Promotion adversely affecting ILR?

[purplepple]

Hi, I'm eligible to apply for ILR on April 2013.

I started as an Analyst 4 years ago. I had been promoted 2 years ago and expects to be promoted again this year to become a Manager. My current salary is already 40% more than when I started and expects it to go up to 80% more by the end of the year.

I'm worried that these can result to a refusal of my ILR application. Could the gurus in this forum advise please?

Many thanks

[linkers]

You don’t need to be earning the same salary in any work related category. Earning more is a good thing and shouldn’t harm your application.

[brakesh]

Hi, I'm eligible to apply for ILR on April 2013.

I started as an Analyst 4 years ago. I had been promoted 2 years ago and expects to be promoted again this year to become a Manager. My current salary is already 40% more than when I started and expects it to go up to 80% more by the end of the year.

I'm worried that these can result to a refusal of my ILR application. Could the gurus in this forum advise please?

Many thanks

Hi Purplepple,

I think you might have a problem if they find out about this. This has been written on the guidance of technical change "/To be considered as a technical change of employment, the UK Border Agency need to be satisfied that the individual will continue to work under the same terms and conditions and continue to meet the work permit criteria. Any significant changes to location, salary, level of job or working hours are not considered as technical changes and will be regarded as a change of employment. Significant changes to the job, location or terms and conditions will require a new application under the points-based system"

In this document
http://www.ukba.homeoffice.gov.uk/sitec ... employment
its clearly written that promotion and significant salary increase is not treated as Technical change which means that you might have to apply for new work permit/ tier 2.

But one of my colleague who was hired by company as a supervisor and later on promoted to Assistant Manager got his ILR without any difficulty. The company just mentioned on the employer letter that he is working as assistant manager from so and so date his soc code and stuffs like that.
thats it and he got it. i think it depends on the luck as well.

please visit
http://www.ukba.homeoffice.gov.uk/visas ... lications/

wish you good luck.

Regards,
BR

[Smam]

Hi Brakesh

I was appointed as a Finance Assistant by my company when I got my WP and later on I got promoted this year to Assistant Financial Controller.

I'll be applying for my ILR this year is it considered a Technical change for me as it clearly says in the document what I've downloaded from the link what you've provided in the post.

Examples of changes we will not accept as a technical change
�� The permit holder’s duties have changed due to promotion, demotion
or restructuring.
�� The permit holder’s salary has risen significantly; that is above normal What shall I request my employer to write for my job description in my letter for the ILR.


Many thanks and waiting for your useful reply.

[brakesh]

Hi Brakesh

I was appointed as a Finance Assistant by my company when I got my WP and later on I got promoted this year to Assistant Financial Controller.

I'll be applying for my ILR this year is it considered a Technical change for me as it clearly says in the document what I've downloaded from the link what you've provided in the post.

Examples of changes we will not accept as a technical change
�� The permit holder’s duties have changed due to promotion, demotion
or restructuring.
�� The permit holder’s salary has risen significantly; that is above normal What shall I request my employer to write for my job description in my letter for the ILR.


Many thanks and waiting for your useful reply.

Hi Smam,

As far as the document concerned, your promotion is not considered as technical change. In your situation, In my opinion the company should apply for new work permit/ tier 2.

As far as my colleagues case, the company just wrote his current position, the cop figure, and stuffs like that.

In my opinion, its a risk because if they investigate it then you wont have any problem but if they do investigate then you might have a problem. So its better to go for peo appointment at solihull because of the feedback of the members of the site.

All the best.
BR

[purplepple]

Thanks for the response BR.

I think I might be alright actually because the way the duties were described initially were broad so it still covers my current position. Also, my increases were just part of normal annual increase and pay awards that were given to all staff. I'll make sure the wording of the employer letter eflects this.

What is SOC?

Hi Purplepple,

I think you might have a problem if they find out about this. This has been written on the guidance of technical change "/To be considered as a technical change of employment, the UK Border Agency need to be satisfied that the individual will continue to work under the same terms and conditions and continue to meet the work permit criteria. Any significant changes to location, salary, level of job or working hours are not considered as technical changes and will be regarded as a change of employment. Significant changes to the job, location or terms and conditions will require a new application under the points-based system"

In this document
http://www.ukba.homeoffice.gov.uk/sitec ... employment
its clearly written that promotion and significant salary increase is not treated as Technical change which means that you might have to apply for new work permit/ tier 2.

But one of my colleague who was hired by company as a supervisor and later on promoted to Assistant Manager got his ILR without any difficulty. The company just mentioned on the employer letter that he is working as assistant manager from so and so date his soc code and stuffs like that.
thats it and he got it. i think it depends on the luck as well.

please visit
http://www.ukba.homeoffice.gov.uk/visas ... lications/

wish you good luck.

Regards,
BR

[brakesh]

[quote="purplepple"]Thanks for the response BR.

I think I might be alright actually because the way the duties were described initially were broad so it still covers my current position. Also, my increases were just part of normal annual increase and pay awards that were given to all staff. I'll make sure the wording of the employer letter eflects this.

What is SOC?



[quote]

If its then you should fine i guess. there is soc code no in the code of practice document.

Regards,
BR

[Smam]

Hi Brakesh,

Thanks a million for your reply mate. I will definitely work on your advice.

But my SOC code for both of my positions are still the same and even the duities as described in the SOC code are also the same,my company told me that my SOC code is 3537 which covers both of my positions I means Finance Assistant and Assistant Financial Controller I think.

Please kindly advice me and correct me if I am wrong.

Thanking you once again.

Good luck for your ILR as well.

[brakesh]

Hi Brakesh,

Thanks a million for your reply mate. I will definitely work on your advice.

But my SOC code for both of my positions are still the same and even the duities as described in the SOC code are also the same,my company told me that my SOC code is 3537 which covers both of my positions I means Finance Assistant and Assistant Financial Controller I think.

Please kindly advice me and correct me if I am wrong.

Thanking you once again.

Good luck for your ILR as well.

hi smam,

i think that will be fine as long as your employer writes the letter in the manner that is acceptable to home office. as long as the letter is in the format they want, you will get it without any problem.

regards,
BR

[purplepple]

Is the SOC code only applicable for Tier 2 as I'm on work permit? Can a good soul send a link for more info on this?

[legalalien]

HI Brakesh
I am in the same situation as Smam, WP 2007, got promoted in 2009 before new tier 2 system, employer stated that I do not need a new work permit as it is the same job(different title) within same SOC code (my code has salary bands within same code covering various levels of experience e.g entry level, junior and specialist etc).
In 2009 I switched to tier 1 successfully with salary clearly much higer than that stated in my WP. Had no problems at all.
Now I am applying for ILR in May, meeting Tier 1 requirements but dont know what to submit for WP period, will p60s do the job, shalll I submit an employer letter (same employer throughout the 5 year period) and if so shall I give my original WP letter (this may make them notice difference in job title?).
I understood that guidance for tier 2 applies for wp holders,i.e. fresh application needed if change of job results in reduction in salary, or change in SOC or change from job of shortage to job not in shortage list( as per tier 2 guidance). Non of this applies to me or smam. Please clarify

[Smam]

HI Brakesh
I am in the same situation as Smam, WP 2007, got promoted in 2009 before new tier 2 system, employer stated that I do not need a new work permit as it is the same job(different title) within same SOC code (my code has salary bands within same code covering various levels of experience e.g entry level, junior and specialist etc).
In 2009 I switched to tier 1 successfully with salary clearly much higer than that stated in my WP. Had no problems at all.
Now I am applying for ILR in May, meeting Tier 1 requirements but dont know what to submit for WP period, will p60s do the job, shalll I submit an employer letter (same employer throughout the 5 year period) and if so shall I give my original WP letter (this may make them notice difference in job title?).
I understood that guidance for tier 2 applies for wp holders,i.e. fresh application needed if change of job results in reduction in salary, or change in SOC or change from job of shortage to job not in shortage list( as per tier 2 guidance). Non of this applies to me or smam. Please clarify

Hi legalalien

Well to be honest with you I had a very thorough discussion with my HR director today on this topic and he use to work as a CW in Croydon nearly 8 years ago and he's well in touch with all the rules and regulations he clearly explains to me that I dont need any new WP as I haven't changed the job when I say change the job means I haven't left the field of Finance and went in to Markeing or Operations in that case scenario where my SOC code change completely and the job desc changes as well then probably I'll need a New WP but in my case definitely not.

For you I'll advice you that just take your old P60's and your employer letter with you along with other applications docs and keep it with you if the CW raised question then show that to him/her.

Please do kindly share your PEO experience on the forum.

Good luck for your ILR.

[legalalien]

thanks smam,
I think your HR director is right, and the tier 2 guidance sets the rules clearly. But still doesnt explain when Technical Changes apply! the statement about change in jobs within this guide is quiet confusing in relation to jobs within same soc.
I have seem a few similar successful cases here whereby the change in job within same soc did not affect their applications.
I will keep everyone posted, and good luck to smam and purplepple with your apps.

Regards
LA

By the way Purplepple, soc codes apply for wp holders too...see rules for closed categories here http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
clearly stating: the employer certifies that they are paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors published by the UK Border Agency

[legalalien]

just to add one thing,sorry to keep going on about the topic, from tier 2 guidance:
Change of employment applications
189. You must make a change of employment application if you wish to change employer.
190. You must also make a change of employment application if you are remaining with the
same employer but:
• there is a change to your core duties which means you change jobs to a different
Standard Occupational Classification (SOC) code; or
• you are remaining with the same sponsor but there is a change to your core
duties which means you change jobs from a job which is currently on the shortage
occupation list to a job which is not on the shortage occupation list; or
• your pay reduces from the level indicated on your current Certificate of Sponsorship or current work permit, other than changes due to company-wide reductions defined
as acceptable in the Sponsor Guidance, or reductions due to maternity or adoption
leave.
191. A change of employment application is not required for other changes to your job. For
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.

[purplepple]

Thanks so much LA!

Definitely have the same SOC code and meeting the appropriate salary rate. I can now heave a sigh of relief.

thanks smam,

By the way Purplepple, soc codes apply for wp holders too...see rules for closed categories here http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
clearly stating: the employer certifies that they are paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors published by the UK Border Agency

[legalalien]

yes purplepple, but your are in a better situation than me as you can act now rather than think retrospectively whether or not a change was needed. So my advice is to ask your employer to check with UKBA with regards to your next promotion, this way if they get it in writing then you will protect yourself when applying for ILR in 2013

[Smam]

Hi

Just saw the new updated April 2012 version of the SOC code. Well the Technical change notification is only for those people who are getting their WP or Tier 2 on or after 6th April 2011. I just saw this while I was looking the Technical changes form as it clearly mentioned on the form that this Technical Change Application form is only valid for people who got their WP or Tier 2 on or After April 6 2011.

http://www.ukba.homeoffice.gov.uk/visas ... lications/

Well all in all my company HR director was right for me that these SOC codes and my promotion will not affect me in my ILR application. My HR director has worked as a Senior Level 7 CW in Croydon 8 years ago and he well truely understand each and every single law very deeply and how it'll be implemented and to whome it'll be implemented.

That's another biggest sigh of relief.

Good luck to every one for their ILR.

[legalalien]

thanks smam, this puts me at ease. I think I just need to relax now, all documents prepared and ready for the 2nd of May. I need to change the (What if attitude) and stop thinking about this, afterall I have prepared everything and the rest is not in my control.

[Smam]

Hi legalalien

First of all very best of luck for your ILR application on the 2nd of May 2012.

Well telling you the truth mate that's the dilema with every single person in this whole world that we dont have much control on our thinking process. You're not going to believe this that my HR director he just blatently started laughing at me when ever he see my face and says that he'll name me Mr.ILR instead of my name.

He just keep reassuring me every time that I'll be fine but he has got some human physcology degree so he always says that no matter even if the Queen will come to me in my house and say that no problem you'll get your ILR I'll still be thinking about the same thing again and again as this is in the back of my head.

Again very good luck for your ILR.

Please do share your PEO experience on the forum.

[linkers]

That’s correct Smam. I am also going through this dilemma and sleepless nights

[WP38]

Hi

Just saw the new updated April 2012 version of the SOC code. Well the Technical change notification is only for those people who are getting their WP or Tier 2 on or after 6th April 2011. I just saw this while I was looking the Technical changes form as it clearly mentioned on the form that this Technical Change Application form is only valid for people who got their WP or Tier 2 on or After April 6 2011.

http://www.ukba.homeoffice.gov.uk/visas ... lications/

Well all in all my company HR director was right for me that these SOC codes and my promotion will not affect me in my ILR application. My HR director has worked as a Senior Level 7 CW in Croydon 8 years ago and he well truely understand each and every single law very deeply and how it'll be implemented and to whome it'll be implemented.

That's another biggest sigh of relief.

Good luck to every one for their ILR.

Hello - I am in the same boat as you. WP holder, Promoted etc. with an added twist of an acquisition thrown in (I belong to the acquiring company and my job has not changed).

I want to highlight your statement in red - I went through the form but could not see this explicit declaration. Can you please tell me where to find it?