How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6655
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

How can I show 35000k at the end of my 5 year tier 2 period

Resolved Question:

How can I show 35000k at the end of my 5 year tier 2 period for indefinate leave to remain?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Alice H replied 1 year ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

-Could you explain your situation a little more?

Customer: replied 1 year ago.

Hi Alex,


 


I am currently on a tier 1 post study work visa and planning to switch over to tier 2 general in the next few months. My main concern is when I will be eligible for indefinate leave (2017) ie after five years from when I get my tier 2 how can I show 35k salary for indefinate criteria. I mean at that time if my salary is not 35k then what can I do to prevail settlement.

Expert:  Alice H replied 1 year ago.
Thanks.

I will need to double check the regulations.

Could I come back to you within 24 hrs.
Customer: replied 1 year ago.

Ok please find a solution for me... or provide an alternative route..

Expert:  Alice H replied 1 year ago.
Thanks. I will come back to you tomorrow.
Expert:  Alice H replied 1 year ago.
Hi Divesh. Unfortunately I am unable to offer a solution to your dilemma. Therefore, I am going to opt out so another expert can help you. Alex
Expert:  Thomas replied 1 year ago.
Hi,

Can I clarify. You propose to switch in to Tier 2 general.

You intend to remain on this visa until you are eligible for settlement.

You are concerned that you may not be able to show a salary of £35, 000.00 when the new salary requirement requirement for ILR eligiblity come in in 2016.

You want to know what your options are if you do not meet this requirement when you come to apply for ILR.

Is the above correct?

Tom
Customer: replied 1 year ago.


Hi Tom, This is absolutely correct. Is there any other way of meeting the 35k settlement criteria?Or any other option to prevail settlement?

Expert:  Thomas replied 1 year ago.
Hi,

How long have you been in the UK for and have you had an unbroken chaing of leave to remain during this time?

I have a meeting now and will only be able to answer in half an hour.

Tom
Customer: replied 1 year ago.


I entered unnited kingdon on 10th October 2010. This October I will be completing 3 years in the uk. My current post study work permit is valid till 7th March 2014 and my company is ready to switch over my status from tier 1 psw to tier 2 general. Thats my visa history. If you need any other information please feel free to ask me.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You will see from the following link that the requirements are that either you have a salary in excess of £30k pa OR that you are being paid he correct rate of pay for your job as stated in the codes of practice for Tier 2 sponsors.:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/settlement/

Please refer under the heading “Requirements from 6th April 2016).

So, you will have to refer to the Codes of Practice in respect of your particular job when you come to apply for settlement. They are contained on the right hand side of the following link:-
http://www.ukba.homeoffice.gov.uk/business-sponsors/points/sponsoringmigrants/employingmigrants/codesofpractice/

If your job is not listed under there and you do not have sufficient salary then your application for ILR would be rejected.

If you came to the UK in 2010 then you would not be able to apply for ILR on the basis of long residence (ie. 10 years), so this means that you would simply have to apply for further leave to remain as a Tier 2 General sponsored skilled work. You would receive a further 5 years leave to remain.

Obviously, during the course of this further leave to remain you would reach the ten year point and so you could then apply for ILR on the basis of your long residence, which is probably what you should do.

You would have to ask your employer if they are willing to remain your sponsor in good enough time before the expiry of your current visa so that if they are not then you will have sufficient time to look for another job and sponsor.

I am sorry that I could not have better news for you, but those are your options I’m afraid, limited as they are.

Hopefully you will reach the salary requirement,.


Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.


Hi Tom,


 


How long can i get a tier 2 general leave for ? Like for example if I apply for tier 2 general in october 2013 from that time I will get a leave for 5 years (3+2) ie till 2018. So after 2018 can I again apply for a further Tier 2 (general ) Extension ? Is that what you mean ?

Expert:  Thomas replied 1 year ago.
Hi

Again, I have a short meeting unfortuantely.

I will be able to respond before 5pm

Please remember to rate my answer though..

Tom
Expert:  Thomas replied 1 year ago.
Hi,

I'm really sorry but I have double checked and I'm afriad that when you are granted your original Tier 2 visa it will be granted for 3 years and then you can extend for another three years but that will be the most that you can extend it for.

Therefore, if it appears that you will not reach the salary threshold by the time you are eligible for ILR I think the only soluction would be to attempt to swithc Tier 2 sponsors to another job where the salary is above the threshold.

I'm very sorry.

Please rate my answer though.

Kind regards

Tom
Customer: replied 1 year ago.


Hi Tom,


 


How about if I do a suppplementary job on tier 2 in the same occupation as a the certificate of sponsorship was allocated to. If I now show salary combined from my primary sponsor who gave me certificate of sponbsorship plus supplementary job salary, will I be able to combine both and show 35 k salary for settlement?


 

Expert:  Thomas replied 1 year ago.
Hi,

I highly doubt that this would be successful, they general requirement is that it must be derived solely from the job that you were actually sponsored for. I would consider it too much of a risk to apply on this basis.

Please rate my answer.

Tom
Customer: replied 1 year ago.

any other possibility of switiching over any other visa category after tier 2 general like entrreprenuer or any other visa so that I can finish ten years..

Expert:  Thomas replied 1 year ago.
Hi,

You could certainly switch in to tier 1 enterpreneur if you are otherwise eligible, any tier 2 holder can do this without leaving the UK if they meet the requirements.


If you are not in a relationship with a UK citizen, EEA national or foreign national who holds ILR in the UK OR you don't have any children that are in the UK then this would appear to be your only option. If any of the aforementioned apply thenyou might be able to switch in to a visa category based on that relationship.

Please rate my answer as Okay Service or above, rating below this reflects very badly on me and I do not get any credit for the time that I have spent answering your question.

Tom
Customer: replied 1 year ago.
What would be the possibility to stay if I have children by that time which is quite obvious? Like if I don't marry a uk citizen I marry someone from back home and we have children who are born here. Then on what basis or on what visa can I stay to cover a ten year continuous period after tier 2 general ?
Expert:  Thomas replied 1 year ago.
Hi

I will answer tomorrow but please rate my answer as okay service or above..


Tom
Thomas, Solicitor
Satisfied Customers: 6655
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Expert:  Thomas replied 1 year ago.
Hi,

I'm afraid that it is not likely to change the situation if you do this.

Your children would not be entitled to UK citizenship if they were simply born here. They would only get UK citizenship if they were born here and then you got ILR.

Sometimes people are able to make discretionary applications on the basis their children have been born in the UK and have lived here for a long time so that it would be contrary to their human rights to expect them to go to another country and adjust socially and emotionally to the change. However, they would have to be living in the UK for a much longer time than the time by which you would have to apply for ILR.

I am sorry I coudl not have better news for you.

Tom
Customer: replied 1 year ago.

Whatever solution you have given me I knew it already but it is of no help so I dont seem that your advice has helped me in any way. Unfortunately I dont have any option but not to give a good rating for the service as I have no solution to it. I am sure as a solicitor you must have a solution for all the problems.


 

Expert:  Thomas replied 1 year ago.
No, I'm sorry that is not the way that it works in law.

The truth is that some peoples immigration status and rights cannot be resolved in their favour because they do not qualify under the Immigration Rules.

The Immigration Rules are Law, I cannot change that. All I can do with anyone who asks is advise them of how the Immigration Rules are likely to affect their situation. I have done that and am sorry that you do not consider the application of the rules to be in your favour.

Good luck anyway. I hope your do manage to reach the threshold.

Tom
Customer: replied 1 year ago.
Hi XXXXX switch from tier 2 general to tier 1 entrepreneur visa? What would be the documents required and how can I go about in arranging for the documents ?

Divesh
Expert:  Thomas replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience
 
 
 
Chat Now With A Solicitor
Thomas
Thomas
1808 Satisfied Customers
BA (Hons), PgDip, Practising Solicitor