old work permit transfer to Tier 2 General

[jeffreychen83]

Hi all, I am an old Work Permit holder who applied it in July 2008. I was shocked to hear that my SOC code was changed from 2121 to 2129 this Nov, the minimum salary is changed from £23000 to £29000p.a.

In order to secure the eligibility of ILR, I am thinking of changing to a employer which is willing to pay £29000 and apply Tier 2. So, if I got such an offer, what I should do to ensure seamless and safe transfer? My notice period is 3 months.

On the other hand, it's very difficult to find such a job at this moment, not only all my colleague's and my salary are way below £29000, but also all salary for this position on the market currently are ranged between £20000-25000, even in central London. I have no idea how they get £29000 as a minimum salary.

I hope someone could give me some advice and help me out. Thank you in advance.

Kind regards
Jeffrey

[Sheffield_Marketeer]

This may be a long shot, but you can try this:

if you are quite sure that the salary change is not reflective of the market standards and your employer feels the same, there is a way to let the UKBA know about it. You'll have to give support documentation and I am sure it will be quite an uphill task.

What they say is:

If you think the information in a code of practice is wrong

If you think that any of the information in a code of practice is wrong, please email SponsorshipPBSenquiries@UKBA.gsi.gov.uk. Please send as much information and evidence as you can, to support any suggested changes. We will look at your suggestions and update the codes of practice if necessary.

Check here: http://www.ukba.homeoffice.gov.uk/busin ... fpractice/

[jeffreychen83]

This may be a long shot, but you can try this:

if you are quite sure that the salary change is not reflective of the market standards and your employer feels the same, there is a way to let the UKBA know about it. You'll have to give support documentation and I am sure it will be quite an uphill task.

What they say is:

If you think the information in a code of practice is wrong

If you think that any of the information in a code of practice is wrong, please email SponsorshipPBSenquiries@UKBA.gsi.gov.uk. Please send as much information and evidence as you can, to support any suggested changes. We will look at your suggestions and update the codes of practice if necessary.

Check here: http://www.ukba.homeoffice.gov.uk/busin ... fpractice/

Hi, thank you very much indeed. I will definitely try this because even Atkins, ERM, URS, WSP those leading international engineering companies can't really match that salary level, and my English colleague are paid same or less than me(as far as I konw).

I will update this when I got an answer from.

Seasons Greetings!!
Jeffrey

[jeffreychen83]

I just heard that Tier 2 granted after Apr 2011 will lose the connection with ILR, does that mean if I switch to Tier 2 now, I will be unable to apply ILR?

Cheers,

[jeffreychen83]

any one could help with the above question?
By the way, I just know there is a transitional arrangement.
it says as follows

• The new Tier 2 criteria (i.e. the requirement
to be in a graduate level occupation, the new
salary thresholds and the requirement to have
competence in English language to level B1)
and the limit will not apply to those with leave
under Tier 2 or as a work permit holder granted
before 6 April 2011 and are seeking to extend
their stay as a Tier 2 migrant

• These requirements will also not apply to Tier
2 migrants or work permit holders granted
leave before 6 April 2011who are applying for
leave to remain as a Tier 2 migrant in order
to change their employer. Any such change
of employment application will, however, be
subject to the RLMT requirement as at present;

http://ukba.homeoffice.gov.uk/siteconte ... iew=Binary

Does that mean New Tier 2 criteria (mainly the salary criteria) will not apply if I seek to extend my stay as a Tier 2 migrant. In addition when my curent work permit is due (in 2013). Furthermore, if I am going to change the employer before the my work permit is due, I don't have to meet the minimum salary criteria?

Thank you in advance.

[arsenal49]

I just heard that Tier 2 granted after Apr 2011 will lose the connection with ILR, does that mean if I switch to Tier 2 now, I will be unable to apply ILR?

Cheers,

its under consideration at the moment and no final word has been forth coming from ukba.

yes, what you have heard is one proposal in this on-going consultation.

head to this thread for more info (14 pages long and still going strong!)

http://www.immigrationboards.com/viewtopic.php?t=79834

[jeffreychen83]

I just heard that Tier 2 granted after Apr 2011 will lose the connection with ILR, does that mean if I switch to Tier 2 now, I will be unable to apply ILR?

Cheers,

its under consideration at the moment and no final word has been forth coming from ukba.

yes, what you have heard is one proposal in this on-going consultation.

head to this thread for more info (14 pages long and still going strong!)

http://www.immigrationboards.com/viewtopic.php?t=79834

Thanks really helpful. Thanks

[roggiewaters]

hi jeffrey

Your reference to 'UKBAs statement of intent' of transitional arrangements published in February 2011 was never carried forward into making of a rule unfortunately. It clearly reads that existing WP holders and Tier-2 holders do not need to meet new salary thresholds.

However the rules that came in place in April 2011 do not incorporate the essence of this original intention. You will require to meet the new salary as per the code of practice if you are switching employers and also if you are applying for ILR later on.

I recently had my Visa application refused for the same reason trying to switch from a 3 year WP to the new Tier-2. I did appeal and my appeal was allowed on human rights grounds. You are still 18 months away from ILR so its a good call to start thinking about it right now.

More on my case in the following thread. (See how i have quoted the exact same UKBAs statement of intent as you have..... it almost appears that a misleading statement of intent was intentionally put in place so that existing tier-2 and WP holders got a wrong sense of safety. Even in my court hearing the judge acknowledged this fact that although the UKBA was not legally bound to implement a statement of intent into a rule, however it surely is misleading and provides a false sense of protection)

http://www.immigrationboards.com/viewtopic.php?t=89343

In the mean time Sheffield_Marketeer's suggestion is also worth a try, where you could gather relevant evidence to prove that the new salary thresholds for your job title is unreasonable and unrealistic

If you are going down that road, you can also check the source quoted by UKBA within your particular code of practice. Chances are that its sourced from Office of National Statistics. On their website you will find relevant excel files based on relevant surveys. If your specific job title has not been published then i think that the relevant code of practice can be questioned

Hope this helps

[jeffreychen83]

If you are going down that road, you can also check the source quoted by UKBA within your particular code of practice. Chances are that its sourced from Office of National Statistics. On their website you will find relevant excel files based on relevant surveys. If your specific job title has not been published then i think that the relevant code of practice can be questioned

Hope this helps

Hi Roggie,
Thank you for your very important information, otherwise I will always think it is true.

I have checked the ONS website, and downloaded the excel files you mentioned. Interetingly, the code 3551 (Environmental Officer) is logged as "consultant, environmental", the good thing is it only requests £23000 p.a. But the uncertainty is that it is not in the shortage occupation list, while I applied my currrent work permit with the title "contaminated land specialist" which was in the shortage occupation list in 2008, but removed by 2010 (or we can say it was replaced by "contaminated land engineer" by that time.

[jeffreychen83]

forgot to say Congratulation !