Above 35k but below SOC code (Experienced)

[malvar]

Hi,

We're planning to apply for ILR (Tier 2 General and 5 year route) this November. My SOC code is 1132 and the rate is £49,700 for experienced. I currently make £48,000 which is below the SOC code but above the £35k min salary requirement. I've got two questions below:

I was wondering if my application would be refused because I earn below the SOC code?

I am aware that the code is based on a 39hr work week but my salary is based on a 35hr work week. Does this have any effect?

As seen below, I earn more on a per hour basis

£49,700 / 52 weeks / 39hours = £24.51 per hour
£48,000 / 52 weeks / 35 hours = £26.37 per hour

Thanks a lot.

[cyclina1]

You need to ask for payrise or you will be refused. Because your job paid not counted as hourly basis but monthly.

[hassanh]

Hi Malvar,

If the SOC pay 49,700 is babes on 39 hours a week then I beleive you should be alright with 48,000 for 35 hour week.

When UKVI will prorate your current rate of pay to 39 hours a week, then it will definitely be over 49,700.

Please, make sure that the number of hours you work is mentioned in the letter you get from employer.

Please, wait for other gurus for confirmation. All the best.

Thanks,
Hassan

[malvar]

Thanks for the two reply posts. The two points above are what we were exactly discussing.

On the first reply post, yes my salary is not at the £49,700 level at a 39 hour work week. So my application would be refused.

I would be more inclined on the second reply post since the guidance states: "Rates will be pro-rated based on the number of working hours stated on the Certificate of Sponsorship." I assume that home office approved the CoS knowing that I meet the relevant SOC salary. (Source: https://www.gov.uk/guidance/immigration ... illed-work). So my salary at £48,000 at a 35 hour work week meets this.

But I could be wrong on the second point so any help would be great?

Thanks again!