ILR from WP: salary requirement

manishchaudhry · Post by **manishchaudhry** » Fri Aug 12, 2011 3:19 pm

Hello All,

I would complete 5 years in UK on a WP. I was reading SET(O) form and requirement and came across salary requirment.

"being paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.."

I looked for the salary requirements in "Occupation codes of practice for Tier 2 - NVQ level 3 jobs"

According to code of practice minimum rate for Software Engineer is Â£30,200.

My current salary is Â£27,500 and it is Â£21000 on WP.

Could some please tell me if I do or do not qualify for ILR?

Thanks

genious · Post by **genious** » Fri Aug 12, 2011 3:46 pm

you have to be paid at or above to meet the criteria.

manishchaudhry · Post by **manishchaudhry** » Fri Aug 12, 2011 3:52 pm

That means I need start packing my bags then

manishchaudhry · Post by **manishchaudhry** » Fri Aug 12, 2011 4:18 pm

I am reading confusing reports on internet. Some people say that you have be earning same or more than when WP was issued.

Which one is it? Salary on work permit or the one specified in "Codes of practice"?

polar · Post by **polar** » Fri Aug 12, 2011 4:32 pm

I would say Code of Practice as many documents have mentioned that.

How about other job title? Can you find another similar job title with lower salary?

manishchaudhry · Post by **manishchaudhry** » Fri Aug 12, 2011 4:52 pm

polar wrote:How about other job title? Can you find another similar job title with lower salary?

I probably could, but how would that work? Do I ask my employer to write different job title ? What about the Job Title on the WP?

littlerice · Post by **littlerice** » Fri Aug 12, 2011 5:23 pm

There are probably 2 ways of dealing with this:
1, ask your employer for a pay rise. you didn't mention this, so i guess it's not possible?
2, you have to find another job title, I'm not in this field, so I can't tell you what you should use, but just use your imagination, what do you actually do, and look at the details given in each job title in the list and obviously the salary. As for your HR, they shouldn't have a problem writing whatever you ask them to, after all, in your case, putting 'software engineer' on it basically means they are firing you.

manishchaudhry · Post by **manishchaudhry** » Fri Aug 12, 2011 7:31 pm

I could ask for pay rise but I got one in January and would be awkward to ask for pay rise of Â£2600 so soon.

On the matter of pay rise, do they count bonuses as part of salary?

I could ask them to write Programmer as my job title, they would happily do that.

What about WP letter? Do I have to show submit the copy of original WP with my application?

polar · Post by **polar** » Fri Aug 12, 2011 10:11 pm

manishchaudhry wrote:What about WP letter? Do I have to show submit the copy of original WP with my application?

In your work permit, did it state Software Engineer?

If not, I will try to find another job title. Even it is Software Engineer, do you suit the job profile? Is there any other similar job title with similar job profile?

manishchaudhry · Post by **manishchaudhry** » Fri Aug 12, 2011 10:52 pm

Yes, it does say software engineer on the WP. But I guess software programer also describes my job profile. Salary requirement for this title is Â£26000, which would make me eligible.

But do I have to attach original wp with my application?

littlerice · Post by **littlerice** » Sat Aug 13, 2011 1:46 pm

Yes, you have to submit a copy of your WP document, that's the very reason why you are eligible for ILR in the first place. but I wouldn't worry too much about using "programmer" title, after all, "software engineer" covers such a big field, and no one should be expected to have a 50% pay rise in 5 years (from 21k to 30.2k), not in this economic climate.

But I do advice you to get a lawyer or immigration advisor, for this job title problem.

manishchaudhry · Post by **manishchaudhry** » Sat Aug 13, 2011 4:13 pm

Thanks every one for your advice and comments, much appreciated.

Cheers

guyintheuk · Post by **guyintheuk** » Sun Aug 14, 2011 12:51 am

I believe you should explain to your employer the situation and tell that you won't be able to continue working with them or to stay in the country if your salary will not be at the level stated in code of practice ...
if you think to get a letter from employer with another job title then you should be aware that your employer in same time should change your job title with the home office as a technical change maybe ...
if you get three salary slips (3 months) with salary at or above code of practice then it should fine (even 1 or 2 slips would be enough as well) .... push for this choice ...
good luck

manishchaudhry · Post by **manishchaudhry** » Sun Aug 14, 2011 12:06 pm

I would personally like the option of pay rise, but as I mentioned before I got a pay rise in January and they can say to me we cant give you two pay rises in such a short time period.

Could some one tell me about pay related bonuses, on my salary review letter I get basic salary, then approximate bonus and then total expected salary for the year. In this case my salary is almost Â£29000, which is not far of from COP's Â£30100 and I would be more comfortable selling this to my boss.

So, what salary HO would be looking at? If its the one with bonus then I suppose one of the salary slip should also reflect the bonus.

manishchaudhry · Post by **manishchaudhry** » Sun Aug 14, 2011 12:13 pm

In case my employer don't go for pay rise, could they write in the letter to HO that even thou my job title is "Software Engineer", it does not match the job description of COP's "Software Engineer". Where as COP's "Programmer" job description matches my job description more closely. Hence, his salary is more than the minimum rate.

littlerice · Post by **littlerice** » Sun Aug 14, 2011 5:08 pm

manishchaudhry wrote:In case my employer don't go for pay rise, could they write in the letter to HO that even thou my job title is "Software Engineer", it does not match the job description of COP's "Software Engineer". Where as COP's "Programmer" job description matches my job description more closely. Hence, his salary is more than the minimum rate.

Yes, you are right, the problem here is your WP job title has a match in COP where most of us here doesn't have a match at all, so I would say find a lawyer just to be on the safe side,

guyintheuk · Post by **guyintheuk** » Sun Aug 14, 2011 6:26 pm

have you tried to explain all to your employer ? also could you please tell when your work permit finishes ! ... and when you are going to submit for ILR ...
if your employer doesnt want to change your salary which is absolutly unfair then yes I would recommend you to go to a good solicitor and see what he will tell you ...

manishchaudhry · Post by **manishchaudhry** » Sun Aug 14, 2011 6:49 pm

guyintheuk wrote:have you tried to explain all to your employer ? also could you please tell when your work permit finishes ! ... and when you are going to submit for ILR ...
if your employer doesnt want to change your salary which is absolutly unfair then yes I would recommend you to go to a good solicitor and see what he will tell you ...

My work permit expires on 5th December and I am planning to apply for ILR in second week of November. I am planning to talk to my boss this week when he returns from holiday.

Could anyone please tell me about bonus? Is that counted as part of salary?

oye_rg · Post by **oye_rg** » Sun Aug 14, 2011 7:10 pm

Could you provide following info (ask HR):

1. What is your WP / Certificate of sponsorship (Tier 2 General OR Tier 2 Short term ICT OR Tier 2 Long Term ICT). I assume it will be Tier 2 Short term ICT but better confirm
2. When was it first granted? When was the latest extension? (Basically if you can provide details of your WP history)
3. Is the current WP or WP extension based on the new rules applicable siince 06 April 2011? I assume it isnt but again...better to confirm

When your current WP expires later this year either its extension or ILR would have to be based on new rules so if you provide the info below it will be easier to filter your options

manishchaudhry · Post by **manishchaudhry** » Sun Aug 14, 2011 7:22 pm

I will get that info from my company, but here is the info I have.
I got a copy of WP from my employer which stated work permit (I will get the details and update the info), my job title "software engineer" and my salary 21000Â£ PA. Validity of the WP was 5 years which would expire on 5th December. So issue date was December 2006.

I will get more info tomorrow and update the forum.

Edit:
Before I got my Work permit I was working with the same employer on SEGS (Science and Engineering Graduate Scheme) visa in a different department with different job title.

uk_mkh · Post by **uk_mkh** » Mon Aug 15, 2011 11:02 am

I am in a similar situation (WP holder) and I sent an email to UKBA last week asking about what could be included in Gross Salary component and how COP/SOC codes should be used if SOC/COP job title matches but duties/responsibilities are different.

In my case, without my guaranteed bonus (1/12th of Annual Salary) and car allowance I would not meet income requirements, but with the bonus and car allowance included, I more than meet the requirements.

Here is their reponse:

----------------------
Please be advised that should include all of the allowances, payments and employment benefits that you receive and are included as part of your contract of employment in regard to your gross earnings.

You should use the code that is the closest representation of the employment and work that you do.

You can also include a letter from your employer clarifying the exact nature of the work that you do and your duties and responsibilities.

A decision will be made by the caseworker who considers your application, based on the requirements of the Immigration Rules and the documentary evidence which you submit in support of your application. We are unable to comment about the outcome of any application in advance.
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manishchaudhry · Post by **manishchaudhry** » Tue Aug 16, 2011 10:20 am

Hey uk_mkh,

Any idea how would you show bonus on the salary slip? In my case bonus is paid in December and I have to apply for ILR in Nov, so it wont be reflected in my last 3 payslips.

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ILR from WP: salary requirement

ILR from WP: salary requirement

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