Changing SOC code in my tier 2 extension application

[hamadsyed]

Hi All,

I am due to extend my tier 2 visa in Feb 2021. Currently my soc code doesn't lie in shortage occupation list. At the time of issuing cos me or my employer were not educated on immigration matters regarding tier 2 application and we went for technical Engineer.

Now its my understanding that the work I am doing(software development for controllers, integrating electronic devices to controller, designing panel for electronic components and even commissioning them whenever needed on site) is more suitable for SOC code 2136(embedded communication Engineer), am I correct on saying that? If needed I can provide more details regarding my current job description.

Now I have two options
1) Stay with the same soc code and apply for extension. In which case I have to make sure that I earn 37,900(which could get tricky) before I apply for ILR after I have completed my five years in Feb 2023.
2) Change my SOC code.

Which is my safe option?

If I have to change the SOC code. what would be best time to do so? Now or when my extension is due?

Lets say if I apply for it when my extension is due, my employer will issue me the COS for extension with different SOC code for extension? OR Do they have to issue me new COS altogether and will be treated as new application?

Lets say if I apply now, in that case my employer have to issue new COS with different SOC code? Is it going to be experienced or New Entrant?

Any help will be much appreciated.

Kind Regards,
S

[CR001]

It is not up to you to decide your SOC. It is also not up to you to decide if it is a shortage occupation or not.

2136 on the shortage occupation is for a very specific industry and your sponsor must be a qualifying company, as Appendix K clearly states.

If you change your SOC at any time, RLMT must be done before you apply for a new visa.

You don't state what your current SOC is??

[hamadsyed]

Thanks for replying

Can you give me the link to Appendix K? What do you mean by qualifying company?

Ofcourse I am not deciding the SOC for myself. That's why I have posed a question whether my job description lies into 2136.
Again, my job description is (software development for controllers, integrating electronic devices to controller, designing panel for electronic components) Does this lies into 2136.

''The following jobs in the electronics system industry: (2136 Programmers and software development Engineer Professionals)
driver developer
embedded communications engineer''

My SOC code is 2129.

[CR001]

Embedded communications engineer is ONLY for the visual effects and 2d/3d industry as clearly stated in the SOC.

https://www.gov.uk/guidance/immigration ... ation-list

2136 Programmers and software development professionals

Only the following jobs in this occupation code:

Senior developer employed by a qualifying company, where the job requires a person with a minimum of five years’ relevant experience and demonstrable experience of having led a team.

The following jobs in visual effects and 2D/3D computer animation for the film, television or video games sectors:

software developer
shader writer
games designer
The following jobs in the electronics system industry:
driver developer
embedded communications engineer

4. In this Appendix “qualifying company” means a company which:
(a) has obtained permission from the Home Office to issue a Certificate of Sponsorship in respect of the relevant job on the basis that the job is included on the Shortage Occupation List and the company:
(i) is licensed as a sponsor for the purposes of Tier 2 of the Points Based System,
(ii) at the time of obtaining such permission, employs between 20 and 250 employees (inclusive), or employs fewer than 20 employees and has provided a letter from the Department for International Trade, confirming that the Department has been working with the company and supports the application in relation to its trade or investment activity,
(iii) is not more than 25% owned by a company which has one or more other establishments in the UK and one of those establishments employs more than 250 employees; and
(iv) has not been established in the UK for the purpose of supplying services exclusively to a single company or company group in the UK; and
(b) will have no more than ten Tier 2 (General) Migrants working for it at any one time in jobs to which the requirement to be employed by a qualified company applies, if all Certificates of Sponsorship in respect of such jobs lead to a grant of leave as a Tier 2 (General) Migrant.

[hamadsyed]

2136 Programmers and software development professionals

Only the following jobs in this occupation code:

Senior developer employed by a qualifying company, where the job requires a person with a minimum of five years’ relevant experience and demonstrable experience of having led a team.

The following jobs in visual effects and 2D/3D computer animation for the film, television or video games sectors:

software developer
shader writer
games designer

The following jobs in the electronics system industry:
driver developer
embedded communications engineer

Highlighted aren't two different sections?

[CR001]

It still needs to be a qualifying company AND your employer has to decide.

[hamadsyed]

''24.18 If you have fewer than 20 employees and you do not provide, or are not eligible for, a letter from DIT or an economic devolved government department in Scotland, Wales or Northern Ireland, you cannot sponsor migrants under this provision. You may still sponsor migrants in digital technology occupations but you must first carry out a resident labour market test.''

I found this on tier 2 sponsor guide. This is one of the requirement which my company doesn't fulfill for being qualifying company. In my understanding Highlighted in red still imply that they can offer me the role despite of not being a qualifying company but they have to conduct Labour market test, is that so? OR i am not understanding this correctly?

[CR001]

Then it isn't a shortage occupation.

[hamadsyed]

Make sense. Many thanks for your guidance. Just Couple of more question and I am good.

Lets assume they can fulfill the requirements(i am sure they'll be able to)

Whats my best option?
Apply now or wait for my extension.

If i apply when my extension is due, is it going to be termed as extension or new application altogether?

If I apply now and it gets rejected am I going to lose my current status as well?

[hamadsyed]

Can you please answer the mentioned points above. I'll really appreciate it.

[CR001]

If the SOC changes, RLMT is required and likely a new visa.

[hamadsyed]

Can you please address this point as well

If I apply to switch the SOC code and it gets rejected am I going to lose my current status as well?

[CR001]

Probably not.