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Hi friends- I am a work permit holder and my work permit was issued in May 2006. I am due for ILR and I am bit worried about these news changes regarding the codes of practice.

My lawyer says that this doesn`t apply to me as I am on old work permit, but from the Set(O) under the point 10B in page number 33 It clearly says "A document from the employer named in your current work permit confirming that you are:
- still required for the employment in question, and
- being paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors. (See note 9 on page 37 of this form)"

If this rule applies to me then I got couple of queries if someone could help me please.

1. My job title is not listed in the codes of practice.
2. If I choose one title near to my roles but with different job title will I be breaking the rule" any changes in job need to be informed to home office".
3. If the current salary doesn`t match with the salary in codes of practise for the past months can a pay rise from May can solve this problem. My employer is willing to give me pay rise from May to match the codes of practice, but I will be aplying for ILR before I get this new pay. So can a letter from my employer stating the new pay rise is enough.

I would be thankful to everyone who can shares there experiences and suggestions. If anyone got or applied ILR after 6th April 2011 on old work permits please help me.

Many thanks.

bolt756 wrote:Hi friends- I am a work permit holder and my work permit was issued in May 2006. I am due for ILR and I am bit worried about these news changes regarding the codes of practice.

My lawyer says that this doesn`t apply to me as I am on old work permit, but from the Set(O) under the point 10B in page number 33 It clearly says "A document from the employer named in your current work permit confirming that you are:
- still required for the employment in question, and
- being paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors. (See note 9 on page 37 of this form)"

If this rule applies to me then I got couple of queries if someone could help me please.

1. My job title is not listed in the codes of practice.
2. If I choose one title near to my roles but with different job title will I be breaking the rule" any changes in job need to be informed to home office".
3. If the current salary doesn`t match with the salary in codes of practise for the past months can a pay rise from May can solve this problem. My employer is willing to give me pay rise from May to match the codes of practice, but I will be aplying for ILR before I get this new pay. So can a letter from my employer stating the new pay rise is enough.

I would be thankful to everyone who can shares there experiences and suggestions. If anyone got or applied ILR after 6th April 2011 on old work permits please help me.

Many thanks.

I am having the same issue and although my employer is willing to provide a letter the exact requirements are unclear. Please someone advise?

Also if this rule doesnt apply to old work permit holders (i.e not retrospective) then pls provide evidence on this.

I dont understand why uk frequently makes deliberate changes to immigration rules with retrospective elements into it?

bolt756 wrote:
1. My job title is not listed in the codes of practice.
2. If I choose one title near to my roles but with different job title will I be breaking the rule" any changes in job need to be informed to home office".


Many thanks.

I was exactly in the same situation and to be honest no one know the answer to the above question(job title not in COP). I rang UKBA numerous times and got different answers. The latest consistant answers were 'The Employer has to ring the Tier 2 help line and they would advise the Employer what to do'

I don't know on what basis they took the decision in my case, but one thing I understood from my experience is, if your job title is in the COP and you are under paid the ILR will be refused.

bolt756 wrote:Hi friends- I am a work permit holder and my work permit was issued in May 2006. I am due for ILR and I am bit worried about these news changes regarding the codes of practice.

My lawyer says that this doesn`t apply to me as I am on old work permit, but from the Set(O) under the point 10B in page number 33 It clearly says "A document from the employer named in your current work permit confirming that you are:
- still required for the employment in question, and
- being paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors. (See note 9 on page 37 of this form)"

If this rule applies to me then I got couple of queries if someone could help me please.

1. My job title is not listed in the codes of practice.
2. If I choose one title near to my roles but with different job title will I be breaking the rule" any changes in job need to be informed to home office".
3. If the current salary doesn`t match with the salary in codes of practise for the past months can a pay rise from May can solve this problem. My employer is willing to give me pay rise from May to match the codes of practice, but I will be aplying for ILR before I get this new pay. So can a letter from my employer stating the new pay rise is enough.

I would be thankful to everyone who can shares there experiences and suggestions. If anyone got or applied ILR after 6th April 2011 on old work permits please help me.

Many thanks.

1, the rule apply to all WP holders, no doubt about it, if your job title is not in COP, find one on the COP whose job discription is the most similar.

2, As long as you are still doing what you were doing at the beginning of your WP, you are fine, the current COP list obviously is different from the job list Work Permit UK used some years ago.

3, this would be a tricky one, in theory it should be fine as long as you have employee's letter, but without an actual payslip with the raised wage on it, I can't say what that'll do to your application, I haven't heard from anyone with similar situation, better find a good lawyer.

Guys - anyone with old work permit due for ilr.. i wish to share my success story of ilr (5 years work permit same employer) very recently in may. PEO CROYDON

As normal, i was very tensed after seeing the new rules in place with the codes of practice. ... VERY CONFUSING INDEED..

I chose a code which was near similar to mine and had the employers letter on that basis. I want to make you aware that they are taking the soc code and employers letter very very seriously and everything secondary. They asked my last years salary and entered into the system. I have a feeling that the rate of pay per hour gets automatically calculated on the basis of 37.5 hours. Caseworkers do not check the SOC codes and salary manually (I sat in front of the case worker non-stop and watched her processing my file). In short choose a near code that matches your designation (I also have a feeling that they do not check designations with the work permit very closely, and neither the salary at the begining). What matters is what you are getting now (I was asked to give the exact figure for last years salary and at that time; they checked my P60 and not the recent payslip) and how much it matches with the SOC Code.

It was a nerve racking experience and took 8 hours.. and wish you have a kind case worker. If you require any clarifications, please let me know.

ALL THE BEST

Hello Friends,

Sorry to be a bit late first, I got my ILR including wife and 3-kids on 15SEP11. I was on ''Old Work Permit MAR2006'' and then change employment in NOV2007. If someone is struggling to figure out for documentation/information then just write here briefly and I'll reply in detail.

Regards,
Kabir

rajivmehta wrote:Guys - anyone with old work permit due for ilr.. i wish to share my success story of ilr (5 years work permit same employer) very recently in may. PEO CROYDON

As normal, i was very tensed after seeing the new rules in place with the codes of practice. ... VERY CONFUSING INDEED..

I chose a code which was near similar to mine and had the employers letter on that basis. I want to make you aware that they are taking the soc code and employers letter very very seriously and everything secondary. They asked my last years salary and entered into the system. I have a feeling that the rate of pay per hour gets automatically calculated on the basis of 37.5 hours. Caseworkers do not check the SOC codes and salary manually (I sat in front of the case worker non-stop and watched her processing my file). In short choose a near code that matches your designation (I also have a feeling that they do not check designations with the work permit very closely, and neither the salary at the begining). What matters is what you are getting now (I was asked to give the exact figure for last years salary and at that time; they checked my P60 and not the recent payslip) and how much it matches with the SOC Code.

It was a nerve racking experience and took 8 hours.. and wish you have a kind case worker. If you require any clarifications, please let me know.

ALL THE BEST

Kabir0212 wrote:Hello Friends,

Sorry to be a bit late first, I got my ILR including wife and 3-kids on 15SEP11. I was on ''Old Work Permit MAR2006'' and then change employment in NOV2007. If someone is struggling to figure out for documentation/information then just write here briefly and I'll reply in detail.

Regards,
Kabir

rajivmehta wrote:Guys - anyone with old work permit due for ilr.. i wish to share my success story of ilr (5 years work permit same employer) very recently in may. PEO CROYDON

As normal, i was very tensed after seeing the new rules in place with the codes of practice. ... VERY CONFUSING INDEED..

I chose a code which was near similar to mine and had the employers letter on that basis. I want to make you aware that they are taking the soc code and employers letter very very seriously and everything secondary. They asked my last years salary and entered into the system. I have a feeling that the rate of pay per hour gets automatically calculated on the basis of 37.5 hours. Caseworkers do not check the SOC codes and salary manually (I sat in front of the case worker non-stop and watched her processing my file). In short choose a near code that matches your designation (I also have a feeling that they do not check designations with the work permit very closely, and neither the salary at the begining). What matters is what you are getting now (I was asked to give the exact figure for last years salary and at that time; they checked my P60 and not the recent payslip) and how much it matches with the SOC Code.

It was a nerve racking experience and took 8 hours.. and wish you have a kind case worker. If you require any clarifications, please let me know.

ALL THE BEST

what short of document did you submitted at PEO ? can you provide the list please.