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I would like to know if I am elegible for ILR as my job code

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Hi I would like to know if I am elegible for ILR as my job code has been added to the Shortage occupants List.
Assistant: Where are you? It matters because laws vary by location.
Customer: Bournemouth, England, UK
Assistant: What steps have you taken so far?
Customer: I’ve done some research in internet and had mixed responses
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I am on Tier 2 General visa since sep 2014. Extended 2017 Sep. Now that my job is on SOL, I would like to know if I am eligible for ILR Application
Customer: replied 6 months ago.
More details:
I was offered a Tier 2 General visa for a job of Web developer(SOC: 2137) in September, 2014, salary of 24,000£ in a university.
I extended my visa during August, 2017 in the same job. My visa expires 4th June 2020.
I have lived more than 5 years in Tier 2 (General) Visa getting salary of £31,000pa, ILR visa requirement was £35,800 and I was not eligible for ILR.
Now that my job code has been added to Shortage occupants list on Oct 6th 2019, I would like to know if I can apply for ILR provided meeting experienced pay for the job of £25,700.
Can you please let me know if I am eligible for ILR application or is the rule only applicable for new COS issued after 6th Oct 2019?Thank you.
Lokesh

Hi How can I help?

You would need to complete 5 years as Tier 2 Migrant and need to meet the following income threshold requirements to qualify for Settlement.

Minimum Earnings Threshold for ILR

Tier 2 migrants are required to earn either the appropriate rate for the job or a gross annual salary the minimum earnings threshold (whichever is the higher) as listed below.

The minimum earning threshold for Tier 2 ILR applicants keeps on increasing every year as stated below from the period of 2018 – 2022.

  • £35,500, if you apply for settlement on or after 6 April 2018
  • £35,800, if you apply for settlement on or after 6 April 2019
  • £36,200, if you apply for settlement on or after 6 April 2020
  • £36,900, if you apply for settlement on or after 6 April 2021
  • £37,900, if you apply for settlement on or after 6 April 2022

Can you provide the new code?

Customer: replied 6 months ago.
My SOC code is 2137 web developer
Customer: replied 6 months ago.
Thank you for taking time to answer this question.
Customer: replied 6 months ago.
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list
Customer: replied 6 months ago.
Which has now been added to the above shortage occupation list.

The shortage occupation has been added on - means there is no need for the employer to do the Resident Market Test.

It is my understand you must meet the settlement threshold in order to qualify for settlement.

I would also suggest that your employer contacts the employer's helpline.

Thank you

Customer: replied 6 months ago.
I am with the same employer in the same job and same SOC code.
It is my understanding that I can now apply for ILR and exempt from 35,800£ rules.
Customer: replied 6 months ago.
Thank you for your response.

I have just double checked the guidance and it appears that there is a change. If your job is on shortage occupation list you will be exempt - Page 64 and 65! - Tier 2 Policy Guidance. You can rely on this.

The policy say you can apply and qualify!

Customer: replied 6 months ago.
Wow. Thanks for your quick responses Sir.
Much appreciated.So do you recommend me to go ahead with my ILR application?
Or should I tell my employer to check with helpline?

I would ensure that your employer check as well.

Customer: replied 6 months ago.
Thank you. will let them know.

I would be grateful if you could give me a positive rating by clicking on the above and press submit - thank you and good luck

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Customer: replied 6 months ago.
Sure. Kind regards.