PLease Advise( Old Work Permit.........)

brightway5 · Post by **brightway5** » Mon Oct 08, 2012 10:32 am

Dear Members,

I am on old work permit at the moment. i had it issued in oct 2007 and it is with NHS. I am going to Apply for Indefinite next week but i have come to know that HO have put a salary requirement and it is applicable on old work permit holders as well. According to Ho doc i am at NVQ level 6 and my salary should be 31200. I am currently getting 25K. Please advise what to do as i thought the new rules were only for Tier 2 people. I have booked premuim service for next week. Please advise me what to do in this regard and is it ok to use premium service or send it by post. and if i dont get visa how many chances are there to get it on appeal. I will be very thankful if anybody help me in this regard.
thanks

brightway5 · Post by **brightway5** » Mon Oct 08, 2012 11:42 am

Plz reply anyone. i am very desperate and running out of time. i will be very thankful....

Adojay · Post by **Adojay** » Mon Oct 08, 2012 3:48 pm

Hi Brightways,

Am sorry that I will not be able to provide you with the information you require. However, I think you have not provided near enough details for members to advise you on. You need to provide details such as;

Which visa did you enter the UK with, what stamp dates do you have on it, and when did you first enter the UK under that visa category?

Details of any visa extensions you may have been granted whilst in the UK.

The earlier you do this the better for you. This would help you decide whether or not to go ahead with your apply, or apply for further leave to remain until you sort things out.

Kind regards,

Adojay

Post by **geriatrix** » Mon Oct 08, 2012 5:06 pm

When does your current leave expire?
Do you know what is the SOC code for the job you are employed at? What is it?

brightway5 · Post by **brightway5** » Mon Oct 08, 2012 5:53 pm

Thanks a lot for your reply please find the details below

initially i entered UK on student visa and my entry date was 29/01/2004. i only had to extend it once in sep 2006. In Oct 2007 i had work permit from NHS. My current visa is expiring on 17 Oct 2012. my ten years are completing in Dec 2013.
My Job title matches with SOC Code with 2132 which requires £31200 but my actual job description closely matches with 2131 which requires 26k and currently i am on 24.5K. Please advise me what to do in this context as i am really worried actually i was misguided by someone on this and was told that i am safe and new rules dont apply on old work permit holder. I will be very thankful for your advise and help and waiting for it anxiously.

z18runway · Post by **z18runway** » Mon Oct 08, 2012 6:05 pm

my ten years are completing in Dec 2013.

I think if iam not wrong your 10 years will finish in jan 2014 as you entered initially on 29th jan 2004 and you can apply from the date of 2nd jan 2014

Post by **geriatrix** » Mon Oct 08, 2012 6:22 pm

You are in serious trouble! Forget about the in person appointment.

Have you ever spoken to your employer about the possibility of extending your stay in the UK as a Tier 2 migrant as and when your current WP leave expires? Was the employer prepared to increase your salary to the min. level as prescribed under the relevant SOC?

The following judgements touch upon the contentious issue of WP holders being subject to COP salary rates, and it appears in both cases that the judges are against this highly restrictive prescription.

Philipson (ILR – not PBS: evidence) India [2012] UKUT 00039(IAC)
Ferrer (limited appeal grounds; Alvi) Philippines [2012] UKUT 304 (IAC) (01 August 2012)

Given the time constraint, I would suggest that you consult a competent immigration solicitor on the matter.

brightway5 · Post by **brightway5** » Mon Oct 08, 2012 6:37 pm

Unfortunately i found out just last night about the SOC codes and the requirements and today i have spoken to my employer. Another negative thing is that our organization is going to be abolished in April 2013 that is all Primary Care Trusts will no longer exist in April 2013 so there is no chance that i will get a pay rise at this time nor will i get a sponsor letter to extend my leave as Tier 2 which meets the SOC code.
Really depressing

brightway5 · Post by **brightway5** » Tue Oct 09, 2012 12:35 pm

I have come across a document listed on the page http://www.ukba.homeoffice.gov.uk/sitec ... d/working/ Titled "
Indefinite Leave to Remailn Closed Categories"
in this document on the left hand side there is a link "Closed Categories Indefinite Leave to Remain- Concessions outside the Rules"

It says that there are concessions for the work permit hoders if there is no SOC code or approporate salary rat and for other closed categories and in the requiremnt section it says that the salary should be higher than that when the previous work permit application was made or it should be higher than the national minimum rate.

I think this solves my problem and may be very helpful for others as well

hmmmmmmmmmm

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wpilr_nov12 · Post by **wpilr_nov12** » Tue Oct 09, 2012 12:47 pm

brightway5 wrote: It says that there are concessions for the work permit hoders if there is no SOC code or approporate salary rat and for other closed categories and in the requiremnt section it says that the salary should be higher than that when the previous work permit application was made or it should be higher than the national minimum rate.

I think this solves my problem and may be very helpful for others as well

Are you sure, based on your previous post above?

brightway5 wrote:My Job title matches with SOC Code with 2132 which requires £31200 but my actual job description closely matches with 2131 which requires 26k and currently i am on 24.5K.

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PLease Advise( Old Work Permit.........)

PLease Advise( Old Work Permit.........)