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Tier 2 General Shortage occupation mistake in COS

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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sensoricaine
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Joined: Tue May 08, 2018 6:43 pm
India

Tier 2 General Shortage occupation mistake in COS

Post by sensoricaine » Tue May 08, 2018 7:04 pm

Dear all,

I would like to seek an important advice. My wife has been issued a RCOS for Tier 2 by her HR. The job is in Shortage occupation list as per HO Appendix K. However, while assigning the cos, the column mentioning ' Is the job is shortage occupation list? 'N' has been mentioned by HR. When we emailed the HR, they said they would add this in sponsors note as there is no option to amend the cos. They have verbally confirmed that this has been suggested by UKVI telephonically. The updated COS has now been issued.
My dilemma is 'should we apply under Tier 2 General Shortage occupation or not? I am happy to pay higher fee for Tier 2 General instead, if that is safer option. It's difficult to trust HR sometimes :-)
Thanks in advance

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cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Tier 2 General Shortage occupation mistake in COS

Post by cyclina1 » Wed May 09, 2018 1:10 am

Just do the short occupation one. Your wife should have employer letter so it will be fine.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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ashishkm
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Re: Tier 2 General Shortage occupation mistake in COS

Post by ashishkm » Wed May 09, 2018 3:36 am

sensoricaine wrote:
Tue May 08, 2018 7:04 pm
Dear all,

I would like to seek an important advice. My wife has been issued a RCOS for Tier 2 by her HR. The job is in Shortage occupation list as per HO Appendix K. However, while assigning the cos, the column mentioning ' Is the job is shortage occupation list? 'N' has been mentioned by HR. When we emailed the HR, they said they would add this in sponsors note as there is no option to amend the cos. They have verbally confirmed that this has been suggested by UKVI telephonically. The updated COS has now been issued.
My dilemma is 'should we apply under Tier 2 General Shortage occupation or not? I am happy to pay higher fee for Tier 2 General instead, if that is safer option. It's difficult to trust HR sometimes :-)
Thanks in advance
Yes, i too suggest to apply as shortage occupation application, as it originally is. Sponsors note is a important column where usual CoS amendments are mentioned (for eg. in my case salary, start date are corrected in that, I heard some cases last names, first names, etc are corrected)

sensoricaine
Newbie
Posts: 33
Joined: Tue May 08, 2018 6:43 pm
India

Re: Tier 2 General Shortage occupation mistake in COS

Post by sensoricaine » Wed May 09, 2018 4:09 pm

Thanks for your advice.
While researching more on this topic, I came across a few HO guidelines. I figured out that at the stage of RCOS assignment by HR, around 18 columns are already prefilled by UKVI. This is on the basis of information submitted during RCOS application to UKVI. These colums include the question- Is the job in Shortage Occupation?
Now, when we checked with HR about this, we were told that this was answered No by them.
The job is undoubtedly in Shortage but this was not the basis of RCOS allocation.
Secondly, there are only very few amendments allowed in COS via the sponsor’s note. Mainly, salary increase/ decrease or change in start date.
In our case, would it be a problem to apply Tier 2 under Shortage occupation based on sponsors note when this was answered no during application fo RCOS.
Your valuable suggestions would be highly appreciated.
Regards

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ashishkm
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Re: Tier 2 General Shortage occupation mistake in COS

Post by ashishkm » Wed May 09, 2018 4:36 pm

sensoricaine wrote:
Wed May 09, 2018 4:09 pm
Thanks for your advice.
While researching more on this topic, I came across a few HO guidelines. I figured out that at the stage of RCOS assignment by HR, around 18 columns are already prefilled by UKVI. This is on the basis of information submitted during RCOS application to UKVI. These colums include the question- Is the job in Shortage Occupation?
Now, when we checked with HR about this, we were told that this was answered No by them.
The job is undoubtedly in Shortage but this was not the basis of RCOS allocation.
Secondly, there are only very few amendments allowed in COS via the sponsor’s note. Mainly, salary increase/ decrease or change in start date.
In our case, would it be a problem to apply Tier 2 under Shortage occupation based on sponsors note when this was answered no during application fo RCOS.
Your valuable suggestions would be highly appreciated.
Regards
oh ok, so the RCoS is allocated as non-shortage one! that is interesting. Good atleast RCoS is allocated without rejection. Perhaps you salary range might have saved

Now for application, as per RCoS allocation it is non shortage, so we must go with non-shortage application payment, and as non shortage in the points section of the application. but the job code, title and etc qualifies shortage!!! I am preplexed
I am confused what to advise, as it is subtle situation. Either way if VISA officer dont like this, he might ask for an update before granting VISA, or in worst case - I dont want to say it!

Why dont you/Sponsor write to HO via their SMS route to check and get an absolute clarity on this?

sensoricaine
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Posts: 33
Joined: Tue May 08, 2018 6:43 pm
India

Re: Tier 2 General Shortage occupation mistake in COS

Post by sensoricaine » Wed May 09, 2018 5:06 pm

Dear Ashish,
Thanks for your input.
You are right in saying that salary saved us.
It’s the handiwork of a new HR official. I am going to ask the HR to email HO and get a written clarity on the situation. I am not comfortable to apply with this COS.
Regards

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ashishkm
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Re: Tier 2 General Shortage occupation mistake in COS

Post by ashishkm » Wed May 09, 2018 5:19 pm

sensoricaine wrote:
Wed May 09, 2018 5:06 pm
Dear Ashish,
Thanks for your input.
You are right in saying that salary saved us.
It’s the handiwork of a new HR official. I am going to ask the HR to email HO and get a written clarity on the situation. I am not comfortable to apply with this COS.
Regards
Yes that is good always to write to HO official and get their formal say

These HR's must be bit careful with these simple details, as they are paramount and cost us a lot (money, time and situational anxiety)

In my case my HR missed a simple math of adding base salary and guaranteed allowance. fortunately for salary and start date there are supporting rules to amend them in Sponsor note....so I am narrowly escaped

Anyways, I wish you good luck - keep us posted

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Djsuccess
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Nigeria

Re: Tier 2 General Shortage occupation mistake in COS

Post by Djsuccess » Thu May 10, 2018 1:41 am

sensoricaine wrote:
Tue May 08, 2018 7:04 pm
Dear all,

I would like to seek an important advice. My wife has been issued a RCOS for Tier 2 by her HR. The job is in Shortage occupation list as per HO Appendix K. However, while assigning the cos, the column mentioning ' Is the job is shortage occupation list? 'N' has been mentioned by HR. When we emailed the HR, they said they would add this in sponsors note as there is no option to amend the cos. They have verbally confirmed that this has been suggested by UKVI telephonically. The updated COS has now been issued.
My dilemma is 'should we apply under Tier 2 General Shortage occupation or not? I am happy to pay higher fee for Tier 2 General instead, if that is safer option. It's difficult to trust HR sometimes :-)
Thanks in advance
The sponsor note should suffice. I'd suggest she goes for the shortage occupation application
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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