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ILR OLD WORK PERMIT HOLDERS EARNINGS REQUIREMENT

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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uk_mkh
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Post by uk_mkh » Tue Aug 23, 2011 1:35 pm

garryinc wrote: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.
Your HR department will need to find the closest COP that matches your job description if your role is different to what they have listed for a job title in the SOC codes.. I'm not an expert, but that is what I've been told by UKBA since my Job Title relates to a diffrent field but my role is completely different.

garryinc
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Post by garryinc » Wed Aug 24, 2011 2:43 am

Thanks for ur help but the new guidence says some thing completly different. Please read page 90-93 which clearly says that if no code of practice then salary on WP will fulfill the criteria.

Things seem to be very contradictory, if no code of practice then why do i hhave to find a closest match of the job role, why not go as per new guidence which seems to solve the purpose, VERY CONFUSED. ANY SENIOR MEMBER KINDLY HELP AND THROW SOME LIGHT.

harpreetkalsi
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Confusion

Post by harpreetkalsi » Wed Aug 24, 2011 11:06 am

I can understand- those pages can be very confusing. Immigration is very tricky! someone who deals with it on a regular basis can give proper guidance.

Please do find out more for yourself however in my case - my lawyer has confirmed that i dont have to worry about the code of practice and salary requirements under the closed catergory when applying for ILR. Work permits for my job category are closed now however at the time when my company applied for a work permit this rule wanst there hence i`ll get a concession under closed category rule when applying for ILR. I can apply as i would do normally without COP rule being in place.

Not sure how different is your case to mine but this is my immigration story. :-)

My ILR is due in 2nd week of April 2012 - still far ahead (it seems) . Gald these concessions came through otherwise i must have been looking for alternatives by now.

Hope this helps.

H

pepper123
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Post by pepper123 » Thu Aug 25, 2011 11:59 am

Can anyone tell me where to find my SOC code and earning requirements? Is there a link somewhere?

manishchaudhry
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Location: United Kingdom

Post by manishchaudhry » Thu Aug 25, 2011 1:20 pm

pepper123 wrote:Can anyone tell me where to find my SOC code and earning requirements? Is there a link somewhere?
Try thislink

gerard820
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Posts: 31
Joined: Thu Mar 04, 2010 7:39 pm

Post by gerard820 » Sun Aug 28, 2011 10:12 am

hi all,

We already applied ILR application thru post last 22/8/11 with solicitor help. Our application is not straight forward because my wife salary (senior carer-5yr wp) didn't have a appropriate rate and has a problem before regarding entry clearance and date arrive in UK which given us gap on her visa. The good news is that one of her friends applied in shefield (premium service) last 12/8/11 (thru solicitor in manchester) got her ilr visa as well after 1 week waiting. Her salary is same with my wife and has a problem also with entry clearance and date of entry. and yesterday one of her friend (senior carer-5 yr wp-no appropriate rate) applied thru postal application (same solicitors as ours) got their ILR.They applied 2nd week of June 2011. Is this the new guidelines that implemented last August 11, 2011 regarding close categories ?
Last edited by gerard820 on Thu Dec 22, 2011 10:47 pm, edited 1 time in total.

genious
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Post by genious » Sun Aug 28, 2011 3:04 pm

gerard820 wrote:hi all,

We already applied ILR application thru post last 24/8/11 with solicitor help. Our application is not straight forward because my wife salary (senior carer-5yr wp) didn't have a appropriate rate and has a problem before regarding entry clearance and date arrive in UK which given us gap on her visa. The good news is that one of her friends applied in shefield (premium service) last 12/8/11 (thru solicitor in manchester) got her ilr visa as well after 1 week waiting. Her salary is same with my wife and has a problem also with entry clearance and date of entry. and yesterday one of her friend (senior carer-5 yr wp-no appropriate rate) applied thru postal application (same solicitors as ours) got their ILR.They applied 2nd week of June 2011. Is this the new guidelines that implemented last August 11, 2011 regarding close categories ?

hi,

gerard820 can you pm me your soliciters contact number. i have complated 5 yrs.

thanks

jedinsami
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me too

Post by jedinsami » Tue Sep 20, 2011 7:00 pm

have anybody got any info of a solicitor that can help in this matter?

gerard820
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Post by gerard820 » Thu Sep 22, 2011 7:30 pm

hi all,

just an update. my friend who got refused on their ILR application (premium services) but with right to appeal, because her salary as a senior carer didnt reach the £7.02 rate as listed at COP, was granted ILR. The judge grant them their ILR and dismissed the refusal case and mentioned to them the article 8 which is the no. 3 reason in granting them ILR. and as for me, we are on the 4th week waiting game for our application. good luck to every one with their ILR application with salary problems like us. i'll keep an update to some of my friends who until now waiting for their decisions.

tanvirni
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Post by tanvirni » Fri Sep 23, 2011 8:20 am

This is brilliant news and congratulations to your friend.

So, will UKBA have to make changes for all future ILR applications for old style work permit holders about this salary issue. Please seniors update us.

gerard820 wrote:hi all,

just an update. my friend who got refused on their ILR application (premium services) but with right to appeal, because her salary as a senior carer didnt reach the £7.02 rate as listed at COP, was granted ILR. The judge grant them their ILR and dismissed the refusal case and mentioned to them the article 8 which is the no. 3 reason in granting them ILR. and as for me, we are on the 4th week waiting game for our application. good luck to every one with their ILR application with salary problems like us. i'll keep an update to some of my friends who until now waiting for their decisions.

genious
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Post by genious » Fri Sep 23, 2011 4:40 pm

is not it discrimination, only senior care workers are exempt from cop criteria. why not all WP holders.

geriatrix
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Post by geriatrix » Fri Sep 23, 2011 5:49 pm

It is not possible to comment on the case without knowing the full details of the judgement (ground(s) of appeal, reasons from the judge as to why the refusal was overturned).

It is quite possible that the appeal was allowed on grounds of Article 8 based on the circumstances of the appellant, and dismissed on other grounds (COP, salary, etc.). Without details it is anyone's guess and one can assume what he wishes.
Life isn't fair, but you can be!

gerard820
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Post by gerard820 » Sun Sep 25, 2011 12:29 am

hi all,
regarding my friends case that their ilr got approved by judge, they told me that their solicitor argued that its not their fault that they didn't reach that wage requirement because when they came here 5 years ago, its not stated on their contract and work permit and when they came here they are only at minimum wage at that time which UK government also allowed them to work here, and the 2nd argument is that, their company could not afford to give them that pay rise because its already on financial trouble and already bankcrapt as of the moment, and when the UKBA solicitor ask the principal applicant a question that what are they going to do if they are going to refused them again, she told him that they are not going to stop, will appeal again, until they are given the settlement visa. and also they have a 3 year old son (was not born in uk and they just sponsored him last nov 2010) that is already settled here. having said that to the judge, the judge told them that right there and then he can make decision about their ilr, and after 1 week, judge grant them positive decision.

geriatrix
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Post by geriatrix » Sun Sep 25, 2011 12:45 am

A Judge cannot grant ILR. He/She can only allow or dismiss an appeal.

Has your friend been issued ILR vignette in his passport - by UKBA? If not, do you know if UKBA has sought permission to appeal the decision in Upper Tribunal or if UKBA has requested your friend to submit his passport (and that of any dependants)?
Life isn't fair, but you can be!

gerard820
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Post by gerard820 » Sun Sep 25, 2011 8:24 pm

hi,
their decesion letter stated that they are allowed to stay here in uk, their case is dismissed and they mention also the article 8 in their letter. Their passport with ilr stamp will be returned to them by ukba after 12 weeks thats what their solicitor told them because after they got letter from the court.they could not understand first the decesion letter. So They came to see the judge personally and the judge told them they should be happy thay their case is being dismissed. They cried a lot infront of the judge to be honest because since they applied for ilr. Its one hell of experience for them. their solicitor advice them that their passport will be forwarded to durham to get stamp.

geriatrix
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Post by geriatrix » Sun Sep 25, 2011 11:27 pm

In effect, as on date
1. the exact reason(s) on the basis of which the appeal has been allowed remain unknown.
2. whether UKBA will seek permission for further appeal in Upper Tribunal is yet unknown.
3. It is quite possible that the appeal has been allowed only on Article 8 basis ... and dismissed on other grounds.

The mystery will remain until the exact contents of the letter (without personal details) can be shared.
Life isn't fair, but you can be!

gerard820
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Post by gerard820 » Mon Sep 26, 2011 5:39 pm

hi all.
i'll try to get that decesion letter from my friend and share it here with out revealing their names.

tanvirni
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Post by tanvirni » Tue Oct 11, 2011 11:13 am

gerard820 wrote:hi all.
i'll try to get that decesion letter from my friend and share it here with out revealing their names.
Hi gerard820,

Any updates yet about the latter.

many thanks

gerard820
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Post by gerard820 » Tue Oct 11, 2011 4:27 pm

@ tanvirni,
sorry not yet. my friend just told me that ukba did ask for further appeal at the upper tribunal to reconsider their refusal against the judge decision on the dismissal. their solicitor advice them that if the upper tribunal is happy regarding the judge dismissal on their case, upper tribunal might dismissed that further appeal then ukba have no choice but to stamp their passport for ilr. as of the moment, all i know that some of my wife friends who did apply recently (premium services) got their ilr already even thought they did not reach the salary of 7.02/hr for senior carers. some of them with 6.30/hr wage only. I am not sure if its got to do with the "outside immigration rules" that was published last July 28 2011?as of now we are still waiting for our result as well for we apply thru postal application. thanks.

gerard820
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Post by gerard820 » Thu Dec 22, 2011 7:18 am

hi all,

just an update. my friend who applied last Aug 19,2011 got their ILR yesterday Dec 21. without a rate of £7.02/hr as a senior care worker on WP holder. here is their timeline.

5 year work permit holder, same company for 5 years
senior carer
rate at the time of application £6.20/hr @ 40 hrs contract.
entry clearance date : 7/9/2006
date of entry in UK: 23/10/2006
expiry date; 7/9/2011
with 3 dependents

19/8/2011-applied through postal application through solicitor
24/8/2011-received confirmation letter from HO
26/8/2011-money taken from their bank
19/12/2011-received a call from their solicitor
21/12/2011-pick up their passport from their solicitor
7/12/2011-ILR visa stamp date on their passport from Liverpool.


http://www.immigrationmatters.co.uk/sen ... in-uk.html


and regarding our application, its still outstanding as of today.

and here is our timeline:

5 year work permit holder, same company for 5 years
senior carer
rate at the time of application £6.20/hr @ 40 hrs contract.
entry clearance date : 14/9/2006
date of entry in UK: 23/10/2006
expiry date; 14/9/2011

22/8/2011-applied through postal application through same solicitor
25/8/2011-received confirmation letter from HO croydon
26/8/2011-money taken from our bank
still waiting as of today.


[img] :( [/img]

gerard820
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Post by gerard820 » Thu Dec 22, 2011 10:39 pm

hi all,
got my ilr today.it was sent in our house. after posting a message here this morning,
the whole documents together with our passport arrived at 10am. it was stamp in liverpool dec 13 2011. thanks for the moderators and every one here.

tanvirni
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Post by tanvirni » Fri Dec 23, 2011 11:09 am

gerard820 wrote:hi all,
got my ilr today.it was sent in our house. after posting a message here this morning,
the whole documents together with our passport arrived at 10am. it was stamp in liverpool dec 13 2011. thanks for the moderators and every one here.
Very good news. Congratulations.

gerard820
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Post by gerard820 » Fri Dec 23, 2011 4:40 pm

hi tanvirni,

thanks a lot. this is great christmas gift for my family. since i started posting on this board, it gives me encouragement. what a big relief. to every one with similar problem, dont lost hope. always have faith to god.
merry christmas to very one and have a prosperous new year. god bless.

Lisa 123
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Post by Lisa 123 » Thu Dec 29, 2011 9:58 pm

Hi Friends, i got WP in 2007 for 5 years at salary of 25k. my ILR application is due in sept 2012. now according to COP my salary should be 33k. is this rule applicable for me,

also if yes, would it be sufficient if i show 3 month payslips with this required salary or how do they will confirm this?

please post your experience if anyone has applied for ILR recently

bump
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Post by bump » Thu Jan 26, 2012 11:27 pm

Lisa 123 wrote:Hi Friends, i got WP in 2007 for 5 years at salary of 25k. my ILR application is due in sept 2012. now according to COP my salary should be 33k. is this rule applicable for me,

also if yes, would it be sufficient if i show 3 month payslips with this required salary or how do they will confirm this?

please post your experience if anyone has applied for ILR recently

i applied with 5 years work permit and got rejected on COP criteria. As I understood, Only 1 payslip for COP. But 3 needed for evidence of finances.

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