Wrong SOC code

[Ali272]

Hi,

This is for one of my friends as I'm currently on Tier 1 E.

He got sponsored by a company as an account manager (SOC code: 3545) but he actually works as a letting agent which is RQF 3 (SOC code:3544).

The manager told him they can't write letting agent on the COS because it won't qualify but his visa got approved in December 2017. When he applied he thought it is not much of a deal so his question is what are the consequences to him if HO finds out about this situation and What can he do to make sure he works within his visa conditions if the employer is not willing to issue a correct SOC code and threatens to fire him if he keeps asking for new code? They always tell him, don't worry, nothing will happen.

To be honest I've been into his company for a visit (it is a super small company with less than 20 employees) and I can't even believe these guys hold a sponsorship license. They've held license to sponsor since 2010 and not a single visit from HO yet according to the manager. So that's why they are so confident.

Thanks.

[CR001]

He wouldn't have qualified for a visa with the SOC 3544 as it is ineligible for sponsorship. He does of course face potential issues when he applies for an extension.

What is his salary that he is being paid??

They are VASTLY different jobs and have very different salaries.

3545 Sales accounts and business development managers
Example job tasks
• liaises with other senior staff to determine the range of goods or services to be sold, contributes to the development of sales strategies and setting of sales targets;
• discusses employer’s or client’s requirements, carries out surveys and analyses customers’ reactions to product, packaging, price, etc.;
• compiles and analyses sales figures, prepares proposals for marketing campaigns and promotional activities and undertakes market research;
• handles customer accounts;
• recruits and trains junior sales staff;
• produces reports and recommendations concerning marketing and sales strategies for senior management;
• keeps up to date with products and competitors. Related job titles:
• Account manager (sales)
• Area sales manager
• Business development manager
• Product development manager
• Sales manager

Salary rates:
New entrant: £25,100
Experienced worker: £33,300

3544 Estate agents and auctioneers
Example job tasks:
• discusses client’s requirements and may advise client on the purchase of property and land for investment and other purposes;
• conducts or arranges for structural surveys of properties and undertakes any necessary valuations of property or agricultural land;
• advises vendors and purchasers on market prices of property, accompanies clients to view property;
• markets the property on behalf of the vendor, prepares written information and press advertisements;
• negotiates land or property purchases, sales, leases or tenancy agreements and arranges legal formalities with solicitors, building societies and other parties;
• makes inventories of property for sale, advises vendor of suitable reserve price, issues catalogues, conducts auction, notes bids and records sale.

Related job titles:
• Auctioneer
• Auctioneer and valuer
• Estate agent
• Letting agent
• Property consultant

Salary rate: £20,800

[Ali272]

He's being paid £25,100+ commissions (about £30k in total) and he is the highest paid among his peers, because others are not on visa, so they get much lower salaries. There are other issues as well.

He was sponsored by lets say "company A" but on his payslips and bank statements it is company B (subsidiary of company A). Could this also be a problem in the future?

Also on his COS his main place of work was in location A but now he works in location B without sponsor notifying the HO. The manager has told him not to worry because they won't report the new office address so there won't be a visit as HO doesn't know the new location.

He is not worried about extension yet, my friend wants to switch to different category ASAP because this is not right. He didn't know the company is violating so many rules when he joined the company.

We are worried about potential HO visit as the company recently changes its name on the companies' house. So my question is what consequences does he face if HO visits the company in the near future? Will he be subject to the 10 year ban or deception? or only the employer is solely responsible?

Thanks.

[Ali272]

Anyone please? What is the best course of action for him? Thanks.

[SAR7]

He was sponsored by lets say "company A" but on his payslips and bank statements it is company B (subsidiary of company A). Could this also be a problem in the future?

This is not a problem if company B is already added as a branch of sponsor licence A. This need to be do it through sponsor management system(SMS) by his employer.

Also on his COS his main place of work was in location A but now he works in location B without sponsor notifying the HO. The manager has told him not to worry because they won't report the new office address so there won't be a visit as HO doesn't know the new location.

This also need to be notify through SMS within 28 days of the change, there is a section called report migrant activity in SMS.

Will he be subject to the 10 year ban or deception? or only the employer is solely responsible?

if there is any compliance visit in future, sponsor licence will be suspended and revoked based on sponsor failing to fulfill duties and migrant visa will be curtail for 60 days.

[Ali272]

Ok got it, Thank you. Can you confirm if the license can be curtailed if the only violation is the employee works as a letting agent?

Thanks.

[CR001]

Ok got it, Thank you. Can you confirm if the license can be curtailed if the employee works as a letting agent?

Thanks.

Yes as he is not doing the job in the SOC he got a CoS for and is in breach of his visa conditions. He is working at a lower level that is not available for sponsorship.

His visa could be curtailed.

The sponsor licence could be suspended or revoked

[Ali272]

Thank you so much for your help.

[Ali272]

Urgent please.

The company described above was raided today by the HO. They interviewed everyone single individual, They were there for the whole day I'm told. The end is clear, the license will be 100% revoked as the company is violating so many immigration rules.

My only question is this, my friend cooperated with the HO this morning and provided them with tons of documents and evidences against the company. The boss realized that the employee is cooperating and fired him on the spot after HO officers left. Can my friend bring legal actions against the company? He plans to leave the country anyway but he would like to sue the company for unfair dismissal. He was one of the best employee in the company and the only reason the boss fired him was that he is cooperating with HO.

Thank you.

[CR001]

Urgent please.

The company described above was raided today by the HO. They interviewed everyone single individual, They were there for the whole day I'm told. The end is clear, the license will be 100% revoked as the company is violating so many immigration rules.

My only question is this, my friend cooperated with the HO this morning and provided them with tons of documents and evidences against the company. The boss realized that the employee is cooperating and fired him on the spot after HO officers left. Can my friend bring legal actions against the company? He plans to leave the country anyway but he would like to sue the company for unfair dismissal. He was one of the best employee in the company and the only reason the boss fired him was that he is cooperating with HO.

Thank you.

Your friend will have to contact ACAS for unfair dismissal advice.

That aside, any tier 2 sponsor can withdraw sponsorship at any time. Your friend should have heeded the warnings and advice given a year ago if it is the same friend you asked about then.

uk-tier-2-employer-sponsored-visas/tier ... l#p1693378

[Ali272]

Thank you so much for your help. Yes it is the same friend. I will let him know about ACAS.

Yes, I warned him as well but, it was his decision after all. I encourage everyone to follow the rules at all times.

[faridsmailbox]

Thank you so much for your help. Yes it is the same friend. I will let him know about ACAS.

Yes, I warned him as well but, it was his decision after all. I encourage everyone to follow the rules at all times.

Hello Ali
Did that employer’s license got revoked? If yes when did HO sent curtailment letter to your friend.

I would be grateful if you could reply as I am in same situation.

Thanks