WP 5 years, ILR due in July

[tanvirni]

Hi

The technical changes wont affect you at all as it's for those people who got their WP on or after the 6th April 2011 as it also says clearly on the technical changes updates form on the UKBA website. So I think you're ok with that.

Hi Smam,
Can you please send me the URL of UKBA where it says this.

I am on old WP for 5 year with same employer and had two pay rises that not been informed to UKBA by my employer.

We had a recent visit from UKBA about Tier2 sponsorship. They auditor mentioned employer has to inform this pay rises.

Thanks
tanvirni

Hi

Pay rises never ever comes under any technical changes. and I was trying to read the application form for the notification of techincal changes form from the UKBA website it says clearly on the first page that the technical changes doesn't apply to those who got their Tier 2 and WP before 6th April 2011.

Well yes recent visit means that your employer wants to sponsor a non EU employee so they've mentioned to your employer just to make it clear that now your employer has to notify any changes for that employee not for your self if you got your WP before 6th April 2011.

Hope this will answer your question.

Hi Smam,
Thanks for your reply.
Is it this FORM you refereed to.
Does this "This form should be used for applications made on or after 6 April 2011" meant by the actual version of the forms?

UKBA auditor mentioned about my salary increased.

Thanks
tanvirni

[Smam]

Hi

Yes exactly that was the form I was talking about in my post and

Does this "This form should be used for applications made on or after 6 April 2011" meant by the actual version of the forms?

According to the explanation I got from my employer and from the UKBA even the guy from the UKBA contact centre was quite rude to me when I asked the same question what you've asked and he said that in plain english this means that the form is only applicable to those applicant who have got their WP or Tier 2 Visa on or After the 6th April 2011 it has got nothing to do with the old or the new version of the form.

The form clearly says it self that who it is for and who should use this form. So asking any further questions means that we are dumb enough not to understand the basic plain english.

UKBA auditor must have said the this thing to you regarding the new applicants not the old applicants mate. I think I've mentioned this to you already in my previous post.

Hope this will clarify the situation a bit more to you.

Good luck for your ILR.

[tvj]

Hello Smam,

I feel there is a mis understanding here. If you see the SET O form it has 'This form is valid only for applications made on or after 9 July 2012'. This means for all applications made after 09th July they need to use this form.

The same applies for the technical change. Any normal annual pay increase does not require a technical change. But if there is a large variation then I believe it requires a technical change.

Regards

Jay

[Smam]

Hi

Thanks for your kind correction to my post.

The same applies for the technical change. Any normal annual pay increase does not require a technical change. But if there is a large variation then I believe it requires a technical change

Will you please kindly ellaborate the term large variation. I got a pay rise of £10 K but I've worked my socks off for the last 4 years and 5 months as a donkey with out having a single penny increased and the pay increased I got is the Client Renumeration Bonus which you'll get in my company after providing the services to the Client for 4 years and then you'll accrue this bonus amount and after the 4th year you'll get an increase in your salary which will be evenly distributed for the whole year and after that if you cant retain the client you'll stay on the same salary but what about the last 4 years of mine. So the moral of the story is that no matter how large the variation is in your salary its never ever be counted as a technical change by no means what so ever.

Well it clearly says on the form that it should only be used for applicants who got their WP on or after the 6th April 2011. Where as the Set(o) form is the same but comes with new versions and its a standard form. The techincal changes rule applies to the new applicants not the old applicants any rules that comes in to force will be applicable for new applicants not the old applicants. That's what the HO did tried to do and they ended up loosing the case for HSMP applicants and then HSMP JR came in to being.

Hope this will answer your question.

Good luck for your ILR.

[tvj]

Hello Smam,

I understand your point and agree the rationale behind your thoughts. But in terms of the actual rules I still disagree with your views. I am a WP holder from 2007 and my company had to submit a technical change due to office address change etc and this form was used.

The Technical change form rules seems to be very clearly laid out

http://www.ukba.homeoffice.gov.uk/sitec ... employment


2 Points specifically to be noted

You do not need to tell us about
'Salary increases as a result of annual increments or other annual pay
awards paid to most staff.'

Examples of changes we will not accept as a technical change 'The permit holder’s salary has risen significantly; that is above normal annual increments or pay awards applied to all, or most, staff.'

But while applying for ILR, I feel that the case worker is not going to get into these kinds of issues, since the salary is increasing only.

Regards

Jay

[tanvirni]

Hi

Thanks for your kind correction to my post.

The same applies for the technical change. Any normal annual pay increase does not require a technical change. But if there is a large variation then I believe it requires a technical change

Will you please kindly ellaborate the term large variation. I got a pay rise of £10 K but I've worked my socks off for the last 4 years and 5 months as a donkey with out having a single penny increased and the pay increased I got is the Client Renumeration Bonus which you'll get in my company after providing the services to the Client for 4 years and then you'll accrue this bonus amount and after the 4th year you'll get an increase in your salary which will be evenly distributed for the whole year and after that if you cant retain the client you'll stay on the same salary but what about the last 4 years of mine. So the moral of the story is that no matter how large the variation is in your salary its never ever be counted as a technical change by no means what so ever.

Well it clearly says on the form that it should only be used for applicants who got their WP on or after the 6th April 2011. Where as the Set(o) form is the same but comes with new versions and its a standard form. The techincal changes rule applies to the new applicants not the old applicants any rules that comes in to force will be applicable for new applicants not the old applicants. That's what the HO did tried to do and they ended up loosing the case for HSMP applicants and then HSMP JR came in to being.

Hope this will answer your question.

Good luck for your ILR.

Dear Smam,

Congratulations for your ILR.

Hope other WP holders (like me)pay rise will not cause any issues for ILR application.

regards