ilr refusal for less salary (code of practice)immidiate help

garryinc · Post by **garryinc** » Sat Jul 09, 2011 5:22 pm

Hello, I am on an old wp shceme. came in 2006. position managemment graduate. salary Â£13000.00. i went to the peo to apply for ilr with all the relevent docs where they have held my case saying less salary than the current code of practice, and asked me to wait for few weeks and result will be sent to me which is very likely to be refused. I am being paid more that it says on the wp which is 13500 average of 5 years and have given the p60 to prove that. case worker did ask me to explain the post management graduate,i told her that is = management trainee. i also asked he that what is the code of practice for my job and how much should i have been paid, she said she does not have code of practice for this role and she does not know. after that i left from there and went to many solicitors for advice, where i was adviced that the code of practice are to be used only for guidance and solicitor can write a letter to the HO explainning the situation, and telling them that the refusal in this regard will be very unfair. he has also given refrence from the guidence he must have received from SOPT.
After doing all this i am still waiting for the result and havent heard from them as yet.
Can any body please tell me what should i expect and if i receive a negative then is appeal gonna take me through.
I will also request all the people sailing in the same boat to please join this board and also share contacts cos we may need people to form a forum to go for judicial action as it is very unfair cos when i came in 2006 there was no tier 2 at that time and they have just put this rule and left us with no option to go round it.

PLEASE ADVICE IF THERE IS ANY THING CAN BE DONE IN THIS CASE OR UPDATE ME WITH ANY NEW CASE LAW IN THIS REGARD.

THANKS

tariqul5000 · Post by **tariqul5000** » Sat Jul 09, 2011 5:47 pm

garryinc wrote:Hello, I am on an old wp shceme. came in 2006. position managemment graduate. salary Â£13000.00. i went to the peo to apply for ilr with all the relevent docs where they have held my case saying less salary than the current code of practice, and asked me to wait for few weeks and result will be sent to me which is very likely to be refused. I am being paid more that it says on the wp which is 13500 average of 5 years and have given the p60 to prove that. case worker did ask me to explain the post management graduate,i told her that is = management trainee. i also asked he that what is the code of practice for my job and how much should i have been paid, she said she does not have code of practice for this role and she does not know. after that i left from there and went to many solicitors for advice, where i was adviced that the code of practice are to be used only for guidance and solicitor can write a letter to the HO explainning the situation, and telling them that the refusal in this regard will be very unfair. he has also given refrence from the guidence he must have received from SOPT.
After doing all this i am still waiting for the result and havent heard from them as yet.
Can any body please tell me what should i expect and if i receive a negative then is appeal gonna take me through.
I will also request all the people sailing in the same boat to please join this board and also share contacts cos we may need people to form a forum to go for judicial action as it is very unfair cos when i came in 2006 there was no tier 2 at that time and they have just put this rule and left us with no option to go round it.

PLEASE ADVICE IF THERE IS ANY THING CAN BE DONE IN THIS CASE OR UPDATE ME WITH ANY NEW CASE LAW IN THIS REGARD.

THANKS

when did you apply for you ILR and what was your salary then ( when did you apply) here one guy apply on 14000 salary but he got his ILR http://www.immigrationboards.com/viewto ... 0383dbb0a2

read hbac s posts. and please update your situation

sudeshmeheta can help him giving some info...

garryinc · Post by **garryinc** » Sat Jul 09, 2011 5:54 pm

THANKS FOR REPLING, I HAVE APPLIED LAST WEEK ON 3RD JUNE AND THE SALARY WAS 13000 AS MENTIONED IN THE WP AND THE SAME POST. BUT I HAVE ABIDED BY THE RULES AND GOT THE SALARY AS STATED ON WP THROUGHOUT. ALSO THEY DID NOT HAVE ANY CODE OF PRACTICE FOR THAT ROLE OF MANAGEMENT GRADUATE.

DONT KNOW WHATS GONNA HAPPEN REALLY TENSED.

riojamel · Post by **riojamel** » Sat Jul 09, 2011 6:56 pm

i m in same situation as u but there is title of my job in codes of practice ,if i go according to codes of practice my salary should a lot,
my work permit 14500
i m getting 16500 salary ,which is more then my work permit i have the proof my p60 for that
but according to codes of practise it should be 21000
how can i meet that and my appointment in few weeks
please reply

garryinc · Post by **garryinc** » Sat Jul 09, 2011 7:05 pm

riojamel wrote:i m in same situation as u but there is title of my job in codes of practice ,if i go according to codes of practice my salary should a lot,
my work permit 14500
i m getting 16500 salary ,which is more then my work permit i have the proof my p60 for that
but according to codes of practise it should be 21000
how can i meet that and my appointment in few weeks
please reply

HI I THINK WE AS EMPLOYEES ARE NOT AT FAULT. WE CAN NOT ROB A BANK TO EARN MORE, THERE FORE THERE HAS TO BE SOME KINDA RELIEF FOR THE OLD WP HOLDERS. AS PER MY RESEARCH THERE IS SOME CASE BEING FIELD BY A GROUP OF SOLICITORS ASKING RELIEF. I ALSO THINK THAT THE NATURE AND SIZE OF BUSINESS SHOULD ALSO BE TAKEN INTO CONSIDRATION WHILE DECIDING THE SALARIES. A BIG ORGANISATION MAY AFFORD TO PAY MORE BUT A SMALL ONE CANT.

I AM STILL TRYING TO SEARCH THE ANSWER BUT I DONT KNOW WHAT TO DO FOR NOW, HOWEVER WE MAY NEED PEOPLE TO STAY TOGATHER AND KEEP EVERY ONE POSTED OF ANYUPDATES COS IN CASE OF REFUSALS WE MAY HAVE TO APPROACH THE HIGH COURT.

garryinc · Post by **garryinc** » Sat Jul 09, 2011 7:09 pm

also this new rule is crap. govt has asked the employers to pay us more which they will never do.
They must ask employees to take solicitors with them to the GM office saying pay me more as per the code of practice, but shame thats the way home office works.

garryinc · Post by **garryinc** » Sat Jul 09, 2011 7:12 pm

hi riojamel do u mind asking me what is the code of your post and the position you are on and the link where u have seen your code for ur job role

riojamel · Post by **riojamel** » Sat Jul 09, 2011 7:12 pm

as u case is pending in home office
can i ask when is ur current visa is expiring

riojamel · Post by **riojamel** » Sat Jul 09, 2011 7:20 pm

this is the link http://www.ukba.homeoffice.gov.uk/sitec ... duate-cop/
mine is 3568

garryinc · Post by **garryinc** » Sat Jul 09, 2011 8:14 pm

riojamel wrote:as u case is pending in home office
can i ask when is ur current visa is expiring

my visa has expired already.

riojamel · Post by **riojamel** » Sat Jul 09, 2011 8:18 pm

sorry to hear that
did u ask any solicitor to write a letter about that as u said u went to many solicitors and they said they can write a letter to home office

garryinc · Post by **garryinc** » Sat Jul 09, 2011 8:20 pm

riojamel wrote:sorry to hear that
did u ask any solicitor to write a letter about that as u said u went to many solicitors and they said they can write a letter to home office

yes i have already done that through a solicitor but if you still have time left in your visa then you will not get the right to appeal and you have to re apply spending loads of money again.

riojamel · Post by **riojamel** » Sat Jul 09, 2011 8:23 pm

what u suggest i should do

garryinc · Post by **garryinc** » Sat Jul 09, 2011 8:27 pm

riojamel wrote:what u suggest i should do

what post r u on what is it called.

riojamel · Post by **riojamel** » Sat Jul 09, 2011 8:30 pm

resturant manager

garryinc · Post by **garryinc** » Sat Jul 09, 2011 8:37 pm

riojamel wrote:resturant manager

sorry mate i have looked every where i cant seem to find your post in the codes you have sent and the appropriate salary.

riojamel · Post by **riojamel** » Sat Jul 09, 2011 9:12 pm

its there
so do u mean i would need to tell to solicitor to get a letter from him

garryinc · Post by **garryinc** » Sat Jul 09, 2011 9:16 pm

every solicitor has its own style mate so depends what ur solicitor says to you. but it is very much debatable rule with too many open loops. so try and fine a good solicitor to handle your case.

riojamel · Post by **riojamel** » Sun Jul 10, 2011 11:11 am

can y suggest me any good solicitor who can help me in this

tariqul5000 · Post by **tariqul5000** » Sun Jul 10, 2011 2:08 pm

riojamel wrote:resturant manager

resturant manager SOC 1223.Appropriate salary rates are based on a 37Â½ hour working week, unless
otherwise stated. Salaries should be pro-rated for other working patterns

if you work 37Â½ hour per week. then sallary should be Â£18000 per if you contract is for 40 hour per week then salary should be Â£19200

garryinc · Post by **garryinc** » Sun Jul 10, 2011 3:03 pm

[can any body please tell me what will happen if my post is not in the code of practice and if i take the one nearest to my post thats too high to be taken.

i am a:
management graduate ......@13000/annum
the guideline given is
restaurant manager .............@19000-20000

what will be the decesion of the ho , i have applied for ilr after 5 yrs on the above mentioned salary and they have held it for further considration.
however i was been paid more than wp i.e 13500 stated in p60. does my case be seen to met the critirea as no one knows how much a MG should be paid, the COP can only be used as guidence. eg

i am number 4 in the organisation

restaurant manager 20000
asst rest manager 17000
senior captain 15000
management graduate 13000 (13500 on p60)
waiting staff 12500

is that how HO is gonna see this case.

please advice.

littlerice · Post by **littlerice** » Sun Jul 10, 2011 3:36 pm

First of all, you are No.4 in the restaurant, so you are not "Restaurant Manager", currently if your job title is not in Code of Practice, you should find the closest match, which in your case should be "waiter" or at best "team leader".

Secondly, don't you have tips or service charge?

garryinc · Post by **garryinc** » Sun Jul 10, 2011 4:08 pm

littlerice wrote:First of all, you are No.4 in the restaurant, so you are not "Restaurant Manager", currently if your job title is not in Code of Practice, you should find the closest match, which in your case should be "waiter" or at best "team leader".

Secondly, don't you have tips or service charge?

we have service charge thats the reason i have get more than what it says on the wp.

also is there any cop for waiter or team leader. but i think i am above waiter and under team leader in the hierarchy so some logic has to be put in judging the salary and there has to ba a range depending upon the size and nature of the business. isnt it?

riojamel · Post by **riojamel** » Tue Jul 12, 2011 12:14 pm

hi garryinc
any response from ukba

riojamel · Post by **riojamel** » Sat Jul 16, 2011 6:14 am

finally got ILR .....................
was worried about COP
but its done
thanks

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ilr refusal for less salary (code of practice)immidiate help

DOES THIS POLICY NEEDS TO BE CHANGED FOR OLD WP HOLDERS APPLING FOR ILR.

ilr refusal for less salary (code of practice)immidiate help

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