ILR OLD WORK PERMIT HOLDERS EARNINGS REQUIREMENT

[rajkhan]

Hi,
can anyone pls send me the link for code of practice salary link for various jobs for work permit holders,,
Is it just going to affect those who earn below 20k,,
I hope the new rules wont effect the old work permit holders,,it would be totally unfair on those who worked hard and sincerely for whole 5 years..
thanks,
Raj.

[geriatrix]

can anyone pls send me the link for code of practice salary link for various jobs for work permit holders

Codes of practice for sponsored workers

[littlerice]

@York123

For your criminal record problem, I think since discretion was given for citizenship application, there is no reason why it shouldn't be given for ILR. Yes, it's not announce yet, but I think there must be a lot of people and interest group pushing for it.

For your concern that the updated COP would have higher salary than old one. I don't think that's gonna happen. If you look at the newly announced Graduate level COP, none of the salary was changed in there. And the salary level was determined by national survey, HO couldn't just change it as they wish, after all, if you do a survey now, a lot of the trades' salary level is only gonna get lower because of the recession.

I would definitely recommend you to get a lawyer involved for your situation.

[York123]

@Littlerice:

Thank you for your advice. Once the rules are out I will definitly consult a lawyer as a last trail.

Will update you people after consulting the lawyer.

But I still wonder why they have not yet announced the rules when they are going to implement them from 6th April.

[rajivilr]

Hi York

Are you sure you are under unspent conviction? FPN's are not under it.

Raj

[York123]

Yes it is not FPN, i went to court & paid the fine. It is unspent conviction.There is no doubt in it.

[rajivilr]

I dont know what to do myself, rules are supposed to change on 6th April and I have appointment at croydon PEO on 18th and i have no idea what I have to take coz if they are seeing salaries as per COP then I am not eligible. Waiting for these new rules to be finalised and out.

Raj

[geriatrix]

Papers laid in the parliament that are subject to "negative resolution procedure" do not require "parliamentary approval" to enforce them. Instead, such papers require "parliamentary approval" to annul them (i.e.- not enforce them) ... with such an approval required within 40 days of the paper being tabled.

Consider the changes to become effective from 06-Apr-11.

If parliament approves that the changes be annulled, you'll know as and when that happens (within 40 days from 16-Mar-11). Although IMHO, given that they haven't done it (passed a resolution to annul the changes) in the last 19 days .. it is unlikely that it will happen in the next 21!

[rajivilr]

Could you please clarify this a bit, went off my head sorry I have PEO appointment at croydon on 18th of this month.
Raj

[bani]

Could you please clarify this a bit, went off my head sorry I have PEO appointment at croydon on 18th of this month.
Raj

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.

[johnny007]

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?

[Akartikeyan]

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.

Hi,
I am on a Workpermit ( Intra Company Transfer) and have been in UK since 2006. I am applying for my ILR on 18th Apr.

As all of you I was also concerned with the changes being made from 6th Apr. Especially the "Income Requirement" part. As most of you here I don't meet the salary mentioned for my role in the "Codes of Practise".

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.

So according to the announement on UKBA website the changes for Income requirement is quoted as below

"Migrants who have been in Tier 2 (General) or Tier 2 (Intra company transfer), or who have held work permits, will need to be paid the appropriate rate as stated in our codes of practice."

The important words there are ‘have held’. If you ‘do hold’ a work permit currently then the rules changes doesn't impact you. These changes are for Points Based System migrants. If you had a Work permit and have changed to Point based systems then the changes will impact you. But if you are currently on Workpermit then these changes shouldn't impact you.

Hope this clarifies and puts to rest the all the anxiety we are going through. Anyways I will keep you guys posted on how my ILR goes on18th april. Wish me lucky. Cheers .

[Akartikeyan]

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.

Hi,
I am on a Workpermit ( Intra Company Transfer) and have been in UK since 2006. I am applying for my ILR on 18th Apr.

As all of you I was also concerned with the changes being made from 6th Apr. Especially the "Income Requirement" part. As most of you here I don't meet the salary mentioned for my role in the "Codes of Practise".

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.

So according to the announement on UKBA website the changes for Income requirement is quoted as below

"Migrants who have been in Tier 2 (General) or Tier 2 (Intra company transfer), or who have held work permits, will need to be paid the appropriate rate as stated in our codes of practice."

The important words there are ‘have held’. If you ‘do hold’ a work permit currently then the rules changes doesn't impact you. These changes are for Points Based System migrants. If you had a Work permit and have changed to Point based systems then the changes will impact you. But if you are currently on Workpermit then these changes shouldn't impact you.

Hope this clarifies and puts to rest the all the anxiety we are going through. Anyways I will keep you guys posted on how my ILR goes on18th april. Wish me lucky. Cheers .

[Pierrot95]

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.

Ask your lawyer to read this:

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.

Sources:
Statement of changes in Immigration Rules HC 863 - March 2011
Indefinite leave to remain for a work permit holder

[genorp]

And just to follow on Pierrot95's citation, though the choice of the way they used the present perfect tense of "have had" in the guidance is slightly odd, it's the same grammatical tense they used for Tier 1 and Tier 2 ("have been") and thus still the same condition. So if it's true for Tier 2 it's true for WP.

[York123]

Are the new ILR rules going to be implemented from tomorrow?

There is no guidance form released so far?

How can someone who is applying tomorrow can be prepared?

[geriatrix]

Are the new ILR rules going to be implemented from tomorrow?

Reading this post should help.

[Gopaalan]

There's no clarification for what happens with the people whose job title is not in COP. The memebrs in this forum were suggesting choose the nearest match etc.

Can they say at the time of ILR your job title is not the in the COP hence you are not needed in the country (eventhough the company needs you). I know I'm being pessimistic but I need to ask this question.[/url]

[Pierrot95]

Are the new ILR rules going to be implemented from tomorrow?

Reading this post should help.

I share the same concern. They need at least to update the application form?! Where do you state your job's COP?

[York123]

@Sushdmehta:

I couldn't find anything in that paper & also couldn't understand what u ppl r saying.

Are you saying the rules will be implemented from tomorrow but the final decision will be taken on April 21st?

Sorry for the trouble.

[geriatrix]

Let me try again:

There is no parliamentary approval needed to bring the stated changes into effect from 06-Apr-11. Therefore, consider that these rules will come into force on the said date.

For such changes as this, a questions like "when will parliament approve the changes" make no sense because there is no need for parliamentary approval to enforce / implement the change(s). Instead, parliamentary approval is needed when members table a motion that "stated changes should not be made / enforced / implemented".

Bottomline - Don't question when "parliamentary approval" will happen, because there is no need for one to implement these changes. Likewise, dn't question "if these rules will be implemented from tomorrow", because they will be ... unless a motion is passed in the parliament to annul them (and no such motion has been tabled in the parliament as on date).

[York123]

@Sushdmehta:

Thank you soo much for the explanation.

Now I got your point. Thanks once again.

[Markie]

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.

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?

[johnny007]

Thanks Markie for the link.

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.

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?

[Akartikeyan]

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.

Ask your lawyer to read this:

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.

Sources:
Statement of changes in Immigration Rules HC 863 - March 2011
Indefinite leave to remain for a work permit holder

Guys went back and talked to two different sources..

- Another Lawyer...he confirms unless ur on the point based system the changes doesnt effect you. Old work permit is not impacted by these changes.

- Called up UKBA helpline - the moment I said WP ...ILR she jumped and said the new system is for Tier1 and 2 and other point baised systems. not for Workpermit holders. Only the Criminality clause is applicable not the "income requirement". From the way she jumped at the answers before I completed my question... I am guessing they are getting a lot of calls regarding this.

I am pretty much getting a positive feeling. Also I feel UKBA is not that dumb as to make such changes because it won't survive any arguments in the court and they don't want the shame of having to roll back again as they did for HSMP JR.

I would suggest some of us call up again to the UKBA helpline and see if they are getting the consistent reply and post it on the forum. I am definitely going to give a couple of calls again to see what kind of answers I get.

Cheers
Amit