ILR OLD WORK PERMIT HOLDERS EARNINGS REQUIREMENT

ALI74 · Post by **ALI74** » Wed Mar 30, 2011 10:17 pm

I Have only two months left to apply for ILR
and I am working Monday to friday with my current employer
My contract of employment ask me to give three months notice of leaving the job

How can I get a job ....

is the transitionl arraingments anything to people whose ILR is due with in next 6 months..

Totally unfair ,Work permit holder should be treated under HSMP JR

rajivilr · Post by **rajivilr** » Thu Mar 31, 2011 9:22 am

Hi Tara,

I think we should wait for the new rules to be published and see what we can do from there on. Twice they have indicated that the old WP holders will have to prove they are still working in a ighly skilled job as per there work permits so lets wait and hope that final rules favour us a bit, as till now whatever has come out has looked very vague.

Raj

York123 · Post by **York123** » Thu Mar 31, 2011 9:57 am

Hi ..

But will there be any transitional arrangements for someone who is on Work Permit Visa for 5 yrs.
In UKBA website they say that after 5 yrs on Wort Permit or Tier-2 visa we cannot extend it further but we need to process it as a new application even though we work for same employer.

Any comments on this.

rajivilr · Post by **rajivilr** » Thu Mar 31, 2011 10:05 am

Hi York,

I agree with you, earlier there was no extension criteria but we will have to wait for the final rules to be published and i am hoping they are soon. I think any day now.

Raj

York123 · Post by **York123** » Thu Mar 31, 2011 11:40 am

I called home office today.They r saying they dont have any guidance & asking me to check in website.

I want to know whether we need labour test if we continue for the same employer.

My visa expires on June 1st & the job advertisement should be atleast there for 1 month & after that interviews & all will take time.

I dont know how these home office people can say that they dont know anything.

Please post any information you get. That will be helpful.

rajivilr · Post by **rajivilr** » Thu Mar 31, 2011 12:15 pm

Hi York,

My Visa expires on 5th May and since i entered country on 15th may i can only apply on 17th april, i have 15 days after my fate is decided to pack and go or stay and really stressed about it.

Feel like i was forced into bonded labour for 5 years and now after saying earlier that you can apply for ILR they ask you to get out.

Raj

York123 · Post by **York123** » Thu Mar 31, 2011 6:46 pm

Hi all,

I went through the document where it is saying about transitional arrangements.

Do you people think if we dont meet the salary criteria for ILR can we apply for extension of Work Permit visa after 5 yrs without any salary criteria???

I mean even if i'm not getting the salary mentioned for my profession, will I atleast get an extension to my visa?

bani · Post by **bani** » Fri Apr 01, 2011 4:24 pm

York123 wrote:Hi all,

I went through the document where it is saying about transitional arrangements.

Do you people think if we dont meet the salary criteria for ILR can we apply for extension of Work Permit visa after 5 yrs without any salary criteria???

I mean even if i'm not getting the salary mentioned for my profession, will I atleast get an extension to my visa?

Yes, you will get an extension of your visa. (see my last post and underlined section).

But some things still need clarification â€“ Is it going to be the same visa as you had before? Or will it be something like Discretionary Leave? Is it going to reset your ILR clock?

York123 · Post by **York123** » Fri Apr 01, 2011 6:24 pm

@Bani:
I have checked the underlined portion of your post but according to my understanding the new salary threshold they mean here is Â£ 20000 minimum salary for Tier-2.

But for extension i think we need to meet the salary according to COP.

But if we meet salary is COP then we will get ILR itself.

As you said may be we need to wait for further clarification.

But according to my understanding they mean the new minimum salary threshold of atleast Â£ 20000 salary.

Hope for the best!

littlerice · Post by **littlerice** » Sat Apr 02, 2011 10:09 am

York, forget about all the statement and news clips, it's very clear already if you just follow the rules and the change of rules itself.

Assuming you are on a 5-year WP as I gathered, all you need to do to get ILR (apart from the old rules and criminality rules), is to match your current salary to COP. If the salary in the COP is ridiculously high, then as long as your salary is the same or higher than the number on your original WP document, you should be fine, because law in England is about reasonable, no one can be expected to have their salary doubled in 5 years. The Â£20k figure mentioned is only for people applying for their first Tier2 from oversee right now.

I just don't understand why you think you couldn't get your ILR.

When we applied for WP nearly 5 years ago, there was NO salary criteria as such, but on your WP document there should be a salary mentioned which is simply a declaration from the employer that you would be paid that amount after you got your WP. From your previous post, I gather that you don't know the amount on your WP? I suggest you find out from your Human Resource or the law firm that helped with your original WP application.

ALI74 · Post by **ALI74** » Sat Apr 02, 2011 11:03 am

I agree with Littlerice

"Reasonable Salary"

Must be at least the origional Amount of the WP.
And Possibly
An increase in line with the rate of inflation.
Or
An increase in line with increase in official minimum wage rate
Or
An increase in line with company current policy for the rest of employees.

Any body who has these should not worry too much.

Ryco1200 · Post by **Ryco1200** » Sat Apr 02, 2011 11:23 am

Hi all, this is my first post and i would just like to say how helpfull this forum has been for me with regards to the new rules that are been implemented.

If you have a look at the post of sushdmehta at the beginning of this topic you will find that the new immigration rules state that work permit holders will have to show that they are earning the appropriate salary for their job in the published COP on UKBA website. That means they can refuse ILR on the basis that you do not meet those requirements. They did say originally in their statement of intent that they would go by the salary last used when you applied for the WP, but the new immigration rules go by the COP only.

These guys have always changed the goal posts and it seems they are able to do it as and when the like,just like how they changed from 4-5 years qualifying period for ILR. there is no fairness in it. That have to cut the numbers of immigrants as they promised and the only way to do it is being unfair to us.

littlerice · Post by **littlerice** » Sat Apr 02, 2011 1:50 pm

Ryco1200,
The thing with COP is, it has only a handful of job titles in it, even if one of the job title in COP is exactly the same as yours, it doesn't mean that you are doing the same thing that's intended by the COP, let alone a lot of people here having a job title that's not even on it.

For example, in the COP a Fashion designer's minimum rate is Â£25k, and a Handcraft dressmaker's is Â£20k, so if you are working in this field, you tell me which job title you'll pick when you are applying for your ILR. Afterall, it's up to you and your HR manager to "certify" your job title.

ts12 · Post by **ts12** » Sat Apr 02, 2011 2:27 pm

So far two things seem to be clear- the first is that you must be earning at least what you were as per your WP. The second is your salary should now be as per COP. But which COP? UKBA website says COP is under revision. Once it is revised and suppose the salaries have been upscaled, will it apply retrospectively for previous years as well? I personally dont think so. What do others think? I think it will apply for periods after the date it is published. Plse comment.

Ryco1200 · Post by **Ryco1200** » Sat Apr 02, 2011 3:01 pm

I think the COP to be used for us who are here already is the one for NVQ3 which is currently being updated, I don't think salaries will change too much some might be a bit lower as they are using details from ASHE from office of statics and taking the 25th percentile of earnings for NVQ3. Maybe they are adding job titles for work permits that were issued and are not on COP. If you apply for ILR before it is updated I suppose we just use the one on archive.

In any event if your job title is not on the COP then you are a bit lucky because you can choose something similar in your trade maybe with one or two same duties but more importantly something with a salary you are on. They will not say its a technical change because it is a letter from employer stating that it is a job the matches yours closest. It is not your fault that it is not on the COP.

The problem is for those who have the exact job title in the COP and can't meet salary requirements.

rajivilr · Post by **rajivilr** » Sat Apr 02, 2011 3:12 pm

The problem is that they have given the indication of changes twice but have never been clear about the WP holders as the tier2 were always on the COP but dragging WP holders to follow COP when there original WP's were issued at half the salary of COP is not fair. As long as they are looking for an increase from the original WP its fair enough but as I gave my example my WP was issued at 23k and now asking for 45k for the same profession and if the new cop is out which i am sure will be in a few days they might ask for 55k so expecting that salary when original WP was issued at 23k in such an environment when people are loosing there jobs and taking paycuts to keep there existing one's does not sound right and fair. We have a meeting with the HSMP forum owner and lawyers tomorrow and we will discuss this at lenght, the criminality point and few more. If anyone is in and around london and could make it up for the meeting we plan to meet at hounslow in london and we are looking for as many people as possible you are more than welcome to join us. Please PM me so i can send you the details. I Will be there and hoping for as many people as possible to be there.

Raj

rajivilr · Post by **rajivilr** » Sat Apr 02, 2011 3:21 pm

Also how fair would this be that people on tier2 who were as per cop salary and now with the revised salaries coming out in a few days are not able to get the increase, this is like bullying you to get your salary raised and pay more taxes so it can go as benefits, also not a invalid point to sue the employer for not giving the right amount of salary as per cop and drag them to court. Not failing to mention the amount of torture immigrants have to go through waste important years of there lives trying to work give to economy, govt and employer and then finding oh u cant stay here and please leave.

All sound very vague but I am sure that these new rules will be in place and out by monday as they come in effect from 6th april.

I have spent my carrer making years of 20 to 30 in this country just to find myself in no man's land after so much hard work.

Ryco1200 · Post by **Ryco1200** » Sat Apr 02, 2011 3:44 pm

Rajivilr, I agree with you totally mate, we are in the same boat. If I knew this would happen I would never have bothered to start a life here? Nothing we can do now, our years have past.

Tomorrow they will say that these temp work routes are not eligible for ilr, they are already working on it, these new rules are just the beginning.

You are right about employers as well, they take advantage of us knowing we have to work all these years. With regards to the COP, those salary thresholds are carefully researched every year by the office of statistics, they are not just made up by UKBA. Therefore if you have an exact match of job title and you find your salary is far lower then somewhere there is a major issue, because the threshold for most salaries in each job of the COP is taken as the 25th percentile of everyones salary who works in that job. So your employer has had a good deal for all these years.

rajivilr · Post by **rajivilr** » Sat Apr 02, 2011 4:02 pm

yeah its like being bonded with a job coz you cant change jobs get cheap labour somehow from somewhere and then kick them out, and then they talk about human rights, asylum seekers are so much better off than us get money from govt no rules apply to them nothing, better to be asylum seeker in this country that to work your socks off and finding yourself nowhere

Ryco1200 · Post by **Ryco1200** » Sat Apr 02, 2011 5:48 pm

Raj, i hope something does change for the sake of those applying for ilr solely on the basis of WP. The new rules for us on WP are unfair as we know because COP was made up for Tier 2. The problem is that they have not thought about it in such depth and have changed things too quickly by placing tier 2 conditions into the WP criteria for ILR. It will be unfortunate for those that are applying soon after the 6th. Their thinking i presume is that if your employer still requires you,then surely they can find your job or something similar on the current COP with the relevant skill level and salary for you. If they cant find something similar for your position or you dont meet salary criteria then that means you are being under paid or your job is not at that skill level anymore because of salary.

They just need to be challenged because it is absolutely unfair on us. They are focusing their attention on employers, and not thinking about the consequences for the workers.

bani · Post by **bani** » Sun Apr 03, 2011 11:11 am

The underlined section was "without being subject to the limit or the new requirements for a graduate level occupation, English at CEFR level B1 or minimum salary thresholds."

"Without being subject to" means you are exempt / won't have to meet the new requirements.

York123 wrote:@Bani:
I have checked the underlined portion of your post but according to my understanding the new salary threshold they mean here is Â£ 20000 minimum salary for Tier-2.

But for extension i think we need to meet the salary according to COP.

But if we meet salary is COP then we will get ILR itself.

As you said may be we need to wait for further clarification.

But according to my understanding they mean the new minimum salary threshold of atleast Â£ 20000 salary.

Hope for the best!

Post by **geriatrix** » Sun Apr 03, 2011 1:51 pm

Guys, stick to ILR related queries relevant to the "subject of the topic". For "extension" related queries please post in the relevant forum.

bani · Post by **bani** » Sun Apr 03, 2011 10:20 pm

sushdmehta wrote:Guys, stick to ILR related queries relevant to the "subject of the topic". For "extension" related queries please post in the relevant forum.

All recent posts are relevant to ILR. The "extension" I posted is a transitional arrangement for those who can't qualify for ILR.

York123 · Post by **York123** » Mon Apr 04, 2011 9:17 am

@littlerice:

I wont be qualified for ILR becoz i have unspent driving conviction & also my salary dont meet the salary mentioned in COP.

Now i just want to now if there will be any transitional arrangements for us without meeting the salary in COP.

That is the only option I have orelse i need to leave the country..

@ bani: thanks for the reply.
If you were correct then I can atleast extent my visa.
Hope atleast i can do that by gods grace.

rajivilr · Post by **rajivilr** » Mon Apr 04, 2011 9:38 am

Hi York,

Just to make this clear unspent driving convictions are those that you receive from court fines and points etc. If you have a FPN they are not considered,, you need to declare it but they will not effect the decision and about salary as per COP we should wait and see what we get which should be anytime soon whether they ask for increase in salary or as per COP. In any case we can apply for extension and you could make your employer agree to pay you as per COP as that is what is required if in case it is, I am also waiting to see what will be the outcome.

Raj

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ILR OLD WORK PERMIT HOLDERS EARNINGS REQUIREMENT

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