ILR - WP - Will it be problem?

[gattha]

Dear Gurus,

First of all thank you for running Immigration Boards forum so efficiently and trying to help so many people like us for free (which could cost ££££ if been to solicitors). Keep up the good work!

Now coming to my queries:

I will be hopefully applying for my ILR in December 2012 (I know it’s about year left but I would not like to take any chances and prepare myself for worst situation).

I was issued work permit in January 2008 (under old rules) with the salary mentioned in the work permit document as £24000/p.a. I have been with same employer for past 4 years.

1. I met with an accident in May 2011 when I was on holiday with my family. Police was involved and no points or warning or anything was issued to any parties. When the matter went to insurance company both the parties have refused to accept the liability for accident. I have hired a solicitor (of course, No Win – No fee one) to represent me. I am not sure if in worst case, its proved that it was my mistake (which my solicitor def. thinks is not), can it create any kind of problems for my ILR application? I am not sure how much time these things take to sort but I would like to know anything that can impact my ILR application becasue of this accident.

2. More important one: As mentioned above, my work permit document says salary requirement of £24000/p.a. However I was not paid at the same rate. Quick summary of my P60’s:

2008-2009 - £20,250
2009-2010 - £23,580
2010-2011 - £25,300
2011-2012 - £40,000 (Expected)

As seen above I was short for first two years. I had reported to pay correct salary to my Managing Director few times but he was suffering from Frontotemporal dementia whereby he was unable to remember things for long time (might sound like film story but trust me guys, its true). Finally he was forced to resign in Nov-2010 and we had new Managing Director. I discussed the same with new director and he understood the situation and promised to pay correct salary. He also arranged to pay the previous amount that was not paid, which came in as ARREARS in my pay slip of August 2011. My new M.D, may also issue letter stating this if needed for my ILR, but is there anyways this can be reflected in my previous P60’s? Or anything i can do?

Also looking at my performance and quality of work, they thought I was still underpaid and should get at least £36,000 from Nov 2011 (so it may come around £40K for my P60 of 2011-12). Can this be a problem, as I have had increase of about £12000 in 4 years? (Possibly I may have another salary review and may go up to £40,000 before I apply for my ILR)

They are also planning to promote me and add senior to my existing title (i.e. Senior Technical Support Analyst) and most of my role and duties would stay same, it just that I will supervise two new members of staff. Can this create any problems?

I would really appreciate if you can help and advise me for this situation. Please let me know if you need any more details.

Thanks in advance to all your help.

Best Regards

Gattha

[uk_mkh]

They are also planning to promote me and add senior to my existing title (i.e. Senior Technical Support Analyst) and most of my role and duties would stay same, it just that I will supervise two new members of staff. Can this create any problems?

As far as I know, this would entail applying for a technical change to your existing document. I don't know if the normal requirements such: resident labour market test, job adverts, etc would need to be me made.

[vinaya]

I am in a very similar situation.

My salary has increased by 8K this year and also based on SOC code requirments, my salary is over 11K.

I can only beleive that the case worker will be interested if I am paid at or above the required rate, as per the SOC code. I might be wrong.

Any suggestions?

[uk_mkh]

I think they look at the letter from the employer and check to ensure you are being paid at the appropriate rate. I don't know if it is up to the employer to tell them that they increased your salary by over say 20% in one year.

But considering we have to submit the P60's for last 5 years - I am sure an astute caseworker would realise the big change and make checks to ensure that the company has informed the UKBA?

Maybe for WP workers they just ensure we are paid at the appropriate rate and they don't care about big changes in salary considering all their new rules they put in place? t would be good to get certainty though!

[devmanda1ia]

This is an interstering question. I am in similar situation whereby my salary has gone up by about 10k since last HO of notified of technical change in 4 yrs ago.

Understanding I have is that as long as your pay is at or above SOC code it will not make any difference.

Can any moderator / senior member please confirm if employers are required to keep informing HO with every increase in salary?

[gattha]

Hi guys,

I have found the following which was posted by Lucapooka in another post in regards to my query for company merger.

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

It says:

change of employment application is not required for other changes to your job. For 191. example if you are remaining with the same employer and change jobs to a different job within the same SOC code, your pay increases, or you are moving under TUPE arrangements due to takeover, merger, or de-merger.

Above it doesnot say aything about what rate the salary has increased, etc. But problem is some of us have applied for old work permit, so should we be covered under this?

Also moderators can you please help or provide suggestion for other queries i have asked? i would really appreciate any advise of help...

Many Thanks in advance...