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Potentially helpful case for old work permit holders applying for ILR in particular that the tribunal held that the requirement for salary to meet the minimum as set out in the Code of Practice would not be appropriate in the case of a work permit holder who has never needed a certificate of sponsorship.

Philipson (ILR – not PBS: evidence) India [2012] UKUT 00039(IAC)

i) A decision on an application under rule 134 of the Immigration Rules for indefinite leave to remain is a not a points-based decision to which s.85A of the Nationality, Immigration and Asylum Act 2002 as amended by s.19 of the UK Borders Act 2007 applies.

ii) Post decision evidence of a back-dated wage increase is admissible on appeal to demonstrate compliance with rule 134(iv).

iii) It is doubtful whether rule 134(iv) applies to those who never needed a certificate of sponsorship with a salary level identified in guidance relating to such certificates.

iv) If such a person could not comply with the rules on settlement for reasons of a new salary level, there was a strong claim that leave to remain was required to respect the private life established in the reasonable expectation of settlement if the conditions for settlement applicable on arrival were adhered to, and a relatively weak case for justifying interference with such private life to promote a legitimate public interest recognised by Article 8(2) ECHR.

Good news for old work permit holders.

Hi so what will the HO do to those of us already refused based on this code of practice, any ideas?.

i got rejected on COP criteria. i know some other guys with the same fate. does this mean we have a chance of appeal?

can anyone give any answer please?

Guys mean if there is a judicial review for all old style work permit holders there are good changes considering the recent judgement in our favour.

Has any one placed a Judicial review application yet?

I am planning to go ahead as I am not getting pay rise, does any one know good solicitors basically expert in Judicial review process of immigration matters.

Thanks

Vishal

When were you rejected as mine was rejected this month though waiting for my passport.

Have you got your passport from them? So this decision means the HO should automatically review its policy on that code and recalled all those rejected for review.

Hi

I made application via premium service on 2nd Nov.2011 and received back my passport with rejection on 13th Dec. 2011.

Does it mean with this decision the new application made would be granted settlement and will Home office case worker keep this decision in mind with assessing the application now?

Regards

Vishal

Ask for a reconsideration based on the new case law. If you have a right of appeal, then appeal within the time limit.

Hi

I have already made the reconsideration once on 6th Jan.2012 and received the response from Home Office on 23rd Jan. that this issue is something related to policy introduce on 6th April 2011

They will pass it to Migration Policy team and give me feedback but haven't heard anything yet.

Shall I send them another re-consideration letter

Thanks

Vishal

Does HO received this notification and hence to change that policy on their website?

Dear All,

I would like to draw to attention towards the Immigration Consultant / Solicitors who pretends the law is NOT applicable to old style work permit holder. But, actually that is NOT the case it is applicable to EVERY ONE, in order to make you there client they lie to you as if the law does not exist for old style work permit holder please be careful.


Kind Regards

Vishal

Ferrer (limited appeal grounds; Alvi) Philippines [2012] UKUT 304 (IAC) (01 August 2012).

vinny wrote:Ferrer (limited appeal grounds; Alvi) Philippines [2012] UKUT 304 (IAC) (01 August 2012).

There is somewhere in the code of practice which states 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.": http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Does this mean that if your offer/job is on NQF 6 per the code and you are working in the UK as a work permit holder, your application will be considered at or above NQF level 3 if your original grant of leave was made before 6 April 2011?

Hello,
I have just got a refusal letter today from HO!! They refused me under the COP rules. i am an old work permit holder.
I have got work permit on 18th of june 2008 as a hotel manager and the salary was £19k (45 hours pw).
But under the COP on my position it says, I have to earn £19k (39 hours pw)!!
as i believe HO made this rules on March 2011.
On my last p60 (which i did submit on HO) was £19,700
My question is, why they applying the new rules on me and what should I do now?
I have a right to apeal by 18th of February.
I need all of your advice please. Any referance will be much appreciated.
Thank you

vinny wrote:Ask for a reconsideration based on the new case law. If you have a right of appeal, then appeal within the time limit.

What happens if a Tandoori Chef work permit holder earning 175000 per annum applies for ILR. His salary was recently increased to £21,000. If he is considered under SOc 5434 and instead skilled chef is considered under category of Chef (appropriate salary 15,000) then he qualifies for the ILR. However, if he is considered under category of Skilled chef ( £29,570), his application would fail. Any comments on the situation?

Hi All,
After that, I did the appeal and got the hearing date after 6 months (19.08.14)
but 2 days just before my hearing date got a letter from court saying that, they adjourn the date to 18.12.2014 totally gutted!!!!
OK. I NEED ALL OF YOUR ADVICE PLEASE
HO changed the SOC code again and on my job position it says i have to earn £15,900.00 ( 39 hrs, hourly £7.84) SOC code: 1221
Wheres I am earning £7.91 per hour atm.
My lawyer adviced me to withdraw the appeal and make a fresh application by PEO!!!
now I am debating myself!! shall I or shall I Not !!
PLEASE ANY SUGGESTION or ADVICE WILL BE MUCH APPRECIATED.
Thank you

Here is my story. Hope it will help some one if anyone as same as my situation.
Came in UK March 2005
Been as a student Till 2008
Got Work Permit June 2008 (5 Yrs)
Worked with the same company last 5 years and still with the same company.
ILR applied 19 June 2013 (By Post) (Set O)
Biometric enrolled within 2 weeks after the application made
Ilr application refused on 16 January 2014
Reason: SOC code 1221 (Have to earn 19,000, 39 hrs per week, £9.36 per hour) I have earned £19,000 but my hourly rate was £7.75
Appeal submitted by 18 th of February 2014.
Got the hearing date after 6 months (19.08.14)
But 2 days just before my hearing date got a letter from court saying that, they adjourn the date to 18.12.2014
After the changes SOC codes 6 April 2014 (Have to earn 15,900, 39 hrs per week, £7.84 per hour) my hourly rate is £8.07
Booked an appointment at Croydon (PEO Service) 09.12.2014 @ 1:00 pm
Withdrawn my appeal on 09.12.2014 in the morning by fax
ILR Approved @ 4:45 pm
Documents submitted:
Application Form (set O)
3 Months Payslip,
3 Months Bank Statement,
Passport Photocopy (as they already hold my original passport),
I want to mention one thing here that, my passport was at Sheffield but i made the application at Croydon.
Driving Licence as a Photo ID,
Letter from my Employer,
Life in the Uk Certificate,
English (B1 Certificate),
A Cover Letter mentioned everything from the beginning of my application, and the changes,
Fax confirmation copy about withdrawn my appeal
Thats all and NOW I AM A HAPPY MAN

Hi All,

It will be much helpful if any one can give me direction:

I am very much confused regarding ILR eligibility for my case. As different solicitor has got different point of view.

Can any one clearly explain if I am eligible to apply ILR.
My case details:


First entry in UK: 20-May-2009 (continuity for 2 years) i.e 21-May-2011(went back to India due to parent was ill). Visa expire 10-June-2011.
New Visa applied 11-Dec-2011 till date I am UK.

First Visa & second Visa sponsor is same client. both cases it was ICT-general visa

Regards
Subh

There is no visa called ICT general I think. Either it would be Tier 2 ICT or Tier 2 General.

Hi,

You are right its Tier 2 ICT

Regards
Subhasish

subh1412 wrote:First entry in UK: 20-May-2009 (continuity for 2 years) i.e 21-May-2011(went back to India due to parent was ill). Visa expire 10-June-2011.
New Visa applied 11-Dec-2011 till date I am UK.
First Visa & second Visa sponsor is same client. both cases it was ICT-general visa.

subh1412 wrote:You are right its Tier 2 ICT

The rules for T2-ICT changed in April 2010. Therefore as per my understanding of the rules I believe you will now most probably not be eligible for ILR; this is due to the break you had in 2011 which thereby resulted in a new entry clearance application in December 2011. Meaning your ICT EC would then have been granted according to the rules in place after 6th April 2010. But you may want to wait for others to confirm.

Immigration rules - 245GF https://www.gov.uk/government/uploads/s ... _final.pdf

Thanks for reply,

I could not come back on same visa due to medical ground, so is there way to apply ILR based on medical document

Regards
Subhasish