Work Permits and Salary Increases

[robdylan]

Hi guys

Getting some conflicting advice here. As I am a work permit holder, does my employer need to get BIA approval in order to give me a salary increase?

Any (and all) input much appreciated

Rob

[Markie]

No BIA approval at all.

Your salary increase has nothing to do with the BIA. market forces drive your salary as well as your performance. so long as it is within the same job function...no problem at all.

Hi guys

Getting some conflicting advice here. As I am a work permit holder, does my employer need to get BIA approval in order to give me a salary increase?

Any (and all) input much appreciated

Rob

[robdylan]

ok - so the fact that my initial salary was specified on my WP is completely incidental?

Anyone know if they're going to apply any funny conditions in terms of renewing under the new T2 Points System? Will my employer need to re-justify not hiring a British person to replace me?

[PaperPusher]

Markie, this is not true.

Please see the business and commercial guidance

If the application involves a change to the duties and conditions of work from those on the previous work permit application (other than Technical Changes see paragraphs 141 -147), a search of the resident labour market will normally be required (see paragraphs 49 - 73)

and the
caseworker guidance

Different job, same employer
A change of employment application is required where there is a substantial change to terms and conditions of the employment for which a work permit has previously been approved. Caseworkers should ensure that a labour market search has been carried out for applications where any of the following circumstances occur except for Tier 1 applications:
• the permit holder’s salary has significantly risen in addition to any annual increments, as a higher salary is likely to attract more applicants when the post is advertised appropriately (if the salary has risen only because of annual increments, it may be appropriate to consider any such application under the technical change of employment category).

robdylan, I would say it depends. If your employer had to advertise the post (ie not a shortage occupation) and you have had a large increase, they should consider doing a change of employment application. The reason for this is that they got no suitable applicants with the lower salary, but this may be different for a higher salary and the UKBA also has to protect the resident labour market.

What % annual increase have you had?

Regards

PP

[Markie]

Paperpusher you may be right but I do not think a company needs to send your salary increase to the BIA...this was i read from the post.

In the first place the reason you got the job is that there are no local labour available...as earlier mentioned if the job falls in the short list then chances are you may have a higher than average increase and so long as it falls within the same spectrum of your job function and the company is able to justify the increase when confronted by the BIA during their "surveillance" then it will be ok.

Markie, this is not true.

Please see the business and commercial guidance

If the application involves a change to the duties and conditions of work from those on the previous work permit application (other than Technical Changes see paragraphs 141 -147), a search of the resident labour market will normally be required (see paragraphs 49 - 73)

and the
caseworker guidance

Different job, same employer
A change of employment application is required where there is a substantial change to terms and conditions of the employment for which a work permit has previously been approved. Caseworkers should ensure that a labour market search has been carried out for applications where any of the following circumstances occur except for Tier 1 applications:
• the permit holder’s salary has significantly risen in addition to any annual increments, as a higher salary is likely to attract more applicants when the post is advertised appropriately (if the salary has risen only because of annual increments, it may be appropriate to consider any such application under the technical change of employment category).

robdylan, I would say it depends. If your employer had to advertise the post (ie not a shortage occupation) and you have had a large increase, they should consider doing a change of employment application. The reason for this is that they got no suitable applicants with the lower salary, but this may be different for a higher salary and the UKBA also has to protect the resident labour market.

What % annual increase have you had?

Regards

PP

[robdylan]

Markie, this is not true.

robdylan, I would say it depends. If your employer had to advertise the post (ie not a shortage occupation) and you have had a large increase, they should consider doing a change of employment application. The reason for this is that they got no suitable applicants with the lower salary, but this may be different for a higher salary and the UKBA also has to protect the resident labour market.

What % annual increase have you had?

Regards

PP

Last year I got around 1%, which I assume wouldn't be a problem. This year, I am pushing hard for 8%, which I am sure would fall outside of the bounds of a normal annual increase.

So, let's assume my employers have to apply for a change to my work permit. How will this affect my existing leave? Would they then automatically issue a new work permit for another 2-3 years based on the new conditions of employment (assuming I pass the resident labour market test, which I would because my skills are quite specialised and in incredibly short supply)? Or would they just amend my current WP and then I would need to go through the entire rigmarole AGAIN when I need to renew in May next year?

I am on the verge of just switching to Tier 1 to get around all this nonsense, although the costs involved are putting me off somewhat.

I gather there are people on this forum who could assist me with that?