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ILR through old Work Permit category
Posted: Tue Apr 26, 2011 9:27 pm
by stealth
Hi All
I will be eligible to apply in May 2011 for ILR. I have been in work permit (old system) for the last 5 years and its valid until 2013.
However I have some queries on the new regulations.
http://www.ukba.homeoffice.gov.uk/polic ... les/part5/
Firstly on the Section 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"
Why should my employer now certify? Does this apply retrospective to old work permit holders too?
Secondly on Section 134(vi)
"he does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders act 1974"
My dependent(spouse) has speeding ticket 'SP50-Exceeding motorway speed limits' and its endorsed in her license with 3 points (Fixed Penalty Notice). I understand from Page 3 of the guidance that FPN is disregarded by home office?
Do I need to mention this in the application then?
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
I expect only valid and credible response as I don't want to take risk on any of the above.
Thanks
Re: ILR through old Work Permit category
Posted: Wed Apr 27, 2011 10:57 am
by dimsav
1. Your employer is now required to certify this by law, as so say the current rules and, unfortunately, this change has been again introduced retrospectively for all migrants, including old WP holders (and excluding only those covered by HSMP JR).
2. SET(O) form does ask in 7.1 the details about both you and your dependant. So, I think that you should give them there but don't forget to mention that it was a FPN (formally, it might still be not spent but this is disregarded for ILR purpose).
Re: ILR through old Work Permit category
Posted: Thu Apr 28, 2011 6:13 pm
by stealth
dimsav wrote:1. Your employer is now required to certify this by law, as so say the current rules and, unfortunately, this change has been again introduced retrospectively for all migrants, including old WP holders (and excluding only those covered by HSMP JR).
2. SET(O) form does ask in 7.1 the details about both you and your dependant. So, I think that you should give them there but don't forget to mention that it was a FPN (formally, it might still be not spent but this is disregarded for ILR purpose).
thanks for the response.
My employer has provided me with a letter of employment stating
"my dates of work with them, current title, all leave taken comply with only the leave allowance, current salary. It also recommends that they dont see why I shouldnt be given ILR".
However as the guidance Section 134 (iv) says
" 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 contacted the employer to provide something on the above, but they advise that the original letter provided will be fine and no need to amend to say explicitly on the section 134 (iv).
Is this ok? or should I stress for a revised letter.
Re: ILR through old Work Permit category
Posted: Thu Apr 28, 2011 9:33 pm
by dimsav
stealth wrote:...
I contacted the employer to provide something on the above, but they advise that the original letter provided will be fine and no need to amend to say explicitly on the section 134 (iv).
Is this ok? or should I stress for a revised letter.
I would strongly suggest you to push your employer for a revised letter, with explicit mentioning rule 134(iv). You may try to show/quote them the HO case worker guidance, with the example of how to formulate an ILR refusal, if the employer letter doesn't comply with the above rule.
Re: ILR through old Work Permit category
Posted: Fri Apr 29, 2011 2:33 am
by stealth
dimsav wrote:stealth wrote:...
I contacted the employer to provide something on the above, but they advise that the original letter provided will be fine and no need to amend to say explicitly on the section 134 (iv).
Is this ok? or should I stress for a revised letter.
I would strongly suggest you to push your employer for a revised letter, with explicit mentioning rule 134(iv). You may try to show/quote them the HO case worker guidance, with the example of how to formulate an ILR refusal, if the employer letter doesn't comply with the above rule.
Please could someone tell me where I can find the current version of this case worker guidance? so I could request my employer for a revised letter.
Also am I within the right to request my employer to provide me with an employment letter incorporating the Section 134 (iv) requirements of home office OR is it within my employers discretion to refuse for whatever reason? I am only asking so I can push them to provide as requested by the home office.
Thanks a lot.
Posted: Fri Apr 29, 2011 10:46 am
by geriatrix
stealth wrote:Please could someone tell me where I can find the current version of this case worker guidance? so I could request my employer for a revised letter.
Indefinite leave to remain in closed categories