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Please advice.

I have joined the present company on Fresh Talent scheme in 2006 on permanent contract with 37hrs a week and my fresh talent visa due to expire in Nov2007
Company sponsored me work permit in Oct 2007 and advertised the same role on 40 hrs basis by mistake while making my application even though all company staff work 37 hrs a week basis.Work permit granted on the basis of 40hrs.

I am thinking to apply for ILR early next month, and wondering which one to consider (either 37 or 40hrs/week).

The problem with 40hrs a week, my roles and responsibilities in SOC may just fall below hourly rate given.

Please advice me, any possible options.

Apply under 40hrs/week which is what your WP was granted for. The options you have is to
1 - ask for your employer to increase your salary so you fall above the SOC code (even for this month and the next)
OR
2 - get a soc code with similar responsabilities for which you are above the threshold.

What's your current occupation??

Also, make sure your letter of employment states your current/new salary

t-bag wrote:Apply under 40hrs/week which is what your WP was granted for. The options you have is to
1 - ask for your employer to increase your salary so you fall above the SOC code (even for this month and the next)
OR
2 - get a soc code with similar responsabilities for which you are above the threshold.

What's your current occupation??

Also, make sure your letter of employment states your current/new salary

t-bag is absolutely right.

t-bag wrote:Apply under 40hrs/week which is what your WP was granted for. The options you have is to
1 - ask for your employer to increase your salary so you fall above the SOC code (even for this month and the next)
OR
2 - get a soc code with similar responsabilities for which you are above the threshold.

What's your current occupation??

Also, make sure your letter of employment states your current/new salary

Thank you for the useful advice.

Currently I am working as a Design engineer in Gas utility sector.
I am finding bit hard to get the nearest code..and I heard for work permit holders prior to tier2 PBS implementation (can use up to NQF level 3 in Border line ) could you please shed your opinion on this

Thanks again for the help t-bag, much appreciated

rbd06 wrote:

t-bag wrote:Apply under 40hrs/week which is what your WP was granted for. The options you have is to
1 - ask for your employer to increase your salary so you fall above the SOC code (even for this month and the next)
OR
2 - get a soc code with similar responsabilities for which you are above the threshold.

What's your current occupation??

Also, make sure your letter of employment states your current/new salary

Thank you for the useful advice.

Currently I am working as a Design engineer in Gas utility sector.
I am finding bit hard to get the nearest code..and I heard for work permit holders prior to tier2 PBS implementation (can use up to NQF level 3 in Border line ) could you please shed your opinion on this

Thanks again for the help t-bag, much appreciated

Any suggestions/comments on SOC guys!!!

The rules for ILR for work permit holders are in Immigration Rules 128-135:
http://www.ukba.homeoffice.gov.uk/polic ... les/part5/
and further details are given on pages 38-41 of this document:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

There is no requirement for the job to be at any NQF level but the employer needs to certify that your salary is at least what is given in the tier 2 codes of practice for the job. In this regard it is not so much the job title that matters but what you actually do (and also what occupation was given in your work permit). Isn't your salary sufficient for SOC code 2126 (design & development engineer, min. £28.080 p.a.)?

manci wrote:The rules for ILR for work permit holders are in Immigration Rules 128-135:
http://www.ukba.homeoffice.gov.uk/polic ... les/part5/
and further details are given on pages 38-41 of this document:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

There is no requirement for the job to be at any NQF level but the employer needs to certify that your salary is at least what is given in the tier 2 codes of practice for the job. In this regard it is not so much the job title that matters but what you actually do (and also what occupation was given in your work permit). Isn't your salary sufficient for SOC code 2126 (design & development engineer, min. £28.080 p.a.)?

Hi Manci, thank you for the advice. My roles and responsibilities slightly matches with SOC 2126(under NQF 6) and mostly matches with 3531(Under NQF 4). Unfortunately my salary is less the appropriate pay given in any of 2126. Could I be able to use NQF 4 and request a letter from my employer to certify this.
Please guide me further..

Cheers rbd06

It is not you, but your employer, who is responsible for determining the appropriate SOC code and salary. If they agree that 3531 is appropriate to what you are doing, and are prepared to certify it, that's fine. NQF 4 is not a problem but there should be compatibility with the job/salary stated in your work permit.

manci wrote:It is not you, but your employer, who is responsible for determining the appropriate SOC code and salary. If they agree that 3531 is appropriate to what you are doing, and are prepared to certify it, that's fine. NQF 4 is not a problem but there should be compatibility with the job/salary stated in your work permit.

manci, that means employer could search relevant SOC, no matter NQF 6, 4 Or 3?

Cheers
rbd06

see 3 posts up.