Earliest application date (5 year work visa route for ILR)

[Srusti]

Hello Admins, need your kind advice

Firstly my apologies if am posting my queries in a wrong thread and pls suggest where to post if I have done so

My Query

I am nearly 5 yrs on a work visa. I have read quite a few relevant posts related to salary requirements and I know you have been advising to meet the new minimum salary requirements (lower going rate). But my recruitment manager/team said that the current requirements don't need to be met for those already on the sponsorship route. And I was told that all I would need is a letter from them confirming I will be employed for the foreseeable future and that I meet the salary requirements for my current visa. Pls see my visa details as I don't know if that makes any difference. Your help and advice are highly appreciated!

Visa Type: Skilled Worker
Employer: NHS
Job Role: Medical Equipment Engineer (Band 5)
Last CoS date: March 2023
Job code: 2123 (under shortage occupation list at that time)
Current annual salary: £35618

[zimba]

People who entered the route before 4 April 2024, will have to satisfy the lower going rate, NOT the standard going rates. That is the whole point of a lower going rate. For your SOC, the lower going rate is £43,900. The standard gong rate is in fact £53,500

[Srusti]

Hi Zimba,

Thanks very much for your response. Even I was in the same understanding, but my recruitment manager shared the opposite view on email which confused me. Is there any advice on what can I do best to address the issue here?

Thanks.

[zimba]

Hi Zimba,

Thanks very much for your response. Even I was in the same understanding, but my recruitment manager shared the opposite view on email which confused me. Is there any advice on what can I do best to address the issue here?

Thanks.

Which issue ??

[Srusti]

Sorry for being unclear. I meant if my recruitment team still sticks to the idea of 'the new rules don't apply to me'. What could be the best way to prove my point? I also emailed UKVI as their response could be showed as an official statement, but haven't received any response from them.

[zimba]

Sorry for being unclear. I meant if my recruitment team still sticks to the idea of 'the new rules don't apply to me'. What could be the best way to prove my point? I also emailed UKVI as their response could be showed as an official statement, but haven't received any response from them.

It is irrelevant what the recruitment team thinks, it is about what the immigration rules say. I suggest asking them to show you evidence of their claims. The burden of proof is on their shoulders. UKVI does not respond to immigration quires

Here is the official guide: https://assets.publishing.service.gov.u ... worker.pdf

[Srusti]

Thanks for sharing the document link. All the information and explanation is very helpful and highly appreciated.

[Srusti]

Hello Admins,

I am referring to the skilled worker caseworker guidance version 11.0. On page 54 of it, It does say that the 5 year qualifying period will include the time spent in the employment even if it was before the visa was granted (due to Covid circumstances). But for being double sure could you please look at my case below and advise accordingly?

I was already in the UK on a student visa before applying for a Tier 2 visa.

First Tier 2 visa application date: 23rd March 2020
Biometrics date: 2nd June 2020 (delayed because of Covid)
Employment start date: 6th April 2020
Issue date on BRP card: 10th July 2020

Could you please confirm the earliest I am eligible to apply for ILR?

Thanks for your time.
Kind Regards.

[zimba]

Yes. The UKVI allows skilled workers to count the time since their initial application submission date towards their ILR, assuming they applied between 24 January 2020 and 30 June 2021 and were subsequently granted a visa:

Due to major disruption to UKVI services during the COVID-19 pandemic, Tier 2
(General) and Skilled Worker applicants in the UK were permitted to start work for
their sponsors while waiting for decisions on their applications. This time while they
were waiting, but able to work, also counts towards the continuous 5-year period.
The applicant must have been in the UK with permission (including as a visitor or
with Exceptional Assurance), and the application must have been:

• for permission to stay
• made between 24 January 2020 and 30 June 2021 (inclusive)
• supported by a CoS on the date of application
• granted

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

[Srusti]

Hi Zimba,

Thanks very much for the confirmation.
Does that mean, my 5 years qualifying period starts from when I started my employment and the earliest I am eligible to apply is on 9th March 2025? (6th April 2020 + 5years - 28days).

Thanks and Regards.

[zimba]

Yes

[Srusti]

Thanks very much