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work permit and ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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kns
Newly Registered
Posts: 5
Joined: Fri Dec 04, 2009 8:16 pm

work permit and ILR

Post by kns » Fri Dec 04, 2009 8:36 pm

Hello Friends,

i got my work permit in Jan 2009 for 5 year and due to apply for ILR in jan 2011 and i am working the same company and same post all along. I have been give increments based on my performance upto 20 % every year.So more or less my salary has been doubled. Will this cause a problem for my ILR.

I will be grateful for advice. help me from sleepless nights

Regards,
Sai

Markie
Senior Member
Posts: 681
Joined: Wed Sep 21, 2005 3:17 am
Location: Surrey

Re: work permit and ILR

Post by Markie » Sat Dec 05, 2009 5:46 am

WP on Jan 09 for 5yrs then ILR due in Jan 2011? its only 2 yrs...which date is correct?
kns wrote:Hello Friends,

i got my work permit in Jan 2009 for 5 year and due to apply for ILR in jan 2011 and i am working the same company and same post all along. I have been give increments based on my performance upto 20 % every year.So more or less my salary has been doubled. Will this cause a problem for my ILR.

I will be grateful for advice. help me from sleepless nights

Regards,
Sai

kns
Newly Registered
Posts: 5
Joined: Fri Dec 04, 2009 8:16 pm

Post by kns » Sat Dec 05, 2009 9:10 am

Markie

thanks for the reply. I am sorry i got my work permit in jan 2006 and due for my ILR in Jan 2011

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Thu Dec 10, 2009 8:55 pm

kns, has your employer told the UK Border Agency about your salary increases? I would have thought they would at least have been a "technical change of employment".

I have heard of some people having no problem in getting ILR despite quite substantial increases in salary, but technically you only have permission to work in the UK under the terms of your visa: what salary is stated on your visa letter? Your application for ILR could be refused on the general ground of breaching your previous conditions of leave.

The Work Permit guidance is that a "technical change of employment" (which must be notified to UKBA) does not include normal annual salary increases given to all staff. However, a substantial salary change could amount to a change of employment, requiring the employer to readvertise and issue a new work permit (or rather, a CoS under the new system).

The Work Permit guidance on Technical Changes of Employment is here:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The guidance on Changes of Employment is here:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I hope others will add their opinions to this because there doesn't seem to be a "right answer", especially for people who have had salary rises but no changes in job description.

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