Tier 2 General - Health issues - ILR Eligibility

[mabbath]

Hello,

My wife is on Tier-2 General visa since last 4+ years. She would have been ideally eligible to apply for ILR in May-2019. However, unfortunately, due to her health condition, she has been out of work for around 2 years now and hence may not be meeting the minimum pay (£35,500) requirement by May-2019. In such a case, is there an exception to the ILR application process? i.e..Can she still apply and expect to have the ILR approved? Are there any links/documents I can go through?

Thanks in advance for your feedback.

[CR001]

If she is no longer sponsored/employed by her Tier 2 employer, her visa should have been curtailed. Has this not happened??

If she does not meet the requirements for ILR and the mandatory income level AND being currently employed, she won't qualify for ILR unfortunately. There are no exceptional rules for Tier 2 General migrants.

[mabbath]

Hello,

"If she is no longer sponsored/employed by her Tier 2 employer, her visa should have been curtailed. Has this not happened??"

She is still continued to be employed and is on the Income protection insurance pay out (still less than the min pay requirement). Does this pay classify as a valid source of income as well? Would any letter from employer help her case?

[CR001]

If she does not earn the required amount for ILR and have evidence of earning it, she is unlikely to be granted ILR.

Income protection insurance pay out

Whose insurance is this??

[mabbath]

"Whose insurance is this??"

Her employer's insurance. This pay out reflects in her payslips provided by the company and is around £30,000 per annum. So, if things go well with her health and she lands up working for 2-3 months next year, making her earnings (including the insurance pay out in the past) meet the min payment requirement, would she still be granted ILR?
OR Is it upto the discretion of the Home office since her income in the past year was a combination of insurance pay out and her regular salary?

[CR001]

She needs to meet the requirement at the time of application. For application after 6th April 2019 it is £35,800.

Immigration rules Part 6a - 245HF(d) states :

https://www.gov.uk/guidance/immigration ... sed-system

(d) The pay in (c)(ii)(2) or (3) above must:
(i) be basic pay (excluding overtime);
(ii) only include allowances where they are part of the guaranteed salary package and would be paid to a local settled worker in similar circumstances;
(iii) not include other allowances and benefits, such as bonus or incentive pay, employer pension contributions, travel and subsistence (including travel to and from the applicant’s home country);
(iv) not include the value of any shares the applicant has received as an employee-owner in exchange for some of his UK employment rights;
(v) be at least equal to the appropriate rate for the job as stated in the Codes of Practice in Appendix J; and
(vi) be at least:
(1) £35,000 if the date of application is on or after 6 April 2016,
(2) £35,500 if the date of application is on or after 6 April 2018,
(3) £35,800 if the date of application is on or after 6 April 2019,
(4) £36,200 if the date of application is on or after 6 April 2020,
(5) £36,900 if the date of application is on or after 6 April 2021,
(6) £37,900 if the date of application is on or after 6 April 2022,

What was her salary before sick leave??

You should also be aware that any sudden large increases will be a red flag to HO and likely cause a sponsor visit.

[CR001]

Has the employer reported the long term sick leave to HO as required??

Page 68 of the Sponsor Guidance Notes.

https://assets.publishing.service.gov.u ... _final.pdf

if there are any significant changes in the sponsored migrant’s circumstances, for example:

a change of salary from that stated on the CoS due to maternity, paternity shared parental or adoption leave, or a period of long term sick leave lasting one month or longer

[mabbath]

What was her salary before sick leave??

Her salary before sick leave was around 45000 per annum.

Yes, the employers have informed the HO.