the requirement as per my SOC code or would they be only looking at last 3 salary slips and salary confirmation letter from my sponsor?

Would appreciate feedback on the above from the learned members of the forum.
AY

[AY10]

Good Afternoon,
Many thanks for your reply. I have spoken to my employers and they have agreed to change the weekly hours to 30 if I ask them to do that. But, they can only pay me £2500 gross for 4months (i.e May to Sep).

Can you kindly answer my below points please as they are more complicated and I can negotiate with my employers now if it can create issues in my ILR application:-

"When I would be applying for my ILR, on my December salary slip my Gross Pay To Date would appear as £30,833 and change. Would I be asked to explain as to why the gross pay for 9months is lower than the requirement as per my SOC code or would they be only looking at last 3 salary slips and salary confirmation letter from my sponsor? "

Thanks
AY

[Djsuccess]

Good Afternoon,
Many thanks for your reply. I have spoken to my employers and they have agreed to change the weekly hours to 30 if I ask them to do that. But, they can only pay me £2500 gross for 4months (i.e May to Sep).

Can you kindly answer my below points please as they are more complicated and I can negotiate with my employers now if it can create issues in my ILR application:-

"When I would be applying for my ILR, on my December salary slip my Gross Pay To Date would appear as £30,833 and change. Would I be asked to explain as to why the gross pay for 9months is lower than the requirement as per my SOC code or would they be only looking at last 3 salary slips and salary confirmation letter from my sponsor? "

Thanks
AY

As this is a significant change in circumstances, your employer must report the change to UKVI via the SMS.

[AY10]

Good Afternoon,

Thanks for your feedback. I have raised the said concerns with my employers and they are considering it.

Do the case officer for ILR application check the salary and working hours mentioned in my last COS against the figures mentioned in my ILR application?

Thanks
AY

[Djsuccess]

Good Afternoon,

Thanks for your feedback. I have raised the said concerns with my employers and they are considering it.

Do the case officer for ILR application check the salary and working hours mentioned in my last COS against the figures mentioned in my ILR application?

Thanks
AY

To avoid issues with your ILR, your employer must report the reduction in salary even if it is just for a few months and then they will have to inform the UKVI again when your salary is increased. Considering that earning the appropriate salary is part of the requirements for ILR, I would imagine that your salary history will be looked at during ILR application.
if your sponsor reports the reduction in salary and the UKVI is happy with it, then you don't have to worry about them looking at it during ILR. But if UKVI only finds out during your ILR that you had a reduction in salary, then there might be issues.
I don't think there is any problem in having a reduction in salary as long as the new salary is up to or above the required salary for ILR.
You still have to report the change. VERY IMPORTANT