APPENDIX I SALARY INCREASE FOR TIER 2 (GENERAL) & (SPORTSPERSON) INDEFINITE LEAVE TO REMAIN - WHEN SHOULD I START TO WORRY ABOUT THE RIGHT LEVEL OF SALARY?

Pay requirements, which the Secretary of State intends to apply to applications for Indefinite Leave to Remain from Tier 2 (General) and Tier 2 (Sportspersons) migrants made on or after 6 April 2016, are now available in the consolidated version under Appendix I of the Immigration Rules.

The new pay threshold will be applicable to persons wishing to stay in the UK permanently (Indefinite Leave to Remain) after five years of employment. Those who do not meet the new minimum income threshold will need to find some other way in which to stay in the UK or extend their Tier 2 visa by another year and then leave after a total of six years in the UK. As it currently stands the migrants who are already in the Tier 2 category should be able to have their salary increased by the Sponsor at the time of the Indefinite Leave to Remain application submission. The Sponsor would need to confirm the increase in salary on the Certificate of Sponsorship and in the letter accompanying the Indefinite Leave to Remain application.

According to the consolidated version of the current immigration rules, the changes would be as follows:

"(d) The Sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must certify in writing:

       (i) that he still requires the applicant for the employment in question, and

      (ii) subject to sub-paragraph (iii), at the point of a Tier 2 (General) or Tier 2 (Sportsperson) Migrant applying for settlement, that they are being paid for the employment in question either:

      (1) at or above the appropriate rate for the job, as stated in the Codes of Practice in Appendix J, or

      (2) a gross annual salary of at least:

             (_a) £35,000 if applying on or after 6 April 2016,

             (_b) £35,500 if applying on or after 6 April 2018,

             (_c) £35,800 if applying on or after 6 April 2019,

             (_d) £36,200 if applying on or after 6 April 2020,

whichever is higher, where the appropriate rate or salary includes basic pay and allowances as set out in paragraph 79E or paragraph 100A of Appendix A."

The £35,000 earning requirement will not apply to anyone in an occupation on the shortage occupation list and to scientists and researchers in PhD level occupations and the salary will have to be at the appropriate level at the time of the application submission.

Please click here to review the consolidated version of Appendix I of the Immigration Rules