work permit to ILR In 2014

bhaujoshi · Post by **bhaujoshi** » Fri Mar 08, 2013 12:28 pm

Hi, There

I heard a lot about this forum.... that most most of problem solve by experience persons..

I am seeking help on my visa status :
- I got Tier-2 ( General) workpermit on FEB-2009...
- I am working for the same employer since then..
- My confusion Is that on my application time.. there was no necessity of to get employer Licence, or nor was any salary restriction...
- Now I am reading this forum from few days.. according to new rules of ILR, I have to show my Income according to code of practise...

I have my ILR coming in FEB-2014,, will this new rule of Income will effect me or not ??

Thanks

Gagan1986 · Post by **Gagan1986** » Fri Mar 08, 2013 12:52 pm

Yes you have to show your income as per new rules on SOC codes.

timarli · Post by **timarli** » Fri Mar 08, 2013 1:01 pm

I have the same problem. First entry is with a WP in 2008 and will be eligible to apply end of this year. However there is a chance I won't be able to meet the new salary requirement.

What I am wondering is if this is something that can be challenged?

I guess they will straightaway say: "the rules say: You must meet all the requirements of the Immigration Rules at the time when you make your application." which is written almost on every single page of UKBA website.

But my argument is: that warning wasn't there in 2008 and I made a decision based on the fact that as long as my circumstance doesn't change I would be able to apply for settlement. In the end when changing a country as a visa national you're making long term plans and decision? If they introduce this new requirement they're simply changing the rules without any warning?

Is it something that can be challenged? Any point writing to my MP?

Btw my position was in the "skills shortage list" back then, does that give any advantage for ILR application?

bhaujoshi · Post by **bhaujoshi** » Fri Mar 08, 2013 2:21 pm

Thanks gagan...

one more thing ....
Do I have to change my designation, which was "account assitant " with I got work permit... with new code of practise ??( etc. account manager or something ??

Gagan1986 · Post by **Gagan1986** » Fri Mar 08, 2013 6:58 pm

bhaujoshi wrote:Thanks gagan...

one more thing ....
Do I have to change my designation, which was "account assitant " with I got work permit... with new code of practise ??( etc. account manager or something ??

Is there a SOC code for accounts assistant? If not then you have to find the closest match of SoC code. If account manager is the closest one that you need to make sure your salary matches that which I know it's impossible.

Kevin24 · Post by **Kevin24** » Fri Mar 08, 2013 7:36 pm

You have to look at UKBA SOC Code List as at April ;12, Section K-Finaance and Insurance Activities. All the relevant details are there. You can choose a SOC Code what is appropriate for you.

Kevin24 · Post by **Kevin24** » Fri Mar 08, 2013 7:50 pm

bhaujoshi wrote:Hi, There

I heard a lot about this forum.... that most most of problem solve by experience persons..

I am seeking help on my visa status :
- I got Tier-2 ( General) workpermit on FEB-2009...
- I am working for the same employer since then..
- My confusion Is that on my application time.. there was no necessity of to get employer Licence, or nor was any salary restriction...
- Now I am reading this forum from few days.. according to new rules of ILR, I have to show my Income according to code of practise...

I have my ILR coming in FEB-2014,, will this new rule of Income will effect me or not ??

Thanks

After selecting your SOC code from April'12 list, you need to check with the New List effective from 06/04/2013. From this new list you have to match the Code and the New Salary. Since you are on a 5year WP.you don't need an New Sponsor License. But you will come under Tier 2( General). Read the relevant posts and clear your confusion.

Kevin24 · Post by **Kevin24** » Fri Mar 08, 2013 9:32 pm

bhaujoshi wrote:Hi, There

I heard a lot about this forum.... that most most of problem solve by experience persons..

I am seeking help on my visa status :
- I got Tier-2 ( General) workpermit on FEB-2009...
- I am working for the same employer since then..
- My confusion Is that on my application time.. there was no necessity of to get employer Licence, or nor was any salary restriction...
- Now I am reading this forum from few days.. according to new rules of ILR, I have to show my Income according to code of practise...

I have my ILR coming in FEB-2014,, will this new rule of Income will effect me or not ??

Please keep your Employer ASAP,regarding these changes.. You could also consult an Immigration advisor/Solicitor.

Thanks

lapppt · Post by **lapppt** » Mon Mar 18, 2013 3:36 am

Gagan1986 wrote:Yes you have to show your income as per new rules on SOC codes.

For old work permit holders, this issue is confusing.

The old code provided that “Applicants who are currently working in the UK (either for you or for a different employer) under Tier 2 (General), Tier 2 (Intra company transfer) or a work permit must have an offer of a job at or above NQF level 3 if their original grant of leave was made before 6 April 2011 or NQF level 4 or above where their original grant of leave was made on or after 6 April 2011.

The new code in force from 6 April 2013 provides that “Only those who entered Tier 2 (or the work permit arrangements) before 6 April 2011 may be paid below these thresholds, when they apply to extend their stay, change employment, or settle in the UK. However, in most of these cases, the “experienced worker” rate will apply; the “new entrant” rate will only be relevant to those applicants who have been in Tier 2 and/or the work permit arrangements for less than 3 years and 1 month in total when they make their next application.”

What does this mean?

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work permit to ILR In 2014

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