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Codes of practice for sponsored workersrajkhan wrote:can anyone pls send me the link for code of practice salary link for various jobs for work permit holders
I think it means that the new rules will go through. There's a chance they will be stopped by parliament but MPs have to oppose the changes by 25th April 2011. So if you still have a valid WP, it's best for you to reschedule your ILR appointment and see what happens this month.rajivilr wrote:Could you please clarify this a bit, went off my head sorry I have PEO appointment at croydon on 18th of this month.
Raj
ALI74 wrote:Dear sushdmehta,
I looked again and again to the draft instructions
"Draft guidance (settlement) from 6 April 2011"
It does not mention the Closed employment Categories at all ,It only only mention the rules about Tire1,Tire2 etc But excluded Closed Categories , that means Home office is treating Closed Categories as a seperate category and work permit of 2006 are very similar to HSMP Judicial Review therefore there is a chance that Closed category may would have been excluded from the income creteria ...may be just we wish
Because there are no draft instructions available for Closed employment categories.
Although generally it appears that law will apply to work permit holder.
ALI74 wrote:Dear sushdmehta,
I looked again and again to the draft instructions
"Draft guidance (settlement) from 6 April 2011"
It does not mention the Closed employment Categories at all ,It only only mention the rules about Tire1,Tire2 etc But excluded Closed Categories , that means Home office is treating Closed Categories as a seperate category and work permit of 2006 are very similar to HSMP Judicial Review therefore there is a chance that Closed category may would have been excluded from the income creteria ...may be just we wish
Because there are no draft instructions available for Closed employment categories.
Although generally it appears that law will apply to work permit holder.
Ask your lawyer to read this:Akartikeyan wrote:According to the lawyer I contacted he advised that the current proposed changes is for only Point based system i.e Tier 1 and Tier 2. and not to workpermit holders.
Sources:Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted on application to a person provided:
(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);
(ii) he has met the requirements of paragraph 128(i) to (v) throughout his leave as a work permit holder, and has met the requirements of paragraph 135G(ii) throughout any leave as a highly skilled migrant;
(iii) he is still required for the employment in question, as certified by his employer;
(iv) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors published by the UK Border agency, and
(v) he has sufficient knowledge of the english language and sufficient knowledge about life in the United Kingdom, in accordance with paragraph 33Ba of these rules, unless he is under the age of 18 or aged 65 or over at the date of his application;
(vi) he does not have one or more unspent convictions within the meaning of the rehabilitation of offenders act 1974
Refusal of indefinite leave to remain for a work permit holder
135. Indefinite leave to remain in the United Kingdom for a work permit holder is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 134 is met.
Reading this post should help.York123 wrote:Are the new ILR rules going to be implemented from tomorrow?
I share the same concern. They need at least to update the application form?! Where do you state your job's COP?sushdmehta wrote:Reading this post should help.York123 wrote:Are the new ILR rules going to be implemented from tomorrow?
johnny007 wrote:i received my work permit in July 2006, then on a advertised salary of £24950. i am due to apply for my ILR in June 2011 (28 days before my expiry date)
i have started reading up on the ILR process, but i have not found the minimum income requirement for my job yet. i was employed and still currently is a security manager. i managed to track down my COP code as 1174, but as yet, have not been successful in finding the minimum salary necessary for my ILR application.
could someone help out or point me in the right direction please?
Markie wrote:Johnny007 here it is...word of caution...if the COP has not been updated then UKBA points to the previous version and must meet the min salary req't as shown in the COP.
johnny007 wrote:i received my work permit in July 2006, then on a advertised salary of £24950. i am due to apply for my ILR in June 2011 (28 days before my expiry date)
i have started reading up on the ILR process, but i have not found the minimum income requirement for my job yet. i was employed and still currently is a security manager. i managed to track down my COP code as 1174, but as yet, have not been successful in finding the minimum salary necessary for my ILR application.
could someone help out or point me in the right direction please?
Pierrot95 wrote:Ask your lawyer to read this:Akartikeyan wrote:According to the lawyer I contacted he advised that the current proposed changes is for only Point based system i.e Tier 1 and Tier 2. and not to workpermit holders.
Sources:Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted on application to a person provided:
(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);
(ii) he has met the requirements of paragraph 128(i) to (v) throughout his leave as a work permit holder, and has met the requirements of paragraph 135G(ii) throughout any leave as a highly skilled migrant;
(iii) he is still required for the employment in question, as certified by his employer;
(iv) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors published by the UK Border agency, and
(v) he has sufficient knowledge of the english language and sufficient knowledge about life in the United Kingdom, in accordance with paragraph 33Ba of these rules, unless he is under the age of 18 or aged 65 or over at the date of his application;
(vi) he does not have one or more unspent convictions within the meaning of the rehabilitation of offenders act 1974
Refusal of indefinite leave to remain for a work permit holder
135. Indefinite leave to remain in the United Kingdom for a work permit holder is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 134 is met.
Statement of changes in Immigration Rules HC 863 - March 2011
Indefinite leave to remain for a work permit holder