First of all let me make it clear that I am not a legal professional and not giving you professional advice. To cut the long story short, if you have been refused on not meeting wages of Tier2 code of practice, then there is no reason that a fresh application will get any other results. Judicial review from a very good expert immigration lawyer seems to be the only way forward for you and others who are facing the same problem.

Dear Sir,

I would advise you to apply afresh to preserve your immigration status for the time of consideration despite the outcome.

If you get the right of appeal, you should exercise it, if no, request for an administrative/statutory review.

For judicial review all statutory remedies must be exhausted, it is a complex process and should not be prepared in a rush. I am not familiar with recent case law on points based system but we have one consultant dealing with such cases.

Should you need professional assistance or advice at any stage of the process, please do not hesitate to contact us.

Immigration and Legal Advisory Services ILAS (LLP) is an immigration firm based in London offering services such as legal advice and representations to UKBA and Tribunals.

We can assist with entry to the UK, extension of stay, permanent residency, regularization of stay and citizenship. We also have an extensive experience in removal and deportation cases and can request for administrative review/reconsideration of decisions, appeals, process applications outside of the rules based on compassionate ground and offer assistance to those in detention.
Our devoted and fully qualified team of in-house lawyers and ex immigration officers, experienced caseworkers and advocates caters for corporate and private immigration applicants and appellants both in the United Kingdom and worldwide.
Please visit our website at www.ilas.org.uk for detailed information about our services.
You may also ring us on (44) (0) 208 539 6611 or alternatively email us on info@ilas.org.uk or ilas@btconnect.com.
Kind regards,
Sylwia Wawrzynczak
On behalf of ILAS (LLP)

Immigration and Legal Advisory Services
Nelson House
341 Lea Bridge Road
London
E10 7LA

Dear Madam,

Thanks very much for the advice. There is one recent case law were appeal is been granted at upper tribunal. Please refer below link,

http://www.bailii.org/uk/cases/UKUT/IAC/2012/00039_ukut_iac_2012_msp_india.html

Hence, I believe there is strong case in Judicial review process requesting transitional arrangement for old style work permit holder.

Will be able to handle my case of Judicial review if I decide to go ahead.

Thanks

Vishal

Thank you very much.
Good luck
Keep us posted.

Sylwia

Do you know any expert immigration lawyer who have extensive experience in Judicial Review process as this part of law is fairly complex and take much time to get the result.

Hence, selecting right person is more important.

Thanks

Vishal

maliklaw.com

They have won some major judicial review cases.

Do you know any one else from Malik Law. As they really messed up the case for some one I knew were closely.

Let me know if you have some one else in your mind.

Thanks

Vishal

Dear All,

I would like your serious help as early as possible; I am Old work permit holders issued in November 2006 – November 2011 (First Employer) and again March 2007 – March 2012.

Hence, which make me eligible to application of ILR in November 2011, recently I made the application ILR and my application is been refused.

The refusal stated that I am not been paid at or above as stated in Tier 2 code of practice.

Code of Practice: Section C Manufacturing 2127 Production Engineer £12.78 per hour.

I was earning £11.19 per hour.

As my visas are expiring in month of March 2012, I have not been given right to appeal as well.

We all know this is very unfair to all of us in my situation as we have already fulfilled the resident market labour test at the time of application of our work permit and we are been more paid more than our work permit was issued.

However, in most of the cases we would not be earning as stated in code of practice because the economic climate most of the world was facing. Hence, we all were not in situation for pay rise.

Especially in my case the company did announce the redundancy, recruitment was frozen of certain period of time and no one received any pay rise from 2009- till date 2011.

Its wasn’t just me who didn’t receive the pay rise but, all staff working for the company.

Could please someone guide me how shall I take the next step ahead to get ILR.

Making a Judicial Review or Making fresh application before 28 days of my leave gets expired.

Has any one filed the Judicial Review and received the outcome yet?

Thanks and Kind Regards

Vishal