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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2042
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, I know I ask this question a bit early because the rules

Resolved Question:

Hi, I know I ask this question a bit early because the rules have just been changed for a few days. I will be applying for a settlement visa under work permit route at the end of June. The new codes issued on 6 April have been quite confusing, especially for my category: chartered accountant. Under the old SOC2000, the minumum threshold for my job: a chartered accountant with post 2 year experience was £33,000. I was just under the threshold a bit and my boss agreed to raise the salary to match the threshold. Under this new SOC2010, the minimum for experience worker is only £23,600. So I don't need to have my salary increased anymore. However I am very worried that the Home Office will still look at the salary in more details. Would you have any advice in this matter? And do you have any relevant documents that can convince him that as a post 2-year qualified accountant, I have to be paid at such salary so that my visa can be granted? As my boss said that he was not convinced that he needed to raise may salary to £33,000 anymore. I don't worry about getting more money, I just want to make sure that my visa is granted. Many thanks.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Thank you for your follow up question, I will revert back to you with an answer shortly.

Kind regards
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your question.

In respect of what you should be paid, that is totally dependent on your employer, but in respect of the visa what your employer must do is view it is a different light.

What you need to inform your employer is that according to the old SOC code, the code on which your visa was granted prior to it being amended last week, you had to meet a certain threshold , that threshold still applies to your visa because you were granted employment in respect the old rules and not the new ones, therefore you must adhere to those rules until either your visa expires or you are granted settlement.

If your employer was to change your salary to match that which is not stated then because your visa was not granted on the new SOC code your application for settlement will not be successful. You must meet the requirements of your visa which was granted on the basis of you being employer for a particular job at a particular salary if either changes it can effect your visa application.

You may wish to see page 13 of the following link:

http://webarchive.nationalarchives.gov.uk/20130221224600/http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/june2012-cop/section-k.pdf?view=Binary

It clearly shows that experience accounts need to be paid at least £33,000.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Tks for the reply. The problem is when my 5-year work permit visa was granted in 2008, the codes of practice did not even exist and there was no minimum salary requirement. So at that time, I was offered a fair salary.


 


The code of practice was introduced in 2009 so do you think that it's still relevant to use the information on the link that you provided?

Many thanks.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Was you work permit issued for 5 years?
Have you moved jobs since?

Kind regards
Customer: replied 1 year ago.

Yes, it was a 5-year work permit and I stayed in the same job since.


 


Also on the UKBA website, under settlement section, it says: "If you are considering applying for settlement in the future, please note that the Immigration Rules are subject to change. You must meet all the requirements of the Immigration Rules at the time when you make your application." That means that you can follow the rules from 6th April. However, I am very concerned about the salary requirements. Should it be at least £33,000 or more in my case? Thanks.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

In your case you would need to earn 75 points in Appendix A table 2 please see the following link :

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendixa/

As you were granted leave to remain prior to July 2010 you would need the earn the 75 points given for age, salary, uk experience and qualification . The work permit did eventually chance to a tier general visa and therefore you must meet the requirements of table 2 and earn the required points.

You have not been granted permission to remain in the uk as a tier2 migrant and were never granted a certificate of sponsorship there those rules are not applicable in your case.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Thanks, XXXXX XXXXX don't think those 75 points apply to my case as they are for Tier 1 (Exceptional Talent).


 


I have been working continuously for 5 years under a 5-year work permit visa, therefore I am eligible to apply for a settlement visa using form SET(O).


 


As stated in the code of practice:


"This document is aimed at employers who are looking to sponsor a migrant through the Points-Based System. It mainly applies to Tier 2 (General) and Tier 2 (Intra-Company Transfer) categories. However, it
also applies to some parts of Tier 5, to post-study workers switching to Tier 1 (Entrepreneur) and to work permit holders applying for settlement."


 


What I was wondering is my salary requirement.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

I was referring to take 2 which refers to migrants being granted leave to remain before 2010. However, if you wish to apply using the code of practice and under the tier2 requirements, then at the time of application for indefinite leave to remain you must be being paid the required salary at the time of application, so you should see the following link :

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/general/settlement/

Go through the points based calculator and see if you meet the requirements of indefinite leave to remain. This would be your best indicator.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Thanks, XXXXX XXXXX we're getting to nowhere now because both tier 1 & tier 2 are not relevant to me. Points system does not apply to me, I'm afraid.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Yes that is why I said that you need to use the tier 1 general requirements as I mentioned in table 2 of the appendix, this is because tier 1 was what previously work permit. Tier 1 general is now no longer available but the requirements that are most relevant to you would be under appendix A table 2.

Should you not wish to take this advice I will be happy to opt out of the question. Please see following link :

http://www.google.co.uk/url?sa=t&rct=j&q=tier+1+indefinite+leave+to+remain+ukba+guidanc e&source=web&cd=4&ved=0CEgQFjAD&url=http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idichapter6a/section1.pdf?view=Binary&ei=dAtnUczFFMSU0QWezYCgDg&usg=AFQjCNEfB8Xsu9jMFTBI0ygUhlAPU1yYqg&bvm=bv.45107431,d.d2k


I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards

UK_Lawyer, Solicitor
Satisfied Customers: 2042
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Apology for the late rating. Thanks for your time to find the solution for me; however I don't think any of that relevant to my case.

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