ILR appointment next week and Work permit confusion

[mkashifanwar]

Hi All

I've my appointment next week at Croydon , I am currently on TIER 1 G, and was previoulsy in work permit (first 2 years).

In April 2009 (while I was on WP) my employer gives me promotion with small salary increment and change in job title .
And I switched on to Tier 1 G in May 2009 with the same salary information (and updated job title) - no questions were asked at that time by PEO .

I am just wondering would it cause any problem when I will apply for ILR next week , where case worker might ask anything on this ?

Any responses will be much appreciated.

Regards,
Kashif

[legalalien]

Hi Mkashifanwar,
I am in the same situation, I think technically your employer should have either applied for a new permit or technical change depending on the circumstances.
Can you tell me whether your new job title is within the same code of practice as the old one, and whether they were both job of shortage? If so then I dont think it will be a problem.

For me, I changed jobs but both are within same code, and both were job of shortage (but still I think the employer should have notified workpermit uk). But looking at current rules from tier 2 guidance:

189. You must make a change of employment application if you wish to change employer.
190. You must also make a change of employment application if you are remaining with the
same employer but:
• there is a change to your core duties which means you change jobs to a different
Standard Occupational Classification (SOC) code; or
• you are remaining with the same sponsor but there is a change to your core
duties which means you change jobs from a job which is currently on the shortage
occupation list to a job which is not on the shortage occupation list; or
• your pay reduces from the level indicated on your current Certificate of Sponsorship
or current work permit, other than changes due to company-wide reductions defined
as acceptable in the Sponsor Guidance, or reductions due to maternity or adoption
leave.
191. A change of employment application is not required for other changes to your job. For example if you are remaining with the same employer and change jobs to a different job within the same SOC code, your pay increases, or you are moving under TUPE arrangements due to takeover, merger, or de-merger

There is one or two cases in this forum with similar issue (salary raise/change of title in the past) but that did not cause a problem for their application.

Please keep me informed about your progress, I am applying in May.

Sorry for the essay!

[legalalien]

this case was successul in the end
http://www.immigrationboards.com/viewto ... ht=#518572
did you manage to get p60s or employer letter for wp period? did it mention anything about job change?

[Smam]

Hi

I am on a WP here and I'll apply for my ILR in arround Aug 2012 time. I got my WP and I was appointed as a Finance Assistant but later on I got promoted to Assistant Financial Controler in my company. I dont really think so that I have to apply for any change of employement cause I am still in the same SOC code to the best of my knowledge. My SOC code is 3537 in Section K of the SOC code which is for Financial and Accounting Technicians. That's the only SOC code I've found near to my job description please correct me if I am wrong.

Many thanks and waiting for your reply.

To the best of my knowledge that's just no bodys business if you get a pay rise or a bonus in your job and no has got any right to ask that why all of a sudden you got that pay rise or a bonus in your company I've never ever heard that the CW ask these questions from any applicant cause I believe that, this is no body business If I get a promotion or a pay rise or a big bonus after shedding my blood in the same company for bloody 5 odd years.

[vinaya]

Guys, There is nothing to worry about, From my point of view the CW's are only interested if you qualify for ILR based on present circumstances. No CW will go digging in your past WP details without a solid reason.

I was on WP for five years and got ILR in Feb, My salary increased around 10-15K mark in last 10 months. I did not inform the home office, but at the time I applied for ILR the CW was more interested to see if I earning more than what is required of my SOC code and this figure was again over 10-15K. No issues at all and no questions asked.



All the best.

[mkashifanwar]

Thanks Guys

I think so it should not be of any concern - I do have all P60 / P45 and WP letter . Emplyer has also issued me a letter confirming I was working with them - but I am not going to submit that letter unless asked.

Also SOC code etc should not apply of us as we were on OLD WP and now in Tier 1 G.

This is all I have and this is what I will be submitting.

Keep you update with the outcome next week - but if you have any suggestions to make abt anything please do so.

Regards,