ILR Queries

[akshay13t]

Hello,
I have read many blogs here and found it very helpful. I wonder if anyone is able to help me with my application which i intend to make in Nov 2018.

I am on Tier 2(general) visa, first granted in July 2013 (after completing two years on PSW Visa). I completed five years on this visa in July 2018 (expires in July 2019) and am now eligible to apply for ILR. I got married in 2015 hence my wife is on Tier 2 (dependant) which is valid till july 2019. Following are my questions:

1. Re the list of documents required for ILR application, i intend to submit
a. Passport and BRP
b. Letter from employer stating holidays, salary, my continuous employment need in the future etc
c. Last three months Payslips and Bank statements
d. LIUK test result
e. Copy of my masters degree & IELTS result

Are there any other documents required for my application i.e. p60 for the last 5 years, Tenancy agreement, council tax bill etc?

2. Is my wife required to apply for her visa extension (Tier 2 dependant) as well or should she wait until her current leave to remain is valid (july 2019) ?

3. On the premium service page, it states "If you’re applying for settlement, your premium service appointment must be:
within 28 days of you completing your qualifying period",

Can someone please clarify this? As to me, it reads that i can only use this service if i am in that 28 days period only. Or should it be interpreted as that one can apply using the premium service from the day they are within 28 days of completing their qualifying period.

4. I had an annual pay review in Aug 2018 that meant an increase of around £2200 in my annual salary. Will this raise any concern as this might look like a sudden increase in my salary 3 months prior to my application? If yes, then how long should i wait to submit my application.

I would be grateful if someone can answer my queries.

Thanks,
AT

[CR001]

1. Should be fine.

2. She can apply for an extension shortly before her current visa expires. It will be a 3 year PBS Dependent visa extension.

3. You can apply no sooner than within 28 days before reaching the 5 year mark (which you have already and it has passed) OR anytime thereafter as long as you have a valid visa and apply before your visa expires.

4. What was your salary before the increase? Did everyone in the company get an increase?

[akshay13t]

Hi cr001,
Many thanks for your help. Really appreciate it.

1. Can you please confirm if there are any additional documents required for the application like p60 for the past 5 years, council tax bills etc

2. My salary was £33,400 and got reviewed to £35,600. We have an annual review across the board every year. Though I don’t know how much did other employees get.

[Djsuccess]

Hi cr001,
Many thanks for your help. Really appreciate it.

1. Can you please confirm if there are any additional documents required for the application like p60 for the past 5 years, council tax bills etc

2. My salary was £33,400 and got reviewed to £35,600. We have an annual review across the board every year. Though I don’t know how much did other employees get.

This will most likely raise a red flag. Your salary was increased to about the amount required for ILR

[akshay13t]

So how long should I wait before I submit my application as the next review is due next year after my current visa expires.

[mark101]

Hi.

1.) Regarding additional requirements: Most of my friends who applied for ILR provided their 5 year P60 and National insurance card. I believe you do not need any tenancy agreement if you are not applying with your dependant.

2.) Your letter from your employer stating continuous employment should have your current salary which should explain your pay increase.

NOte: I am not a solicitor or adviser. I am just another person applying for ILR this November. I hope this helps.

[Djsuccess]

So how long should I wait before I submit my application as the next review is due next year after my current visa expires.

There is no problem with salary review. The issue is when it was not reported or when the salary increase happened just before ILR. UKVI will want to know what you have done to deserve ca. 7% salary increase that other workers didn't. Increasing salary to meet ILR is not a bad thing, the HO will just like to know that the increase is sustainable.
is your job on shortage list?
was the salary increase reported via SMS?
The only reason why reporting a salary increase will not be needed is when the increase is part of an annual review (as in your case) and the employees got the same % increase (which doesn't seem to be the case for you).
Hard to tell whether you should delay your application on not and by how long. A few people have had a salary increase before ILR and didn't have issues but most people in this same situation do have issues. usually a compliant visit and a delay in getting a decision. It is up to you if you want to go ahead as HO might not flag it. But if they do flag it, I hope your employer will ready for compliance visit

[akshay13t]

Can I also please ask about the hours on which this £35,500 is based?

Like in tier 2, each salary is based on either 37.5, 39 or 40 hours a week contract based on the category the occupation is in. How many hours are taken as an average for this £35,500 figures as someone doing 45 hours a week earning £35,500 would be on a lower rate than someone earning £35,500 working 37.5 hours a week.

[CR001]

Can I also please ask about the hours on which this £35,500 is based?

Like in tier 2, each salary is based on either 37.5, 39 or 40 hours a week contract based on the category the occupation is in. How many hours are taken as an average for this £35,500 figures as someone doing 45 hours a week earning £35,500 would be on a lower rate than someone earning £35,500 working 37.5 hours a week.

As stated in Appendix J, introduction tab. As you don't state what your SOC is, what the rate source is will depend on the hours HO will use.

https://www.gov.uk/guidance/immigration ... illed-work

(f) The rates stated are per year and are based on the following weekly hours:
(i) Where the source is the Annual Survey of Hours and Earnings, a 39-hour week;
(ii) Where the source is NHS Agenda for Change or the equivalent source for each of the devolved administrations, or the Royal Institute of British Architects, a 37.5-hour week;
(iii) Where the source is teachers’ national pay scales, on the definition of a full-time teacher as used when determining those pay scales;
(iv) where the source is the National Grid submission to the Migration Advisory Committee, a 37-hour week;
(v) In all other cases, a 40-hour week.

[akshay13t]

Whilst submitting the application for ILR, there are a list of documents that home office wants. One of them is:

“document for the period before you were granted leave as a tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules”


Can someone please advise what documents would these be?

[Djsuccess]

Whilst submitting the application for ILR, there are a list of documents that home office wants. One of them is:

“document for the period before you were granted leave as a tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules”


Can someone please advise what documents would these be?

I believe this question is only referring to those combining Tier 1 or other class with Tier 2 to make up the 5 years. However, if you are in doubt, tick yes and then provide your degree certificate (if you studied in the UK).