Tier-2 General Visa extension with different SOC code

seemapandian · Post by **seemapandian** » Sun Nov 01, 2020 11:20 pm

Hi,

Currently, I'm on Tier-2 General visa and it is expiring on 18-Jan-2021. I got COS for another 1 year extension from my employer. I found there is difference in SOC code when I compared the current COS (5 year COS) and the new COS (1 year extension).

Current visa SOC code is 2139 and it was not in the shortage occupation list in year 2016. I got promoted in last 5 year period and my Job description remains same. Now, I have got a new COS with SOC code 2136 and it is listed in shortage occupation list. Is this a problem?

I'm planning to apply for ILR next year. Will the new COS with different SOC code reset the clock for ILR by any chance?

Thanks in advance.

seemapandian · Post by **seemapandian** » Tue Nov 03, 2020 11:18 pm

Hi,

I would like to give more information here, so the moderators and experts can help me out.

My Previous COS (for 5 years) issued in 2016 has:
Job title: Senior Programmer Analyst
Job type: 2139 Information technology and telecommunications professionals not elsewhere classified.
Have you met the resident labour market test?: Y

The new COS (for 1 year) issued now for extension has:
Job title: Senior Programmer Analyst
Job type: 2136 Programmers and software development professionals.
Is the job on the current shortage occupation list?: Y

I'm planning to apply for Tier 2 extension with the new COS mentioned above. I'm working with same employer but the SOC code is different due to my promotion last year. I have asked my employer to amend the Job title with new one. I'm not sure they will be able to make the changes in COS.

Should I mention in the cover letter about my new job title and reason for different SOC code? Will this be treated as new Visa or extension?

Will there be any problem in applying ILR (5 year route Tier 2 General) after applying this Visa?

Thanks in advance.

Faqasim · Post by **Faqasim** » Wed Nov 04, 2020 11:12 pm

1. Change of SOC reflects the job description and requirements, it shouldn't be a problem to move from SOC to another. However, I am not sure if you should explain it in your cover letter, as it is the sponsor job to explain it when he requested you CoS.

2. To be eligible for ILR based on 5-year route, you need to be under tier 2 visa for continuous 5 years, starting the count from the issue date of your first tier2 BRP. It doesn't matter if you changed job under the same employer, or if you changed the job with a different employer.

I am currently going through a similar procedure.

Best of luck !

seemapandian · Post by **seemapandian** » Thu Nov 05, 2020 3:04 pm

Thanks Faqasim. Much appreciated.

srsw · Post by **srsw** » Thu Nov 05, 2020 10:34 pm

seemapandian wrote: ↑
Tue Nov 03, 2020 11:18 pm
Hi,

I would like to give more information here, so the moderators and experts can help me out.

My Previous COS (for 5 years) issued in 2016 has:
Job title: Senior Programmer Analyst
Job type: 2139 Information technology and telecommunications professionals not elsewhere classified.
Have you met the resident labour market test?: Y

The new COS (for 1 year) issued now for extension has:
Job title: Senior Programmer Analyst
Job type: 2136 Programmers and software development professionals.
Is the job on the current shortage occupation list?: Y

I'm planning to apply for Tier 2 extension with the new COS mentioned above. I'm working with same employer but the SOC code is different due to my promotion last year. I have asked my employer to amend the Job title with new one. I'm not sure they will be able to make the changes in COS.

Should I mention in the cover letter about my new job title and reason for different SOC code? Will this be treated as new Visa or extension?

Will there be any problem in applying ILR (5 year route Tier 2 General) after applying this Visa?

Thanks in advance.

I'm not sure it will be considered as extension application if the SOC code changed.

Excerpts from Tier 2 guidance:

Change of employment applications

216. You must also make a change of employment application if you are remaining with the
same employer but:

• there is a change to your core duties which means you change jobs and the new job is in a different Standard Occupational Classification (SOC) code to the one stated on your CoS. (This does not apply if the SOC Code for your new job has only changed because of reclassification within the SOC system by the Office for National Statistics) or

• you have been working in a shortage occupation and are remaining with the same sponsor, but there is a change to your core duties such that you have changed jobs and your new job is not on the shortage occupation list;

https://www.gov.uk/government/publicati ... r-2-worker

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Tier-2 General Visa extension with different SOC code

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