Common salary mistake when applying for ILR

It is often (wrongly) thought that the above minimum salary for ILR is the actual minimum. In reality, there are 2 rules on Tier 2 salary for ILR, so a sponsor has to be paying the highest of them.

Rule 1: the minimum as above.  Below that minimum ILR application won’t succeed.
Rule 2: the salary has to still be paid at the appropriate level, as per the Code of Practice for the given SOC code (occupation).  

Example 1: a migrant is working under code 2421 Chartered and certified accountants.  Experienced salary level is £29,000 pa (for 39 hours per week). ‘ILR minimum’ salary is £35,800 if the date of application is on or after 6 April 2019. Therefore, the Tier 2 sponsor has to increase salary to ‘ILR minimum’.


Example 2: a migrant is working under code 2419 Legal professionals not elsewhere classified  Experienced salary level is £48,200 pa (for 39 hours per week). ‘ILR minimum’ salary is £35,800 if the date of application is on or after 6 April 2019. In this case, the Tier 2 sponsor has to pay minimum  £48,200 pa because it is higher of 2 ‘minimums’. 


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