ILR OLD WORK PERMIT HOLDERS EARNINGS REQUIREMENT

[geriatrix]

The webpage where this document is listed was last updated on 07-Apr-11. The IDI document in question is valid from 08-Mar-11.

Move on.

[littlerice]

Just got a question myself, say my job title is not on COP, and there are two job titles on COP that are close to mine, A and B. However my current salary is only higher than A not B, so obviously I would use A in my application. Will UKBA then try to say actually B fits better, and because it's higher than my salary, they would reject the application. Assuming my current salary is higher than the original WP document.

[York123]

@ALI74:
Do you have any information reagrding the transitional arrangements if we dont meet ILR criteria.

[York123]

http://www.parliament.uk/briefingpapers ... -05922.pdf

Some Hopful Transitional arraingmets clues.

New minimum income requirement: As already mentioned, from 6 April, Tier 1 and Tier 2 migrants (and those that entered under their predecessor categories) who apply for Indefinite Leave to Remain will be required to satisfy the same minimum income/appropriate rate criteria as applied when they last extended their leave to remain. This aims to ensure that persons granted entry to the UK in order to undertake skilled or highly skilled work continue to work in such occupations after entry.

Could anyone have any further information regarding this. It was given in the draft that the in country applicants can go for extension without meeting the new rules. But it is nowhere updated in the UKBA website.
If anyone know about the transitional arrangements if they dont meet the ILR criteria, please let us know.

[ALI74]

york 123

I dont have further information about Transitional Arraingments

[geriatrix]

Unfortunately, the statement has been misinterpreted and posted on the forum as "transitional arrangement clues".

[Gopaalan]

The Salary thing is very confusing. I spoke to UKBA today (at 10:30) and they said the Salary criteria doesn't apply to Work Permit holders. He refrred to Section 9 of the Form and said it's for Point based system and the Work permit holders do not need to fill this part in.

I was happy when I got the answer I wanted to hear and hence forgot to ask him about Section 10B which clearly says about the Salary and COP for Work permit holders.

I need to ring them again.

[geriatrix]

I was happy when I got the answer I wanted to hear.

And that is exactly where the problem is. People want to hear the answer they wish to hear ... rather than what the rules state.

How difficult is it to understand what immigration rule 134 states, as on date?

And, If at the end of a 7 page discussion on the very rule one cannot believe what the immigration rule states but wish to hear "what they want to hear" - well, all I can say is - "best of luck".

No offence, but it seems people are not making an effort to read / understand the discussions, but coming up with the same old question "do the new rules apply to WP holders" or posting claims "no, they don't - because UKBA telephone operator said so"!

[York123]

Unfortunately, the statement has been misinterpreted and posted on the forum as "transitional arrangement clues".

U r right.. I think there r no transitional arrangements for Work Permit holders after spending 5 yrs on it.

They need to apply as a fresh application.

But a person on Tier-1 can extend their stay after 5 yrs on their visa.

[littlerice]

Just got a question myself, say my job title is not on COP, and there are two job titles on COP that are close to mine, A and B. However my current salary is only higher than A not B, so obviously I would use A in my application. Will UKBA then try to say actually B fits better, and because it's higher than my salary, they would reject the application. Assuming my current salary is higher than the original WP document.

Any thought?

[geriatrix]

Just got a question myself, say my job title is not on COP, and there are two job titles on COP that are close to mine, A and B. However my current salary is only higher than A not B, so obviously I would use A in my application. Will UKBA then try to say actually B fits better, and because it's higher than my salary, they would reject the application. Assuming my current salary is higher than the original WP document.

Any thought?

I don't think UKBA caseworker should / would challenge what "your job is" as certified by the employer and that you are being paid appropriately in line with the COP.

But, if there is a obvious discrepancy job description in the documentary evidence(s) you submit (e.g. - old WP authorisation and current employer letter) and the caseworker catches it, then expect deeper digging into the issue.

[Ksenia]

I have a question, I've managed to get a pay rise up to the COP level, but just noticed that first couple of years my salary was a bit less than the amount stipulated on my WP, will this be a problem, or do they look at ones current salary only?

[jacsll55]

Where do I look to find the COP and the salary requirements?

[Ksenia]

Where do I look to find the COP and the salary requirements?

ukba:
http://www.ukba.homeoffice.gov.uk/sitec ... duate-cop/

[Pierrot95]

I can't see any circumstance where an application will be refused based on this new salary rule. I suspect that the rule was added just because they wanted to say that things are changing, but it was initially targeted at tier 1 and they added WP holders just for consistency.
There is no code written on the work permit document so the only one the case worker will see is the one suggested by your employer. Even in the worst case scenario where your job title is different from the one in the code, I can't see how they will decide in a few minutes whether this is wrong or right. To do this, they need to read your job specifications and try to understand if it is the same job described in the code the employer is suggesting. They can't do this as they are not asking for your contract.
As already said, please share your personal experiences for those applying with the new rules. I will do the same as I am applying in a few weeks.
My job title is not in the COP and I don't expect it to be there. Why? Because I work as a research scientist (which appears in the COP) but this is just a generic title. My job title, as written on my WP (and this goes the same for the many hundreds colleagues I work with) is very specific to what I do, and it would be difficult to find the same job title even in another research organisation.
This whole issue is a total mess. The application form itself has been updated twice in a week. The interactive form is gone. They are asking all applicants to provide 2 years of cohabitation documents for the spouse, while there is no such requirement for spouses of WP holders.

Just got a question myself, say my job title is not on COP, and there are two job titles on COP that are close to mine, A and B. However my current salary is only higher than A not B, so obviously I would use A in my application. Will UKBA then try to say actually B fits better, and because it's higher than my salary, they would reject the application. Assuming my current salary is higher than the original WP document.

Any thought?

I don't think UKBA caseworker should / would challenge what "your job is" as certified by the employer and that you are being paid appropriately in line with the COP.

But, if there is a obvious discrepancy job description in the documentary evidence(s) you submit (e.g. - old WP authorisation and current employer letter) and the caseworker catches it, then expect deeper digging into the issue.

[Gopaalan]

We need to hear from a WP holder who applied after April 6th. I remember Rajivilr is eligible to apply on April 18th and will have a better idea if we hear from him

[SNG]

you are right Pierrot95,
the COP is like a puzzle. i don't think the case workers can understand well. they only look if the job description matching(1or 2 duties) and most importantly salary criteria.
Thanks to you about changing the topic, as members above discussing about mistakes on ukba website rather than answering questions who's applying soon. and thanks for mentioning about the application form changes(11th Apr2011), it helped me as i have taken print out of the 6thApr2011. I got right one now.
The only change i have seen is ... targeting WP holders.
Section 10(B)

Work permit holder If you are applying for indefinite leave to remain on completing 5 years’ continuous stay in the UK as a work permit holder, in addition to the relevant documents in 10A, you must provide the
following:
* Document(s) confirming that you have spent a continuous period of 5 years in the UK:
- either as a work permit holder throughout that period, or
- as a work permit holder most recently, combined with previous permission as a work permit holder, highly skilled migrant, self-employed lawyer, or as a writer, composer or artist.
** A document from the employer named in your current work permit confirming that you are:
- still required for the employment in question, and
- being paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors. (See note 9 on page 37 of this form).
*** Payslips and bank statements showing the payments paid to you for the 3 months immediately prior to the date of application

I think the last point is to stop sudden payrises to match COPs... i hope this is because of too many calls to customer services and giving them ideas !
any ways good luck to all... including me..

[Gopaalan]

Hello SNG

When are you applying for ILR and the category you are applying under?
Do you have a proforma for the Employment Letter with this Salary thing in it?

[Jax331]

I've managed to find a post on this forum with regards to old Work permit Holders who have been questioning the CoP issue when appling for ILR. Looks like they are taking the CoP thing seriously for old WP holder. see link below:
http://www.immigrationboards.com/viewtopic.php?t=75923

[dimsav]

I can't see any circumstance where an application will be refused based on this new salary rule. I suspect that the rule was added just because they wanted to say that things are changing, but it was initially targeted at tier 1 and they added WP holders just for consistency.
There is no code written on the work permit document so the only one the case worker will see is the one suggested by your employer. Even in the worst case scenario where your job title is different from the one in the code, I can't see how they will decide in a few minutes whether this is wrong or right. To do this, they need to read your job specifications and try to understand if it is the same job described in the code the employer is suggesting. They can't do this as they are not asking for your contract.
As already said, please share your personal experiences for those applying with the new rules. I will do the same as I am applying in a few weeks.
My job title is not in the COP and I don't expect it to be there. Why? Because I work as a research scientist (which appears in the COP) but this is just a generic title. My job title, as written on my WP (and this goes the same for the many hundreds colleagues I work with) is very specific to what I do, and it would be difficult to find the same job title even in another research organisation.
This whole issue is a total mess. The application form itself has been updated twice in a week. The interactive form is gone. They are asking all applicants to provide 2 years of cohabitation documents for the spouse, while there is no such requirement for spouses of WP holders.

Good luck to you Pierrot!
And please keep us updated -- your comments are always sharp and to the point, I personally value them much...

[SNG]

Hello SNG

When are you applying for ILR and the category you are applying under?
Do you have a proforma for the Employment Letter with this Salary thing in it?

I applied and got ILR yesterday. the format is as below


UKBA

Sub: ILR Application (or any thing like…[your name])
WP Ref No:
Job Title :

With reference to the recent changes in the requirements for ILR, the above named employee (or name) has requested us to verify that his job role matches with the codes of practice for sponsored workers list.

After carefully going through occupation codes of practice document, I can confirm that he is paid at/above appropriate rate for the job.

Ref : Occupation practice for Tier 2 (Section : ?)
Code : ???? (Pay rate/salary : ???)

[tanvirni]

Congratulations SNG.

Hello SNG

When are you applying for ILR and the category you are applying under?
Do you have a proforma for the Employment Letter with this Salary thing in it?

I applied and got ILR yesterday. the format is as below


UKBA

Sub: ILR Application (or any thing like…[your name])
WP Ref No:
Job Title :

With reference to the recent changes in the requirements for ILR, the above named employee (or name) has requested us to verify that his job role matches with the codes of practice for sponsored workers list.

After carefully going through occupation codes of practice document, I can confirm that he is paid at/above appropriate rate for the job.

Ref : Occupation practice for Tier 2 (Section : ?)
Code : ???? (Pay rate/salary : ???)

[tanvirni]

Hi All,
Did anybody see this?

http://www.ukba.homeoffice.gov.uk/sitec ... employment

I was reading this two years ago when was thinking to ask my employer for increase my salary. It says UKBA will not accept salary rise as a technical changes of WP and need to apply for a new WP by the employer (• The permit holder’s salary has risen significantly; that is above normal annual increments or pay awards applied to all, or most, staff.)

Now they are saying you have to earn £££ to get ILR.

Thanks

[smaganti]

HI,

if you have gradual increments i.e annually it should be fine that's what the document says and that is not considered as a techinal change ..

You do not need to tell us about
•Changes to the employee’s home address
•Gender changes which are not recorded on the employee’s passport
•Salary increases as a result of annual increments or other annual pay awards paid to most staff.

[tanvirni]

Hi,
Thanks for quick reply. In my case my WP was approved for £2100pa(was the minimum salary for my post in WP case work guide), if I had a 7% pay rise each year will get above £2700pa(which is needed now) however I am working for public sector and have two year pay freeze, do not know what to do.

Thanks

HI,

if you have gradual increments i.e annually it should be fine that's what the document says and that is not considered as a techinal change ..

You do not need to tell us about
•Changes to the employee’s home address
•Gender changes which are not recorded on the employee’s passport
•Salary increases as a result of annual increments or other annual pay awards paid to most staff.