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WorkPermit Code of Practice

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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smaganti
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WorkPermit Code of Practice

Post by smaganti » Sun Mar 20, 2011 1:21 pm

Hi..

I am on work permit and will be applying for ILR in July'11.My Job Tiltle is Web Analyst.I couldn't find my Job Title in Code of Practice for Tier 2.I did find job title Web Design which has the same job description as mine.

Can i consider the salary for web design for my job title as well i.e web analyst when applying for ILR.Because from Apr6th 2011 anyone who is on workpermit should have the same salary as mentioned in code of practice..

please let me know

smaganti
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Post by smaganti » Sun Mar 20, 2011 8:43 pm

could you please let me know if anyone knows about the query i have asked

arsenal49
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Post by arsenal49 » Sun Mar 20, 2011 8:50 pm

ukba guidance states...

if you cant find the exact job title in code of practice, then you must choose the one which is closest to your current job description.

i dont have the source reference though, sorry

littlerice
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Post by littlerice » Mon Mar 21, 2011 8:37 am

So am I right to say: since it's down to employer to certify your job title when applying for ILR after 5-years WP, with the job title on my WP documents not on that list, it's possible to choose one that's on the list and not far off from what I am doing and most importantly, with a low salary requiement?

York123
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Post by York123 » Tue Mar 22, 2011 1:20 pm

When i got my Work Permit Visa there is no salary criteria.But now if i check the salary for my Job Title it is showing more than what I'm earning. In such case even if I get a letter from my employer will it mean I wont get ILR.

Is it sure that Work Permit Holders need to meet the salary according to their Job Code just like tier -2 applicants?

Please some one answer to my question.

rbk1597
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Post by rbk1597 » Tue Mar 22, 2011 4:05 pm

In country extensions, or ILR using WP or Tier2 obtained priot to 6 April 2011 are not subject to the new rules (re: salary levels) So there is no need for you to worry.

York123
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Post by York123 » Tue Mar 22, 2011 4:23 pm

I'm going to apply in May 2011...

arsenal49
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Post by arsenal49 » Tue Mar 22, 2011 4:33 pm

if what rbk1597 states is true... then york123 it should be fine as you will be making app from inside country

geriatrix
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Post by geriatrix » Tue Mar 22, 2011 5:40 pm

rbk1597 wrote:ILR using WP or Tier2 obtained priot to 6 April 2011 are not subject to the new rules (re: salary levels) So there is no need for you to worry.
And the basis of such a claim is ..... ?

York123, read point 10 in the statement of changes.
Life isn't fair, but you can be!

noor1034
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Post by noor1034 » Tue Mar 22, 2011 6:25 pm

sushdmehta wrote:
rbk1597 wrote:ILR using WP or Tier2 obtained priot to 6 April 2011 are not subject to the new rules (re: salary levels) So there is no need for you to worry.
And the basis of such a claim is ..... ?

York123, read point 10 in the statement of changes.
I agree with sushdmehta and I actually asked the same question to UKBA and the answer was your income should be as per code of practice?

Now the question is what will happen with people on work permit and they are earning less than as in Code of Practice ?

I think this will challenge in court as long as WP holders are earnings as per WP document then they should be allowed for ILR.

littlerice
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Post by littlerice » Tue Mar 22, 2011 6:51 pm

littlerice wrote:So am I right to say: since it's down to employer to certify your job title when applying for ILR after 5-years WP, with the job title on my WP documents not on that list, it's possible to choose one that's on the list and not far off from what I am doing and most importantly, with a low salary requiement?
Any thought on this? A lot of job titles on the WP documents are not on today's code of practice list, specially those with something like "trainee" or "graduate", so your job title now is for your employee to "certify", and one word can make a big difference, for example on that list, "fashion designer" should have £25k, but a "dressmaker" or "handcraft tailor" should only have £20k, so you tell me which job title you should put on that letter.

And the HO did say if your job title is not on the list, you just need to pick the closest.

But obviously you should make the same or more than the stated salary on you initial WP document.

York123
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Post by York123 » Tue Mar 22, 2011 9:53 pm

Even I have these doubts about salary criteria..
We dont have any salary criteria when we got work permit.
And also i dont know from how many days we need to show this salary.

littlerice
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Post by littlerice » Tue Mar 22, 2011 10:08 pm

York123 wrote:Even I have these doubts about salary criteria..
We dont have any salary criteria when we got work permit.
And also i dont know from how many days we need to show this salary.
Yes, we don't have salary criteria but when our employer applied WP for us there is a stated salary or expected salary on your document, it's worth finding out.

As for how many days, let me quote the "statement of change":
his employer certifies that he is paid at or above...
So I would say unless there is further guidance, since we need to show 3 month payslip, 3 month would be my answer. But even if you get a pay raise at the last week before your application for ILR, it's still within the rule. Otherwise the rule would have to say:
his employer certifies that he has been paid at or above...... for *%$# month
After all WP was not originally meant to be for skilled or highly skilled people, anyone who has a job offer that couldn't find a suitable local applicant can have WP.

Now here is another dilemma for the gov't, say someone on 5 year WP applies for ILR and got rejected because of the salary, he then can turn around and take the employer to employment tribunal for not getting paid a UK appropriate rate and win the case, get all the back dated salary, and can apply again for ILR with enough salary. How's this for a strategy.

rbk1597
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Post by rbk1597 » Wed Mar 23, 2011 11:25 am

people, you are takingathis all wrong.
Salary level requirements WILL NOT AFFECT current WP holders for the purposes of ILR or extension.

Read paragraphs 77 -79 of the Statement of Changes

littlerice
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Post by littlerice » Wed Mar 23, 2011 1:45 pm

rbk1597 wrote:people, you are takingathis all wrong.
Salary level requirements WILL NOT AFFECT current WP holders for the purposes of ILR or extension.

Read paragraphs 77 -79 of the Statement of Changes
Not sure what are you refering to as paragraphs 77-79.

If you mean paragraphs 77-79 in all the changes, then they refer to 245ZQ in the Immigration Rules which is about Tier 5 (Temporary Worker) Migrants .

If you mean paragraphs 77-79 in the Immigration Rules, they are about children and spouse of students.

If you read Changes 10 on page 6 of this, http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary, in conjuction with this, http://www.ukba.homeoffice.gov.uk/polic ... les/part5/
you'll see that change 10 of the statement of change is for no one other than WP holders.

Now who has any thought on confusing the job title suggestion?

tanvirni
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Post by tanvirni » Wed Mar 23, 2011 2:05 pm

rbk1597 wrote:people, you are takingathis all wrong.
Salary level requirements WILL NOT AFFECT current WP holders for the purposes of ILR or extension.

Read paragraphs 77 -79 of the Statement of Changes
Can you please clarify this.

Thanks

Markie
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Post by Markie » Tue Mar 29, 2011 12:13 pm

Having gone through the doc and as mentioned by Sushdmehta, WP holders will also need to meet the salary req't as stated in item 10 under Changes (see page 6 of Hc863) and also under changes in ILR requirements under 7.13 (page 60 of same document).

tanvirni wrote:
rbk1597 wrote:people, you are takingathis all wrong.
Salary level requirements WILL NOT AFFECT current WP holders for the purposes of ILR or extension.

Read paragraphs 77 -79 of the Statement of Changes
Can you please clarify this.

Thanks

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