- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Hi pricesoft, thank you for your answer, I have read the discussion on the page you referenced. I agree with @ashleyransoo that "It is very unfair that employers are not given enough information/help to use the sponsorship management system." Because my sponsor selected the seniour job title, I now face the danger of loosing the right to apply for ILR in the future and pay solicitors high amounts of money.pricesoft wrote:Sorry to hear about what happened.
My tier 2 visa application was refused last year for a very similar reason. I have gone through the appeal process and have already exhausted my appeal avenues. See here
Can you be more precise about the 2 SOC codes in question? What is your job title and what job title/heading under the SOC did the UKBA use to decide your application?
Thanks again for your response. During my application my boss said they requested the sponsorship with the "Analyst Programmer" position, so we decided that I had the same title on my Tier application. If the code was "Programmer" that would not have caused a problem. He was confused and wondering why HO granted the certificate in the first place, since they declared the job title and the salary during the sponsorship application.pricesoft wrote:To be honest, I dont think the SOC codes in the code of practice have changed much compared to what they were before the 6th of April. The code of practice is based on the Standard Occupational Classification 2000 and I don't see them changing anytime soon. With regards to the salary limits of the job titles, some of them may have changed. I believe your sponsor had selected code 2132 (Software Professionals). If this is the case, I don't think the salary for the job titles under SOC 2132 have changed much. Don't take my words for it though and see if you can lay your hands on the previous code of practice and do the comparison. Although, I can confirm that the salary of the Programmer and Web Designer job titles didnt change at all as I have monitored them.
With regards to your previous question, if you appeal the decision, initially you will be appealing to the First Tier tribunal. If it falls though, then you will have 5 days from the date you received the decision of the appeal to again appeal the First Tier Tribunal's decision or leave the country. As long as you do something within the 5 days then you won't become an overstayer.
I feel you have a good case, but how to approach it will be critical and this is where a good solicitor comes in. I had a good case, but the approach advise by my solicotor wasn't good. Make sure your solicitor is knowledgable in Tier 2 matters. Challenge the solicitor if you have any reason to doubt what they say. As a point of strategy, you can have your sponsor conduct a RLMT on your job just in case you have to return home to submit a fresh application from home.
I am only able to give you all of this advise from my experience over the last year. This are the things I would have done in hindsight. Make sure you seek more advise.
Good luck
Thank you @pricesoft, you will receive many positive energy during my prayerpricesoft wrote:Just to clarify that there is a difference between the classification codes and the job tites. Job titles are not assigned codes, only the occupational classification that these job titles belong to are assigned classification code. So in your case, 2132 is the code for Software Professionals and "Progammer" and "Analyst Programmers" are just 2 of a few other job titles under the occupational classification of a Software Professional.
When did your sponsor get the CoS? If your sponsor received your allocation on or after the 6th of April, I don't think your sponsor will have had to provide your job title and/or job salary. This isn't required for "unrestricted" CoS I believe. However, at the point of issuing the allocated CoS to you, your sponsor may have specified your job title as Analyst Programmer. Assigning the CoS is done via the Sponsor Management System and the system doesn't complain if you specify a lower salary to the one that is required for the job title. If this is the case, then it may be a little tricky. In any case, you still have a good case going into your appeal harmed with your job contract which specifies and proves that you are a "Programmer" and not an "Analyst Programmer". Although, whether or not any new evidence proving your actual job title will be admissible at the appeal hearing is up for debate.
Whatever happens, in the meantime, work towards getting your employer to conduct the RLMT. It puts you in a very good position going forward. Don't fret, you should be fine. Just make sure you gain and have the support of your sponsor.
Good luck.