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Work permit - code practice letter problem
Posted: Sun Aug 07, 2011 8:02 pm
by almota7
My employer has made a letter in which he estates my job title exacly as it says in the work permit instead of one of the job titles in the code of practice. Even thought i had a premium appointment, i was told my case would be extended and i should post them back a new letter with the correct job title. Won't they arguee that my job title is different from the one in the work permit now? Also, how long would it take to get and answer if from the day i post the new letter? Any previous experiences on this? I have a no changable flight booked for 20th august (£800) and im scared i'll lose it. The job title in my work permit is "quality manager" which doenst exist under the hospitaliy category in the CP and is paid over 32k. My new job title in the letter will be Restaurant Manager (thats what i actually do) and with a guidance pay of 18k (mine is 23k).
Posted: Mon Aug 08, 2011 4:21 pm
by polar
Do you mean that your employer has not stated the nearest job title on the code of practice in the letter?
He just copy the job title on your work permit?
Posted: Mon Aug 08, 2011 4:36 pm
by almota7
Thats sort of correct. The fact is that I did the letter myself and he signed for it (he doesnt really care). I have now sent a new letter with the correct job title (according to code of practice) but i'm not sure of what the outcome will be.
Posted: Mon Aug 08, 2011 4:48 pm
by almota7
I've just been told by UKBA information line that when a Premium aplication has been extended, it follows the same time guidance as postal aplication. That could take ages, right?
Posted: Mon Aug 08, 2011 4:53 pm
by sab124
Hi almota7,
To which address did u sent this letter. Did UKBA caseworker provided you with a new one?
Posted: Mon Aug 08, 2011 5:24 pm
by almota7
They gave me a small label to place in front of the envelope. IT said:
UK Border agency
1st Floor
Lunar House
40 Wellesley RD
CR9 2BY
Extended PEO Team ( i know thats the important bit but i cant quite remember the right order of the words and if there are any missing ones.)
Posted: Mon Aug 08, 2011 10:21 pm
by littlerice
Can't really understand your situation, so why don't you post your original letter on here and answer the following questions so we can help you better.
1, what's the job title on your WP?
2, what do you actually do and how much are you paid?
3, what's the Code of Practice code did you choose?
From what I gather from the past few month of this new rule, on the employer letter, you should have the following points,
1, tell that your job title is exactly the one on your WP. You are not allowed to change it, period, that's a breach of WP rules.
2, a lot of people's job title is not on Code of Practice list, so you pick one that's closest, and compare the salary, yours should be higher.
You were right to put in the letter you job title as it was on WP doc, what you are missing is explaining why a "quality manager" is working as a "restaurant manager", just use your imagination, something like 'you were put there by the management to improve the whole service quality of the restaurant', not too far a stretch is it?
But don't change your job title, because although I'm not a lawyer, but I know this much, WP holder are not allowed to change job title.
Posted: Tue Aug 09, 2011 2:01 am
by almota7
You guys are very helpful. Thank you.
I must explain myself first as I also help people in IT related forums and get nervous when people don't do their basic homework before asking.
The thing is that i had an accident 2 months before my application and that lead to a minor brain damage. I couldn't speak or walk very well for 3 weeks but I'm now almost ok. The problem is that my concentration is very bad nowadays and as i couldn't pay a solicitor, i might have overlooked a few things which I wouldn't otherwise. Just being rejected on my interview led to a massive headache which put me to sleep for a whole day.
My original letter just said:
- I, "XXXX" hereby confirm that "ZZZZ" is still needed in his current occupation as Quality Manager with "YYYY" Group and that we will continue to employ him. He’s currently annual salary is £23000.
The new letter says:
- I, "XXXX" hereby confirm that "ZZZZ" is still needed in his current occupation as a Restaurant Manager (SOC code 1223) at "YYYY" Group and that we will continue to employ him. He’s currently annual salary is £23000 based on a 45 hours per week contract.
I have also included a covering letter stating that i have overlooked the requirements for the letter and i was now sending one that had a more accurate link to my actual position.
I'm a restaurant manager, but at the time of my employment, the solicitor in contact with my employer thought it was a good idea to include the word quality in the job title as i had experience with as a Quality control annalist (iso9000) back home. He thought it would help with the process.
The salary for a restaurant manager in the code of practice is 18000.
I'm afraid it is now too late to follow your suggestion from the last paragraph. It does sounds great. I rushed and posted it before my first thread. This concussion doesn't let me think properly.
many thanks again
Posted: Tue Aug 09, 2011 11:08 pm
by almota7
Would anyone know have an idea on the waiting time for my answer??
Posted: Wed Aug 10, 2011 11:01 am
by littlerice
I strongly suspect it'll be weeks rather than days.
At this stage I think you should get a lawyer or immigration advisor to:
1, Sort out your "job title" issues.
2, Enquire or even speed up the process
Do shop around, you want the one that tells you "I'm gonna get on the phone with UKBA now and find out what's going on". Not the one who says "OK pay us £XXX now and we'll see what we can do, you just go home and wait."
Posted: Wed Aug 10, 2011 11:31 am
by mk357
littlerice wrote: Do shop around, you want the one that tells you "I'm gonna get on the phone with UKBA now and find out what's going on". Not the one who says "OK pay us £XXX now and we'll see what we can do, you just go home and wait."
That is really a very good advice.
Posted: Wed Aug 10, 2011 2:52 pm
by almota7
I just want to close this thread as I got a call today from UKBA saying I was granted ILR. That was fast, I've send the special delivery on monday, it arrived there on tuesday and on wednesday I got the call. I'll be happy to share my experience with anyone who needs help. Pls let me know. Thanks to all. Andre
Posted: Wed Aug 10, 2011 5:24 pm
by polar
Congratulations!! ^____^
Posted: Thu Aug 11, 2011 6:00 pm
by littlerice
It just goes to show the UKBA recognize that most WP holders' job title could be different from what's on SOC list, so as long as you pick one that's not too far off, and make sure your salary is higher than that, you should be ok.
Posted: Fri Aug 12, 2011 10:24 am
by vinaya
Congrats!