ILR refusal at PEO - Salary requirements

Please help. Our ILR application was refused today at PEO Croyden because of the new salary requirements. I changed to part time work 18 months ago, however, HR have not notified them of this (and neither did I as I thought HR had to, but stupidly never checked that they had).

I work 17 hours per week. I am paid at the correct salary pro-rata. But they declined it because, according to their records, I should be working and paid for 37.5 hours.

We have been given a letter saying our case is being considered further - they said it is now with the 'refusals team'. They kept all our documents and said it will likely be 3-4 weeks before we hear anything more as there is a large backlog of refused cases due to the new salary requirements.

Anyone have any idea where I start trying to sort this out? When I read the new requirements I initially thought this might happen but went over the requirements, phoned the home office people, and went over it with HR, and everyone said it was fine because I am paid at the right rate.

Our visa's expire 28 June - they said as we will be officially refused after this, then we will get information about appealing. But I have no idea whatsoever about this. Is it time to get a lawyer? Any advice at all would be great or links to other threads. The only info I can find on appeals on ukba website is about asylum refusals. I am in total shock - never expected this at all. Thank you in advance.

Hi,

sorry to hear you've been refused ILR..are you on Workpermit..? and have you met the salary requirements that are mentioned in code of practice..?

when you called Homeoffice regarding salary have you mentioned that you're working parttime..

Let me assume that you are on Tier 2 or Work Permit. That means they are right to refuse you, you as an economic migrant from out side EU are not allowed to just work part time on Tier2 or Work Permit what so ever, unless there is something you are not telling us here (like ill health or maternity leave). And even if you or your HR notified UKBA 18 month ago that you are switching into part time, your WP would probably be cancelled then and there, because Tier2 and WP are for full time only (you may have a reduction of hours due to current economic situation but only for no more than a year, and certainly not reducing the hours by HALF)

So yes, you'll definitely need a lawyer, a good one.

What is your detailed immigration history over last 5 years?

I have been on WP for 5 years, working for NHS. I went on maternity leave, and then returned part time, initially for 13 hours a week, then 17 hours a week. Throughout I have informed work permits that I was going on ML, and then returning part time and they said that as long as the employer agreed to part time, then it was fine. I had assumed that HR were notifying them of the change.

I was on Band 6 salary, and still am, in fact I'm paid over the required rate - just part time.

Just had a look at your previous post.

So you are on WP and switched to part time because of your kid, is that right?

Then I could see 2 ways of doing this,
1, switch back to full time and then appeal.
2, since your husband is holding NZ passport, maybe he can apply for working holiday visa?

stephno wrote:I have been on WP for 5 years, working for NHS. I went on maternity leave, and then returned part time, initially for 13 hours a week, then 17 hours a week. Throughout I have informed work permits that I was going on ML, and then returning part time and they said that as long as the employer agreed to part time, then it was fine. I had assumed that HR were notifying them of the change.

I was on Band 6 salary, and still am, in fact I'm paid over the required rate - just part time.

As far as i know, Any salary reductions 30% below and change of hours as from work permit should be informed to UKBA througha a technical change form. Your employer should have been informed to UKBA. I am not sure then UKBA would be issuing a letter to approve this or a new work permit is issued.

Does anyone else have any advice regarding this matter?

We have been calling lawyers but the responses are all different which is not helpful. One lawyer (recommended by friend) said they could research and write submissions and send them in now, before it is actually refused.

A second one said that would be pointless, and we should wait and try to go through the appeal system to either (a) buy some time to pack up and go or (b) fight the appeal through every avenue (mainly something about article/section 8 - links to the uk???).

A third company said that both of those are pointless, and we should pay them to retract our current application, and they would do a new application complete with submissions of caselaw relating to previous cases of this happening.

My HR department are saying I should simply apply for a Tier 2 work permit (and 2 of above suggested that also, but warn the '5 year clock' will probably start again because I have been in breeech of conditions).

We are so confused. It is so tempting to pack up and go home, but we love this country, we feel our future and the future of our son is here, so part of us wants to fight it.

stephno wrote:Does anyone else have any advice regarding this matter?

We have been calling lawyers but the responses are all different which is not helpful. One lawyer (recommended by friend) said they could research and write submissions and send them in now, before it is actually refused.

A second one said that would be pointless, and we should wait and try to go through the appeal system to either (a) buy some time to pack up and go or (b) fight the appeal through every avenue (mainly something about article/section 8 - links to the uk???).

A third company said that both of those are pointless, and we should pay them to retract our current application, and they would do a new application complete with submissions of caselaw relating to previous cases of this happening.

My HR department are saying I should simply apply for a Tier 2 work permit (and 2 of above suggested that also, but warn the '5 year clock' will probably start again because I have been in breeech of conditions).

We are so confused. It is so tempting to pack up and go home, but we love this country, we feel our future and the future of our son is here, so part of us wants to fight it.

FIGHT FOR IT. GOD WILL WITH YOU GUYS.

littlerice wrote: 1, switch back to full time and then appeal.

Have you discussed this with the Lawyers?

I would also suggest to fight for it as you can see the UKBA are now consulting to pretty much stop the work related Settlement (or grant it only to people who earn more than 150k or Nobel price winners!). It will be much harder in future to get ILR. So this is your chance. All the best.