ILR OLD WORK PERMIT HOLDERS EARNINGS REQUIREMENT

rakesh2011 · Post by **rakesh2011** » Tue Apr 19, 2011 2:54 pm

sushdmehta wrote:The webpage where this document is listed was last updated on 07-Apr-11. The IDI document in question is valid from 08-Mar-11.

Move on.

Why are you so cranky Mr Mehta? Forums should be a place where people ask questions and those who want to help will answer. Agreed there would be some dumb questions but if you feel you are smarter just avoid answering rather than looking down on others. People asking questions are already worried. They dont need patronising from you. Sorry about this message but could not help seeing your irritation.

vinaya · Post by **vinaya** » Wed Apr 20, 2011 11:39 pm

this salary issue will cause a lot of issues, i am wp holder and thakfully this does not affect me since my salary will justify the requirements......but me not being daft, can we not raise some sought of a petition and appeal against this particluar changes, especially when the new rule contradicts the old one

any thoughts experts?

Post by **geriatrix** » Thu Apr 21, 2011 5:13 am

vinaya wrote:this salary issue will cause a lot of issues, i am wp holder and thakfully this does not affect me since my salary will justify the requirements......but me not being daft, can we not raise some sought of a petition and appeal against this particluar changes, especially when the new rule contradicts the old one

any thoughts experts?

Post in this topic.

vinaya · Post by **vinaya** » Thu Apr 21, 2011 10:00 am

thanks....but the post is in relation to criminality requriement chnages than to the income requirement?

Post by **geriatrix** » Thu Apr 21, 2011 10:04 am

vinaya wrote:thanks....but the post is in relation to criminality requriement chnages than to the income requirement?

The topic relates to petition / legal challenge against changes to ILR. Whether it is income threshold or salary threshold, both are "supposedly" unlawful - and the topic may be used for any / both. Alternatively, feel free to create a new topic if you wish (for income threshold).

genious · Post by **genious** » Thu Apr 21, 2011 12:13 pm

Congratulations!

Seniors members i need your help.
i am on work permit salary Â£22 k . My 5 years will be in few weeks time.
i have changed my employer in the start and there is about 2 months gap in employment as i was engaged in interview process. i have left my previous employer and then found my current employer. it took about 2 months to current employer to sort out the work permit and leave to remain, they hired London based solicitor. During those 2 months i was not working.

i am bit confused now, what shall i do. Have started wp on July 2006 and thinking to apply for ILR on June 2011.

Can any one help?

Thanks,

bani wrote:
Gopaalan wrote:We need to hear from a WP holder who applied after April 6th. I remember Rajivilr is eligible to apply on April 18th and will have a better idea if we hear from him
Raj received his ILR on Monday. I emailed back asking if the caseworker brought up the COD issue, but still waiting for a reply.

So this is good news.

vinaya · Post by **vinaya** » Thu Apr 21, 2011 6:59 pm

best wishes to Raj, he seemed a lot worried.....

SNG · Post by **SNG** » Fri Apr 22, 2011 11:45 pm

thanks tanvirni

tanvirni wrote:Congratulations SNG.

SNG wrote:
Gopaalan wrote:Hello SNG

When are you applying for ILR and the category you are applying under?
Do you have a proforma for the Employment Letter with this Salary thing in it?

I applied and got ILR yesterday. the format is as below

UKBA

Sub: ILR Application (or any thing likeâ€¦[your name])
WP Ref No:
Job Title :

With reference to the recent changes in the requirements for ILR, the above named employee (or name) has requested us to verify that his job role matches with the codes of practice for sponsored workers list.

After carefully going through occupation codes of practice document, I can confirm that he is paid at/above appropriate rate for the job.

Ref : Occupation practice for Tier 2 (Section : ?)
Code : ???? (Pay rate/salary : ???)

Gopaalan · Post by **Gopaalan** » Tue Apr 26, 2011 2:26 pm

@ Rajivilr

we are awiting your ILR success details to get an idea about the Salary requirement for WP holder. Please share. Ta

gerard820 · Post by **gerard820** » Wed Apr 27, 2011 4:35 pm

Hi,

Yesterday was very gloomy for some of my friends who applied for ILR (premium service) in shefield. They got all refuse due to the fact that their salary didnt reach the Â£7.02/hr for senior carer. They are all on 5 yr WP holder, same company for 5 years, no gaps on their visa, but just that..they are denied. I hope they can ammend again this rules regarding salary on old WP holder.

Pierrot95 · Post by **Pierrot95** » Wed Apr 27, 2011 6:59 pm

gerard820 wrote:Hi,

Yesterday was very gloomy for some of my friends who applied for ILR (premium service) in shefield. They got all refuse due to the fact that their salary didnt reach the Â£7.02/hr for senior carer. They are all on 5 yr WP holder, same company for 5 years, no gaps on their visa, but just that..they are denied. I hope they can ammend again this rules regarding salary on old WP holder.

This is very sad. Did he provide a letter from the employer stating that he is paid above the appropriate rate for the job? Hope you could share more details on this.
If he didn't provide such a letter, it is obvious that the application would be refused.
If he provided a letter, what is wrong then? Is the HO questioning what the employer said? We suggested on this forum that the employer should find a code which shows a higher salary, even if the job title doesn't match.

Cosmos · Post by **Cosmos** » Thu Apr 28, 2011 9:55 am

gerard820 wrote:Hi,

Yesterday was very gloomy for some of my friends who applied for ILR (premium service) in shefield. They got all refuse due to the fact that their salary didnt reach the Â£7.02/hr for senior carer. They are all on 5 yr WP holder, same company for 5 years, no gaps on their visa, but just that..they are denied. I hope they can ammend again this rules regarding salary on old WP holder.

Hi there,

Could you tell us how much do they get paid please? Was it a big gap to reach the Â£7.02/hr?
Thanks in advance

gerard820 · Post by **gerard820** » Mon May 02, 2011 4:51 pm

hi,
they got refuse because they earn below Â£7.02 which is supposedly is the minimum wage for senior carer when you apply for extension under tier 2 transitional arrangement under tra.nsitional D. But this people never extended their visa since they are working same employer for 5 years and they thought they will not be affected by the new rules that take effect last april 6 because they are on old workpermit and has no gap on their visa. They got their employers papers showing their current wage, but just dont reach that minimum wage when HO published that COP for senior carers.

Pierrot95 · Post by **Pierrot95** » Tue May 03, 2011 4:01 pm

Got my ILR today.

niravm · Post by **niravm** » Tue May 03, 2011 4:07 pm

Is it at PEO ? or by post and under tire 1 or old wp? how was your overall exp? which docs u sent?

smaganti · Post by **smaganti** » Tue May 03, 2011 4:15 pm

Pierott,

Congratulations...

could you please post your experience and the documents you've been asked for...

Pierrot95 · Post by **Pierrot95** » Tue May 03, 2011 4:25 pm

Will reply to all queries when I get home very late tonight.

SunnyG · Post by **SunnyG** » Tue May 03, 2011 10:39 pm

Congratulations, Pierrot!
Can you please share your experience, especially the SOC and salary requirements part.

Many thank!

Post by **geriatrix** » Wed May 04, 2011 9:56 am

Pierrot95, your post (ILR application experience) has been moved here.

genious · Post by **genious** » Sat May 07, 2011 10:16 am

i was searching for if there any chance of salary requirement criteria to challenge/overturn

found this one

"However, we have been informed that the UK Border Agency Policy Team are currently holding meetings to review this decision and we are confident that they will overturn their decision in due course. "

source: http://firstmigration.com/visas/uk/inde ... remain-ilr
go to "Changes affecting Tier 2/Work Permit visa holders" section.

hope for the best

gerard820 · Post by **gerard820** » Thu Aug 04, 2011 2:37 pm

HI Moderators,

My friend that applied ILR last May 12, 2011 got their result already (Premium services). She is a workpermit holder, same company for 5 years but her salary didnt reach the COP listed at UKBA. When they applied thru premium services it was hold and just got a result yesterday. It was refused but with the right to appeal. What its her chances in getting that ILR? Her company could not gave that salary because it went bankcrupt last month and the nursing home she is working will be returned to the landlord, so the nursing home is on transitional phase right now. I have asked this because we are in the same situation thats why we are going to send our application thru post.
thanks. any opinion will help a lot.

harpreetkalsi · Post by **harpreetkalsi** » Thu Aug 11, 2011 10:40 am

Hi All

not sure if any of you guys have seen this link below. Its concessions given by home office for the closed categories updated on 28th june 2011.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

may be it can save few who are struggling between COP and ILR.

Hope this helps.

Good luck

Harpreet

genious · Post by **genious** » Thu Aug 11, 2011 2:49 pm

there is a way for those who don't have any COS code for their type of work

This section tells you how to action an application for indefinite leave to remain received from a work permit holder, where there is no code of practice for their type of employment or appropriate salary rate.
In this section
Grant or refuse work permit holders â€“ no code of practice or appropriate salary rate
Check application meets requirements
Before you consider the application for indefinite leave to remain you must check the application meets the requirements.
Related links
Closed employment categories: indefinite leave to remain
The requirements for someone applying for indefinite leave to remain under this category are in paragraph 134 and 135 of the Immigration Rules.
Requirements for dependants
Requirements for indefinite leave to remain
Closed self-employed categories: indefinite leave to remain
You may grant indefinite leave to remain under the concession if the applicant:
Work permit holders (sports person) â€“ no appropriate rate
â€¢ has spent a continuous period of five years here either as:
o a work permit holder throughout that period, or
o as a work permit holder most recently combined with previous permission as a work permit holder, highly skilled migrant, self-employed lawyer, or as a writer, composer or artist
â€¢ does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974
o has met the requirements of paragraph 128 (i) â€“ (v) throughout the five year period:
o holds a valid Home Office work permit
o is capable of doing the employment specified in the work permit (for example, they have the appropriate qualifications)
o does not intend to take employment except as specified in his work permit, and
o is able to maintain and accommodate himself and any dependants adequately without recourse to public funds
â€¢ has sufficient knowledge of the English language and about life in the UK, unless they are exempt.

garryinc · Post by **garryinc** » Sun Aug 14, 2011 1:59 am

so does it mean that if i was on a workpermit for which they dont have any COP and there has never been one they will just see if i am being paid either more that whats stated on workpermit (which i am) or more than the national min wage at the time of granting ILR (obviously meeting other requirements as well). can some one please correct me on this if i am wrong in understanding the new guidence.

garryinc · Post by **garryinc** » Mon Aug 22, 2011 11:47 pm

can anu one please help me with the querry i have in the above post.

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR OLD WORK PERMIT HOLDERS EARNINGS REQUIREMENT

Pierrot95 tell more about your case

ILR Category for closed category