Tier 2 to ILR - used to be on shortage Occupation list (SOL) but no longer is

[kkcn7260]

Hi all,

I am an electrical engineer (SOC: 2123) currently applying for Indefinite Leave to Remain (ILR) after being 5 years on the skilled worker visa (aka Tier 2). The home office has updated me that I have not met the salary requirement (going rate) which has changed in October 2023. However, the current Skilled Worker Visa that I am on was applied back in August 2022. So in this case, will I need to comply with the updated 2023 going rate?

Also, one thing to mention, SOC 2123 was on the shortage occupation lists (SOL) in the report provided by Migration Advisory Committee (MAC) back in 2019 and 2020. However, in the recent updated version - 2023, SOC 2123 is no longer in but I have applied and obtained my visa a year before that which the home office website is saying if it was on the SOL when the applicant applied, then the applicant is still eligible.

Really appreciate if there is any advice on this as I need to get back to the home office but will need a fact check before doing that.

[zimba]

The actual going rate for your role is now set at £53,500 but you can meet the lower going rate which is set at £43,900 as you entered the route before 4 April 2024. The shortage occupation list is gone and people who used to be under that list only benefit from a lower general threshold but still need to meet the minimum going rate for their SOC above.

Learn more: All you need to know about salary calculations under the Skilled Worker route

[kkcn7260]

Hi Zimba,

Thank you for responding. I found a section on the ILR website (as below):

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When you can be paid less
If you do not meet the usual salary requirements, and you do not work in healthcare or education, you might still be eligible if your annual salary will be at least £20,480. You must still be paid at least £10.10 per hour.

You do not have to be paid £25,600 if the main job you’re sponsored for:

- is on the list of healthcare and education shortage occupations
- is on the list of all other shortage occupations
- was on one of these lists when you applied for your Skilled Worker or Tier 2 (General) visa

//

In that case, does this still hold and I am still eligible as my current company is not able to increase my salary even to the lower going rate at this point.

Thank you!

Nick

[zimba]

That is talking about the general salary threshold, which would be £23,200 for people who used to be under the shortage occupation list. However, you still need to meet the relevant going rate as that is the higher value. I already told you this above.
Please go through the link I posted above and try to understand it properly!

See option D under the Sponsorship and salary table: https://www.gov.uk/government/publicati ... bookmark75