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robdylan wrote:Hi guys
Getting some conflicting advice here. As I am a work permit holder, does my employer need to get BIA approval in order to give me a salary increase?
Any (and all) input much appreciated
Rob
and theIf the application involves a change to the duties and conditions of work from those on the previous work permit application (other than Technical Changes see paragraphs 141 -147), a search of the resident labour market will normally be required (see paragraphs 49 - 73)
robdylan, I would say it depends. If your employer had to advertise the post (ie not a shortage occupation) and you have had a large increase, they should consider doing a change of employment application. The reason for this is that they got no suitable applicants with the lower salary, but this may be different for a higher salary and the UKBA also has to protect the resident labour market.Different job, same employer
A change of employment application is required where there is a substantial change to terms and conditions of the employment for which a work permit has previously been approved. Caseworkers should ensure that a labour market search has been carried out for applications where any of the following circumstances occur except for Tier 1 applications:
• the permit holder’s salary has significantly risen in addition to any annual increments, as a higher salary is likely to attract more applicants when the post is advertised appropriately (if the salary has risen only because of annual increments, it may be appropriate to consider any such application under the technical change of employment category).
PaperPusher wrote:Markie, this is not true.
Please see the business and commercial guidance
and theIf the application involves a change to the duties and conditions of work from those on the previous work permit application (other than Technical Changes see paragraphs 141 -147), a search of the resident labour market will normally be required (see paragraphs 49 - 73)
caseworker guidance
robdylan, I would say it depends. If your employer had to advertise the post (ie not a shortage occupation) and you have had a large increase, they should consider doing a change of employment application. The reason for this is that they got no suitable applicants with the lower salary, but this may be different for a higher salary and the UKBA also has to protect the resident labour market.Different job, same employer
A change of employment application is required where there is a substantial change to terms and conditions of the employment for which a work permit has previously been approved. Caseworkers should ensure that a labour market search has been carried out for applications where any of the following circumstances occur except for Tier 1 applications:
• the permit holder’s salary has significantly risen in addition to any annual increments, as a higher salary is likely to attract more applicants when the post is advertised appropriately (if the salary has risen only because of annual increments, it may be appropriate to consider any such application under the technical change of employment category).
What % annual increase have you had?
Regards
PP
Last year I got around 1%, which I assume wouldn't be a problem. This year, I am pushing hard for 8%, which I am sure would fall outside of the bounds of a normal annual increase.PaperPusher wrote:Markie, this is not true.
robdylan, I would say it depends. If your employer had to advertise the post (ie not a shortage occupation) and you have had a large increase, they should consider doing a change of employment application. The reason for this is that they got no suitable applicants with the lower salary, but this may be different for a higher salary and the UKBA also has to protect the resident labour market.
What % annual increase have you had?
Regards
PP