Advisory: T2 and WP's switching into T1 (important)

Get this one...

"you have failed to observe the conditions attached to your grant of leave to enter. Therefore you do not satisfy the requirements of the Immigration Rules for this category and it has been decided to refuse and curtail your application for leave to remain as a Tier 1 (General) migrant under paragraph 323(i) with reference to 322(3) and 245 C(c). "

Curtailment!  Jesus.

Why?  The applicant claimed earnings from her WP.  They verified the earnings.  Now get this part:  then they audited the original WP and found out it was issued for less money.  BAM You're dead.

But what's worrying is they went after the *applicant*!  Who probably didn't have a clue about what HR put down on the WP, or at least its significance.

So here's a tip:  If you are planning to switch into T1 from a previous economic category, you'll need to track back to the original WP application and be sure that your claimed earnings match up.  Otherwise BAM you're dead.  And if they do NOT match up, then DON'T APPLY.  That's because curtailments have an urgent and distracting way of getting one's attention.

Normal salary progression is ok, by the way. 

Normal salary progression is ok, by the way. 

What do you mean by normal salary progression? I am a lecturer. I get a cost of living adjustment every year and I also have salary progression (I move up the pay spine). The unviersity defines normal (1 step) and accelerated (2 step) progression. Would both of these qualify as "normal salary prgression"?

T1 Curtailment... we knew it was coming, but that is downright nasty...

Do you think this is just for switchers, or do you think UKBA is going to start curtailing T1 willy nilly now (for example if you don't take up full time employment).

If they start shafting T1's they will get a result called "Zero T1's".  Personally I think that would be a jolly hoot since they have spent so much money launching the PBS.

It's fair to say they will go after dependents who enter breach tho'...

Bookgirl, this advisory only affects people trying to switch to T1 from T2 or WP, or I assume adjacently extending T2.  If you are not doing one of those it wouldn't apply to you.

If normal salary progression is ok, how do they know the difference isn't due to that or why would they assume otherwise.  I was recently approved for Tier 1 and was previously on work permit. My salary was no where near the salary stated on my work permit.

How they apply the metrics to arrive at a normal progression, or what metrics they apply is a mystery to me. 

But to your other point, yes!  If your employer had been getting prior approval for your salary changes by filing variances all along the way, then they would have nothing to complain about.  That should be added in to the original advisory. 

Apparently they are are also checking if the employer changed names, or was bought out, or if the address changed, but we have not seen refusals on these points.  The refusals are only related to claimed salary versus work permit authorized salary.

Doesn't this particular person have a fairly broad right to appeal?  I mean the AIT would simply laugh this one out of room.  There is high likelyhood this would get overturned, right?  Doesn't keep UKBA from trying sh!t again...