Advice from Seniors or Moderators regarding Band 5 to 6

[mansawant]

Hi,

My wife is a work permit holder (Band 5 ICU Staff Nurse) working for NHS. Her work permit is valid until July 2011 and she is going to complete 5 years on work permit in September 09. She is working as a ICU Nurse for last 2 years and 9 months and ICU nurse category is still in the shortage occupation list.
She recently completed her critical care course which is normally a requirement for the Band 6 ICU staff nurse post. She was told that now she is eligible to apply for Band 6 Staff nurse post. If she changes the Band (Band 5 to 6) I suppose she needs to apply for fresh work permit (now from 27th NOV Tier 2).
Are there any rules stating that if you have enough experience and required qualification the employer can give you promotion to Band 6 considering your experience and qualification or the only option is to apply for new work permit (Tier 2).
I really appreciate any advice or more information on this.

Thanks & Regards,
Mansawant

[Frontier Mole]

As long as the promotion is within the same NHS trust she would not have to do anything. Her WP is for an ICU Nurse, she would still be an ICU Nurse but at a higher grade & earning more money

All the NHS Trust would have to do is tell UKBA that she is on a higher salary. That is not a problem. Many employers don't even bother with that requirement.

If she was to move away from her current employer then the Tier 2 system would have to be met.

Hope that helps.

[mansawant]

Hi Frontier Mole,

Thanks for the reply. My wife is going to apply for ILR in August this year (if there are no more changes in the rules) that time she won't find any problem showing her salary which she will receive more being a Band 6 staff nurse. On the work permit Band 5 salary is mentioned.

Thanks and Regard,
Mansawant

[Frontier Mole]

As long as she is with the same employer doing broadly the same job description in the same field as employed under the WP there is nothing to worry about.