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Revised codes of practice and salary for skilled workers

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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singhilr
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Revised codes of practice and salary for skilled workers

Post by singhilr » Fri Mar 01, 2013 2:55 pm

http://www.homeoffice.gov.uk/publicatio ... iew=Binary
here we go again,new changes coming into effect fom 6th april 2013 and its gonna effect settlement applications as well

wpilr_nov12
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Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Fri Mar 01, 2013 3:20 pm

No real change for previously NQF3 or 4 level (T2/WP) route to ILR...
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

singhilr
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Posts: 89
Joined: Sat Jan 19, 2013 8:29 pm

Post by singhilr » Fri Mar 01, 2013 3:36 pm

The Codes of Practice apply mainly to the Tier 2 (General) and Tier 2 (Intra-Company Transfer)
categories. However, they also apply to some parts of Tier 5, to post-study workers switching
into Tier 1 (Entrepreneur) and to work permit holders applying for settlement
the above is from the statement of intent.

singhilr
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Posts: 89
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Post by singhilr » Fri Mar 01, 2013 3:43 pm

The Government has accepted the MAC’s recommendations that:
• As now, pay thresholds for experienced workers should be set at the 25th percentile (which
allows for regional and industry variation in salaries without over-complicating the system) for
full-time employees in each occupation, using the Annual Survey of Hours and Earnings (ASHE);
• A new, lower pay threshold for new entrant employees should be set at the 10th percentile of
the pay distribution for full-time employees in that occupation;
• New entrants should be subject to the 25th percentile threshold when applying for leave to
remain after three years. (In practice this will mean any extension applications which take the
migrant’s stay in Tier 2 and/or the work permit arrangements beyond three years, including
settlement applications.); and
• For some occupations (such as those in the health and education sectors, part-qualified
architects, and barristers undertaking pupillages) the appropriate rates should use bespoke pay
scales rather than ‘new entrant’ and ‘experienced’ rates. These occupations will not be subject
to the above rules on pay progression

singhilr
Junior Member
Posts: 89
Joined: Sat Jan 19, 2013 8:29 pm

Post by singhilr » Fri Mar 01, 2013 4:02 pm

as per my understanding its gonna apply to tier2 and work pemit holders who apply for settlement after 6th of april

sphinx5
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Post by sphinx5 » Fri Mar 01, 2013 7:32 pm

OMG :-( Im really starting to panic now . I will be applying for ILR post April 2013 but if they have again revised dunno wht I will do. Even If employer changes sal to match new requirements - We have to show that pay for year right ?

singhilr
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Posts: 89
Joined: Sat Jan 19, 2013 8:29 pm

Post by singhilr » Fri Mar 01, 2013 7:44 pm

can any experts advice on this pliz

Kevin24
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Post by Kevin24 » Fri Mar 01, 2013 7:51 pm

The New salariy or Old salary for Tier 2 Experienced workers, that should be mentioned in the Employer's letter for applications after 06/04 . But April Salary slip will only indicate the new salary.Please clarify.

Kevin24
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Post by Kevin24 » Fri Mar 01, 2013 7:57 pm

A suggestion I could make is that Employer letter to mention that salary has been increased to be in line with the New Code Of Practice salary from 06/04. Is that correct??

Kevin24
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Re: Revised codes of practice and salary for skilled workers

Post by Kevin24 » Fri Mar 01, 2013 8:10 pm

singhilr wrote:http://www.homeoffice.gov.uk/publicatio ... iew=Binary
here we go again,new changes coming into effect fom 6th april 2013 and its gonna effect settlement applications as well
Thank You singhilr,for letting us know.

singhilr
Junior Member
Posts: 89
Joined: Sat Jan 19, 2013 8:29 pm

Re: Revised codes of practice and salary for skilled workers

Post by singhilr » Fri Mar 01, 2013 8:15 pm

Kevin24 wrote:
singhilr wrote:http://www.homeoffice.gov.uk/publicatio ... iew=Binary
here we go again,new changes coming into effect fom 6th april 2013 and its gonna effect settlement applications as well
Thank You singhilr,for letting us know.
u r welcome

Kevin24
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Post by Kevin24 » Fri Mar 01, 2013 8:24 pm

Mate! Also there is going to be a savings requirement too after 06/04. Trust you are aware about that too.

singhilr
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Joined: Sat Jan 19, 2013 8:29 pm

Post by singhilr » Fri Mar 01, 2013 8:32 pm

Kevin24 wrote:Mate! Also there is going to be a savings requirement too after 06/04. Trust you are aware about that too.
no i hvnt come across anythin like that...can u elaborate pliz

Kevin24
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Post by Kevin24 » Fri Mar 01, 2013 8:49 pm

I think after 06/04 you need to have a savings of Minm.£900. in your account. I will give you an update tomorrow.

singhilr
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Post by singhilr » Fri Mar 01, 2013 9:24 pm

Kevin24 wrote:I think after 06/04 you need to have a savings of Minm.£900. in your account. I will give you an update tomorrow.
o.k. n if u can provide a link for it

Kevin24
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Post by Kevin24 » Fri Mar 01, 2013 9:43 pm

I read it off the the UKBA web site. May be if you look for ILR applications after 06/04 should be able to find it. I am certain I read it.

Gagan1986
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Post by Gagan1986 » Fri Mar 01, 2013 10:05 pm

Kevin24 wrote:I read it off the the UKBA web site. May be if you look for ILR applications after 06/04 should be able to find it. I am certain I read it.
Interesting, haven't come across this yet.

singhilr
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Posts: 89
Joined: Sat Jan 19, 2013 8:29 pm

Post by singhilr » Fri Mar 01, 2013 11:20 pm

Kevin24 wrote:I read it off the the UKBA web site. May be if you look for ILR applications after 06/04 should be able to find it. I am certain I read it.
Tried lookin for it,couldn't find it.

uksettlement
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Contact:
India

Post by uksettlement » Sat Mar 02, 2013 6:23 am

If a Sponsor assigns a Certificate of Sponsorship before 6th April 2013, the old Codes of Practice, salary thresholds and advertising criteria will continue to apply. This is the case whether or not the individual Tier 2 applicant makes their application before, on or after 6th April.

The new Codes of Practice, salary thresholds and advertising criteria will apply to all applications relying on Certificates of Sponsorship assigned by Sponsors on or after 6th April.....read more

http://www.homeoffice.gov.uk/publicatio ... iew=Binary
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

singhilr
Junior Member
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Post by singhilr » Sat Mar 02, 2013 8:05 am

Anyone on tier 2 or work permit applying for settlement after 6th April will hv to meet the revised appropriate minimum salary of their relevant revised occupational code whether they are exempt from the minimum salary threshold or not.the annual salary is given according to 39 hrs per week which was earlier 37.5 hrs per week. It can be prorated according to the weekly contracted hrs.
In some of the occupations salary is split into new entrants and experienced grades.Anyone extending the stay beyond 3 years n 1 month or applying for settlement will be required to be paid at experienced rate.whereas in some occupations only pay scales will apply n they won't be subject to progression of pay.
This is my conclusion of the statement of intent.will be happy if anyone can correct me.
Thnks

uksettlement
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Location: London
Contact:
India

Post by uksettlement » Sat Mar 02, 2013 8:24 am

singhilr wrote:Anyone on tier 2 or work permit applying for settlement after 6th April will hv to meet the revised appropriate minimum salary of their relevant revised occupational code whether they are exempt from the minimum salary threshold or not.the annual salary is given according to 39 hrs per week which was earlier 37.5 hrs per week. It can be prorated according to the weekly contracted hrs.
In some of the occupations salary is split into new entrants and experienced grades.Anyone extending the stay beyond 3 years n 1 month or applying for settlement will be required to be paid at experienced rate.whereas in some occupations only pay scales will apply n they won't be subject to progression of pay.
This is my conclusion of the statement of intent.will be happy if anyone can correct me.
Thnks
But transitional arrangements might help these cases.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

singhilr
Junior Member
Posts: 89
Joined: Sat Jan 19, 2013 8:29 pm

Post by singhilr » Sat Mar 02, 2013 8:46 am

Transitional arrangements are only regarding cert of sponsorship issued before 6th April which are not used in settlement application.its only that some applicants will be exempt from 20300 salary threshold which ws earlier 20000 and they were exempt then also bt everyone will be required to be paid the minimum salary for their occupational SOC code no matter from when they are on tier 2 or work permit route.so basically transitional arrangements doesn't mean anything for settlement applications.
Thnks

Kevin24
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Post by Kevin24 » Sat Mar 02, 2013 10:24 am

singilr,Thank you for your valuable advices. Why for 39 hours working week I do not know. May be one day no lunch break??

tanvirni
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Post by tanvirni » Sat Mar 02, 2013 11:24 am

Dear singhilr,
Can you please help me to understand this. Does this mean, if any one applying for ILR need to earn 25% more what mentioned in SOC code when they are in same job more than three years.

thanks

singhilr wrote:The Government has accepted the MAC’s recommendations that:
• As now, pay thresholds for experienced workers should be set at the 25th percentile (which
allows for regional and industry variation in salaries without over-complicating the system) for
full-time employees in each occupation, using the Annual Survey of Hours and Earnings (ASHE);
• A new, lower pay threshold for new entrant employees should be set at the 10th percentile of
the pay distribution for full-time employees in that occupation;
• New entrants should be subject to the 25th percentile threshold when applying for leave to
remain after three years. (In practice this will mean any extension applications which take the
migrant’s stay in Tier 2 and/or the work permit arrangements beyond three years, including
settlement applications.); and
• For some occupations (such as those in the health and education sectors, part-qualified
architects, and barristers undertaking pupillages) the appropriate rates should use bespoke pay
scales rather than ‘new entrant’ and ‘experienced’ rates. These occupations will not be subject
to the above rules on pay progression

singhilr
Junior Member
Posts: 89
Joined: Sat Jan 19, 2013 8:29 pm

Post by singhilr » Sat Mar 02, 2013 12:42 pm

tanvirni wrote:Dear singhilr,
Can you please help me to understand this. Does this mean, if any one applying for ILR need to earn 25% more what mentioned in SOC code when they are in same job more than three years.

thanks

singhilr wrote:The Government has accepted the MAC’s recommendations that:
• As now, pay thresholds for experienced workers should be set at the 25th percentile (which
allows for regional and industry variation in salaries without over-complicating the system) for
full-time employees in each occupation, using the Annual Survey of Hours and Earnings (ASHE);
• A new, lower pay threshold for new entrant employees should be set at the 10th percentile of
the pay distribution for full-time employees in that occupation;
• New entrants should be subject to the 25th percentile threshold when applying for leave to
remain after three years. (In practice this will mean any extension applications which take the
migrant’s stay in Tier 2 and/or the work permit arrangements beyond three years, including
settlement applications.); and
• For some occupations (such as those in the health and education sectors, part-qualified
architects, and barristers undertaking pupillages) the appropriate rates should use bespoke pay
scales rather than ‘new entrant’ and ‘experienced’ rates. These occupations will not be subject
to the above rules on pay progression
Only in occupations where they hv split the salary into new entrant and experienced grades ,the later will be required to be paid at the time of ilr which is already been calculated at the rate of 25% more.
Thnks

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