ILR Salary threshold - Benifits included

[ab04]

Hi,

I am currently on Tier 2 general visa and my Visa expires in Jan 2020. However, I am eligible to apply for ILR in August 2019 as I would complete 5 years in Tier 2 General visa in August. When I took my COS, my role is not part of shortage occupation, But currently it is showing on shortage occupation list job code (2136) as I am working as a Software Developer. My current salary is only £35750k which is below the required minimum salary of £35800k for ILR. My question is, Can I apply for ILR on this status as it states in gov.uk website that I don't need to meet the minimum earnings threshold if my jobs is on shortage occupation list please?
Thanks

[CR001]

The shortage occupation changes only apply to those who have cos and visas issued on or after 6th October.

If your cos and visa were issued before this date, the old non shortage rules apply to you, as far as I understand the statement of changes.

[ab04]

Thanks for the quick response. I appreciate.

[ab04]

Hi

I am currently on Tier 2 general visa and my Visa expires in Jan 2020. However, I am eligible to apply for ILR in August 2019 as I would complete 5 years on Tier 2 General visa in August. At the moment I am getting a salary of £35750. There is a shortage of £50, as part of my package, I am eligible to claim maximum of £400 in a year as wellness reimbursement which is taxable, which will show on my gross salary as well. My question here, will this be useful for me to cover the shortage of £50 as stated above. Help would be much appreciated. Thanks in advance.

[ab04]

Can someone help me on the above question please.
Thank you.

[CR001]

Only your gross salary and certain allowances are counted, or such as guaranteed bonus.

[ab04]

Thanks for the quick response. The allowance which I mentioned above, guaranteed once. Since I am claiming them every year. Just, I have to upload all the fitness related expenses in our HR portal, 50% of the whole bill they will credit back to my account through our payroll.
Since I have a shortage of £50, thought of applying in this month to get reflected in the next pay. Is it ok to go ahead with this approach ?

Thanks.

[CR001]

You cannot use expenses to claim salary for meeting the ilr requirement.