variation on WP salary

smiles345 · Post by **smiles345** » Sun Mar 29, 2009 8:24 pm

My friend work ina care home under Work Permit . the employer paying 21 pence lesser per hour than what its on WP. and its only been happening for the last 3 months . she has been given technical change of employment for a different care home within the group. she notifies to the employer and they gonna correct them and pay in next month. but the home office people are coming for the compliance check. would that be a problem for her if they see 21 pence lesser in actual pay an hour. please advise and thanks in advance

senthil78 · Post by **senthil78** » Mon Mar 30, 2009 6:27 pm

smiles345 wrote:My friend work ina care home under Work Permit . the employer paying 21 pence lesser per hour than what its on WP. and its only been happening for the last 3 months . she has been given technical change of employment for a different care home within the group. she notifies to the employer and they gonna correct them and pay in next month. but the home office people are coming for the compliance check. would that be a problem for her if they see 21 pence lesser in actual pay an hour. please advise and thanks in advance

Hi,
If it is technical change of employment even within the same company, you need to get a new WP and FLR. Has your friend got a new WP for the change in employemt?. If he isn't, then it is illeagal to work. Ask him to change his role back to as mentioned in the WP.

smiles345 · Post by **smiles345** » Mon Mar 30, 2009 9:06 pm

NO,thats not right. please got through this link. he obtained techincal change before the PBS came in to effect

http://www.bia.homeoffice.gov.uk/workin ... lications/

senthil78 · Post by **senthil78** » Tue Mar 31, 2009 12:02 am

smiles345 wrote:NO,thats not right. please got through this link. he obtained techincal change before the PBS came in to effect

http://www.bia.homeoffice.gov.uk/workin ... lications/

Where did he obtain technical change from HO or His employer? I am also an WP and I tried to change my role within the company in 2007. I enquired HO and they asked me to apply a new WP and FLR. It was a small change in the role. I would suggest you get confirmation from HO.

munisa · Post by **munisa** » Tue Mar 31, 2009 12:50 pm

senthil78 wrote:
smiles345 wrote:NO,thats not right. please got through this link. he obtained techincal change before the PBS came in to effect

http://www.bia.homeoffice.gov.uk/workin ... lications/
Where did he obtain technical change from HO or His employer? I am also an WP and I tried to change my role within the company in 2007. I enquired HO and they asked me to apply a new WP and FLR. It was a small change in the role. I would suggest you get confirmation from HO.

senthil78,
Would a change in job title constitute to a technical change? Am asking because I am also on WP and my job title changed at some point but the roles and responsibilities did not. It was a sort of re barnding titles.??

senthil78 · Post by **senthil78** » Tue Mar 31, 2009 8:17 pm

munisa wrote:
senthil78 wrote:
smiles345 wrote:NO,thats not right. please got through this link. he obtained techincal change before the PBS came in to effect

http://www.bia.homeoffice.gov.uk/workin ... lications/
Where did he obtain technical change from HO or His employer? I am also an WP and I tried to change my role within the company in 2007. I enquired HO and they asked me to apply a new WP and FLR. It was a small change in the role. I would suggest you get confirmation from HO.
senthil78,
Would a change in job title constitute to a technical change? Am asking because I am also on WP and my job title changed at some point but the roles and responsibilities did not. It was a sort of re barnding titles.??

It should be fine as long as the role and responsibility is not changed. Just keep in mind, when you submit any letter to HO from your employer, don't forget to put the same job title as in the WP (While applying ILR or anything). If you don't do this, it will create a confusion and you will have to give explaination.

smiles345 · Post by **smiles345** » Tue Mar 31, 2009 9:45 pm

the employer applied technical change on his behalf and it has been approved. all they asked is to provide his leave to remain copy. please be aware that my friend's case was a moving location within the company [technical change] there werent any problem at all.

smiles345 · Post by **smiles345** » Tue Mar 31, 2009 9:47 pm

i think we are diverting from the original post. could anyone shed some light on the salary variation please?

Post by **PaperPusher** » Tue Mar 31, 2009 10:15 pm

It could be a problem. However it would be much less so if it was a genuine mistake and is not happening to other people, and if the most recent payslip has the back pay and correct monthly pay.

Discrepancies or issues discovered during checks
169. We anticipate that, on many occasions, checks will not reveal any problems. In these cases, we will notify you that we are satisfied that everything is in order.
170. Where there are discrepancies discovered before we have made a decision on your application, the relevant team will let you know whether we require further information before making their decision on your application(s).
171. If we find discrepancies on applications where the work permit has already been issued and the overseas worker has taken up post, we will work with you to take steps to bring the employment back in line with the work permit arrangements if possible.
172. However, there may be occasions where we find evidence to show that an employer or representative has knowingly deceived us, or where
we cannot verify the statements made in the application. In these cases, the Compliance Team have the right to revoke the work permit(s), and
consequently curtail the leave that the overseas national has to remain in the UK. Where appropriate, we may instigate prosecution of employers (or representatives) under the relevant immigration, or other, legislation.

See the guidance about compliance visits:

http://www.ukba.homeoffice.gov.uk/sitec ... de0408.pdf

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