ILR OLD WORK PERMIT HOLDERS EARNINGS REQUIREMENT

rajivilr · Post by **rajivilr** » Fri Mar 25, 2011 2:31 pm

Hi Ksenia,

I have to apply in second week of april so i am before you and have no clue what to do at all. My salary should be 45k as per code of practice when my wp was issued at 20k, either i go and protest in front of ukba and parliament or i go back, dont know coz i am feeling so depressed now with nothing in my mind.

Raj

Ksenia · Post by **Ksenia** » Fri Mar 25, 2011 3:11 pm

Rajivilr, I completely understand how you feel, such a stressful time this is.
I just called to UKBA again and the lady on the phone said that transitional arrangements will apply and has quoted from the statement of intent:

Although granted
leave to enter or remain with the intention that they
should undertake skilled or highly skilled work, these
groups currently are not required to demonstrate
this at the settlement stage. An income requirement
will help ensure that these migrants have continued
to work in skilled or highly skilled occupations
by confirming their income is at least the level
stipulated when they were last granted leave.

She said income criteria will affect only those who apply for extension on or after 6/04/11. I really hope she is right..
But anyhow, if you decide to go and protest, let me know, I'll come too:)

smaganti · Post by **smaganti** » Fri Mar 25, 2011 3:24 pm

I am on workpermit and will be eligible for ILR in July'11.I cannot see my job title in code of practice and i have got workpermit for 24k.Found another job title which has the same job description as mine and the salary is 26k..can i use this job title when applying for ILR..?

have been here from last nine yrs intially as student and from 2006 as WP.Will complete my 10 yrs as well in feb'12 and my visa expires in august'11.

rajivilr · Post by **rajivilr** » Fri Mar 25, 2011 3:31 pm

people working on phones in ukba just say anything literally they just read out from the website and that is it so we have to hope wait and see that there is something to cheer about i think

littlerice · Post by **littlerice** » Fri Mar 25, 2011 3:42 pm

Hi Ksenia,

I hope you still remember the exact time you called UKBA as you described, and the name of the lady you talked to, because when she talks to you, she represents the government, everything she said will count.

Post by **geriatrix** » Fri Mar 25, 2011 3:50 pm

littlerice wrote:Hi Ksenia,

I hope you still remember the exact time you called UKBA as you described, and the name of the lady you talked to, because when she talks to you, she represents the government, everything she said will count.

It doesn't.
Thought it wise to clear the (incorrect) perception.

ALI74 · Post by **ALI74** » Fri Mar 25, 2011 6:35 pm

Please dont delay in informing you MP . Just explain the unfairness of the rules and affects on you.
You can get the Mp address from House of Common wesite.
Please dont post standered letters , be specific and write letters not emails.
Spare an hour over the weekend to write letter.

I hope it is a matter of understanding .Guys our problem is so obious that any body would understand it just need to be explained properly.

Every thing counts till 6 April 2011.

I am very Hopefull that these Cruel Rules will be blocked.

We have to play our role .... And please let us know that evry body has played their role and let us know if any body hears any news from their local MP.

ts12 · Post by **ts12** » Sat Mar 26, 2011 11:55 am

littlerice wrote:not if it's a small change, but if you have a 50% pay rise, then questions will be asked. But as I read through other people's experience, when 5-year WP holders apply for ILR, P60 is not required (because your employer's letter would already certify that you have worked for them for continuously 5 year), so it can be seen as an accumulated annual increase.

If this is so, I guess a salary increase of about 10-12% on an accumulated basis would not require reporting? My wages have increased slightly, about 10% in some years but remained constant in some other years. So at the end of 5 years the salary could be quite different from the original work permit. Is this going to be a problem? Also it seems the COP is going to be revised from 6 Apr. Does it mean our salary for 2010/11 and future year till we apply for ILR will need to meet the revised salary codes?

syedomarkhalil · Post by **syedomarkhalil** » Sat Mar 26, 2011 1:18 pm

I am in the same boat as you all are. I got WP in Nov 2006 at 26K. I did not got any raise because my salary is mentioned in WP and according to WP i should be getting the same salary. i also did not asked for any raise because of the same reason, but now HO has changed the rules out of no where. I am so confused , my ILR is due in Nov.

rajivilr · Post by **rajivilr** » Sun Mar 27, 2011 12:26 pm

Hi all,

What worries me even further is that the COP is not on ukba website, we are only referring to the old cop and if they further increase the salary how would we cope up already they are looking for 100 to 200 percent salary raise.

aosun007 · Post by **aosun007** » Sun Mar 27, 2011 1:58 pm

Hi all,

What worries me even further is that the COP is not on ukba website, we are only referring to the old cop and if they further increase the salary how would we cope up already they are looking for 100 to 200 percent salary raise.

see the link below for the COP

http://www.ukba.homeoffice.gov.uk/emplo ... fpractice/

bani · Post by **bani** » Sun Mar 27, 2011 7:42 pm

Link you posted says â€“ " The codes of practice for these are currently being updated. For the moment, you should use the 2010/11 codes of practice published on the UK government web archive."

So it is the old COP. And even if you meet the income requirement now, there is no certainty that you will once the COP is updated.

Has anyone tried to email UKBA to say that the COP is wrong? They have instructions at the bottom of the page. I looked at the COP for my occupation (2112 - biological scientist/biochemist) and the salaries are consistent with my industry, as far as job adverts go. But if you think the COP for your occupation is wrong, you should contact them with evidence (e.g. in a previous poster's case, I think "IT manager" could mean different things, have different job descriptions in different companies).

aosun007 wrote:
Hi all,

What worries me even further is that the COP is not on ukba website, we are only referring to the old cop and if they further increase the salary how would we cope up already they are looking for 100 to 200 percent salary raise.

see the link below for the COP

http://www.ukba.homeoffice.gov.uk/emplo ... fpractice/

ALI74 · Post by **ALI74** » Sun Mar 27, 2011 9:08 pm

WP Holders friends

I hope the unfair law will be blocked by the parliment .
Otherwise the 1st victoms will have to challange if refused .

1) Legitimate Expectation (Past 4.95 Precious Years (Carrier Buiding years) spent in UK with the hope to get ILR no one can bring those years back)
2) Human Rights (WP Holders being in a contract for five years with out any mention of payrise by HO at the start or in the last 4 years ,it will not be fair to tell some one who has only one month or two months to complete 5 years )

So WP hoders should be assessed to the origional contract of work permit.

Wait for the time....
Hope there would be a good news of exemptions of earning requirement for
The Closed employment Categories.

Good Luck the passenger of the same boat

York123 · Post by **York123** » Mon Mar 28, 2011 9:17 am

Hi,
Iâ€™m eligible for ILR in May 2011. Iâ€™m on old work permit visa. If they new rules are implemented I will be eligible for ILR. The only option I will be left with is to leave the country as my employer is not willing to process my Tier-2 application(we cant extent the work permit visa after 5 yrs).
I wrote to many MPâ€™s reagrding this & also met my local MP personally. He said they cant stop the rules being implemented.
Can I do anything legally?

rajivilr · Post by **rajivilr** » Mon Mar 28, 2011 9:36 am

Hi York

I dont know if anything can be done legally or not but certainly its not fair as if we were issued work permits at lets say 20k and now cop says that the profession should have 50k then who would be able to get such an increase in 5 years, and because we are on wp and its employer specific we cant change employers and neither anyone will sponsor the tier2 coz of the complication of rules that the employer has to go through. I am stuck myself and hoping they do something with the old WP holders and expect the new rules to be formally published very soon may be in a day or two as they have to be in effect from 6th April.

Raj

rajivilr · Post by **rajivilr** » Mon Mar 28, 2011 9:45 am

Hi Bani,

It was my case as my WP states IT manager and in COP its 45k which will be updated again and dont know to what but the field is huge and I dont know how will they assess it. I just checked reed and IT manager's average salary is no more than 40k its less than that only.

Raj

bani · Post by **bani** » Mon Mar 28, 2011 9:18 pm

Hi rajivir,

Problem is IT Manager is such a vague title, so smaller companies or even departments in hospitals/schools/universities will not be paying Â£45K for the person who manages the network and computers of a group.

I found this advert for instance, pay is only up to Â£35K
http://www.computingcareers.co.uk/job/401799/it-manager

Also some more here with varying salaries:
http://www.cwjobs.co.uk/JobSeeking/%28I ... er%29.html

I suggest
(a) ask your employer to change your job title to something on the Codes of Practice that is around your salary that still gives close job description

(b) email UKBA on that website that you think the salary they prescribe for "IT Manager" is wrong. Find some more adverts (such as what we both found), documents, they will ask for proof.

Good luck. It is hard work. But a lot of us are writing MP's, UKBA; you're not alone.

rajivilr · Post by **rajivilr** » Tue Mar 29, 2011 9:57 am

Hi Bani,

Thanks for your reply, I have already written to the MP once and will do that again but if I change my job title, do I need to inform home office. I have certainly got my salary appraised since my WP was issued and my lawyer said there is a transitional phase where old applicants are normally allowed under the old rules but still its a worry. Even if they look for an appraise in salary since the last WP was issued it is ok but following only COP will be a big issue.

Raj

bani · Post by **bani** » Tue Mar 29, 2011 3:34 pm

rajivilr wrote:Hi Bani,

Thanks for your reply, I have already written to the MP once and will do that again but if I change my job title, do I need to inform home office. I have certainly got my salary appraised since my WP was issued and my lawyer said there is a transitional phase where old applicants are normally allowed under the old rules but still its a worry. Even if they look for an appraise in salary since the last WP was issued it is ok but following only COP will be a big issue.

Raj

Hi Raj,

Yes, you probably will have to inform UKBA of a change of job title, sorry I didn't think of that.

But do write UKBA about the COP salary for "IT Manager" being too high.

Good luck, I hope too that there will be a fair transitional phase.

ALI74 · Post by **ALI74** » Tue Mar 29, 2011 10:17 pm

http://www.parliament.uk/briefingpapers ... -05922.pdf

Some Hopful Transitional arraingmets clues.

New minimum income requirement: As already mentioned, from 6 April, Tier 1 and Tier 2 migrants (and those that entered under their predecessor categories) who apply for Indefinite Leave to Remain will be required to satisfy the same minimum income/appropriate rate criteria as applied when they last extended their leave to remain. This aims to ensure that persons granted entry to the UK in order to undertake skilled or highly skilled work continue to work in such occupations after entry.

rajivilr · Post by **rajivilr** » Wed Mar 30, 2011 9:13 am

Hi Ali,

Thanks for the info and it was just out yesterday only problem is i will not believe them till they come up with the final rules, they said this earlier and then backed off and now saying it again so no idea really but its good atleast will let us sleep for a few days till final rules are out

Raj

littlerice · Post by **littlerice** » Wed Mar 30, 2011 2:20 pm

ALI74 wrote:http://www.parliament.uk/briefingpapers ... -05922.pdf

Some Hopful Transitional arraingmets clues.

New minimum income requirement: As already mentioned, from 6 April, Tier 1 and Tier 2 migrants (and those that entered under their predecessor categories) who apply for Indefinite Leave to Remain will be required to satisfy the same minimum income/appropriate rate criteria as applied when they last extended their leave to remain. This aims to ensure that persons granted entry to the UK in order to undertake skilled or highly skilled work continue to work in such occupations after entry.

This does sound good. At least it means the aim of this particular new rule is only to make sure people on WP or Tier2 stays in their job throughout the time they are here, rather than to purposefully kick people out after 5 years.

rajivilr · Post by **rajivilr** » Wed Mar 30, 2011 2:34 pm

It looks like it I mean if they issued visas at 20k and now looking for 50 or 60 thats not reasonable but if they are looking at some hike since the original WP was issued then it sounds more fair.
I dont know when are the new rules finally coming out, I was expecting on around 29th 30th but they are still not out yet and if they have to be implemented from 6th april they shouldnt be too far away i guess.

Raj

tara55 · Post by **tara55** » Wed Mar 30, 2011 6:31 pm

I got reply from UKBA that WP ILR will be based on codes of practice..

bani · Post by **bani** » Wed Mar 30, 2011 9:48 pm

from 3.2
"Transitional arrangements will enable persons in the UK before 6 April 2011 as a Tier 2 (General) migrant (or one of its predecessor categories) to apply to extend their leave to remain without being subject to the limit or the new requirements for a graduate level occupation, English at CEFR level B1 or minimum salary thresholds. This will be regardless of whether they are extending their leave with their previous employer or with a new employer.27"

This is good news. As it means if you don't meet the COP salary, but are already here on WP, you can at least extend your stay as Tier(2). It is not ILR, but it does give you some time and the opportunity to apply for another job [with same or different employer] to get the right salary and hopefully ILR.

ALI74 wrote:http://www.parliament.uk/briefingpapers ... -05922.pdf

Some Hopful Transitional arraingmets clues.
.

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ILR OLD WORK PERMIT HOLDERS EARNINGS REQUIREMENT