Is new Tier 2 Code of practice 2012 applies on old applicant

[Ivan321]

I had a work permit 2007 (Tier 2) and I'll apply for ILR in July 2012. I am a Head chef with my initial offer of 13.400 K and working with my employer from 4 years 10 mounth. I looked new code of practice is announced and in my category I should get minimum 18-19 K salary. Its new SOC July 2012 wiil apply on old applicants ( work permit holders)??? When I will go for ILR interview in July 2012 do I have to show my latest code of practice salary 18-19 K ??? Tell me will be denied or not to get ILR???

Please advice...

[manci]

Have look at this link:
http://www.freemovement.org.uk/2012/02/ ... t-holders/
However the current Immigration Rules applicable to migrants in work permit employment still are:
134
iv) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency

[Ivan321]

Have look at this link:
http://www.freemovement.org.uk/2012/02/ ... t-holders/
However the current Immigration Rules applicable to migrants in work permit employment still are:
134
iv) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency

We will not apply the new requirements described
above to migrants already in the UK with leave
granted under Tier 1 or Tier 2 before 6 April 2011.
We will consider applications for entry clearance or
for leave to remain under Tier 1 and Tier 2 made
on or after 6 April 2011 in accordance with the
new Rules in force after that date. This means that
if a migrant applies for entry clearance or leave to
remain under Tier 2 on or after the 6 April 2011, we
will consider their application under the new rules,
even if they hold a CoS issued before 6 April.

.

http://www.ukba.homeoffice.gov.uk/si...es?view=Binary

[geriatrix]

Have look at this link:
http://www.freemovement.org.uk/2012/02/ ... t-holders/
However the current Immigration Rules applicable to migrants in work permit employment still are:
134
iv) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency

Read clause 4. and 5. of the judgement ... which differentiates that case from OP's circumstances.

If the OP wishes to apply for ILR, he should refer to the case law and if refused be prepared to appeal. Consider consulting a competent solicitor.

[Ivan321]

[quote="sushdmehta"][quote="manci"]Have look at this link:
http://www.freemovement.org.uk/2012/02/ ... t-holders/
However the current Immigration Rules applicable to migrants in work permit employment still are:
[i]134
iv) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency[/i][/quote]Read clause 4. and 5. of the judgement ... which differentiates that case from OP's circumstances.

If the OP wishes to apply for ILR, he should refer to the case law and if refused be prepared to appeal. Consider consulting a competent solicitor.[/quote]


I need to know it will be a challenge to get ILR????????? or I would be refused because of this issue?

[geriatrix]

Read 134(iv) ... which applies to all WP holder(s).

If you meet the requirements, ILR will be granted.
If not, then application will be refused. If given the option, you may then consider appealing the decision and try and prove why the decision (refusal) was unlawful. If appeal is allowed, you will be granted settlement.

If you need more specific / direct answers to your questions (yes / no), consult a competent solicitor.

[manci]

Have a look at this link:
http://www.immigrationbarrister.co.uk/B ... 9-iac.html
and note:
"The easiest way for a work permit holder to succeed in an application for indefinite leave to remain will still be to negotiate a pay rise with their employer so that they are being paid at the 'appropriate rate' at least in the last pay period before they apply. However, if this is not possible then there is a strong legal case that can be advanced to the Home Office, and to the Tribunal on appeal if necessary, that to refuse the application would be unlawful for the reasons suggested in Philipson"
Note also that premium (personal) application at PEOs are only for straightforward cases and if you cannot comply with Immigration Rule 134(iv) then it would be best to make a postal application.