Company not willing to give New SOC Code mapping: Pls Help

[globalindian]

Hi,

I was planning to apply for ILR. However my company is not providing me revised SOC code letter which is applicable after 6 April 2013.
They are arguing that since my COS was generated for Tier 2 Extension before 6th April 2013 hence the new rule is not applicable for me and they cannot provide me the new SOC code letter as it will be a compliance issue. So they cannot provide a letter with the new mapping of SOC code.

In my case the SOC code is 2132 and it has to be mapped to a new one.

I really feel pity for the HRs who create their own rules and guidelines and try to bully on employees.

Can anybody please help and advise if the Old code will still be valid for an ILR application after 6th April 2013?

Thanks

[Kevin24]

Hi,

I was planning to apply for ILR. However my company is not providing me revised SOC code letter which is applicable after 6 April 2013.
They are arguing that since my COS was generated for Tier 2 Extension before 6th April 2013 hence the new rule is not applicable for me and they cannot provide me the new SOC code letter as it will be a compliance issue. So they cannot provide a letter with the new mapping of SOC code.

In my case the SOC code is 2132 and it has to be mapped to a new one.

I really feel pity for the HRs who create their own rules and guidelines and try to bully on employees.

Can anybody please help and advise if the Old code will still be valid for an ILR application after 6th April 2013?

Thanks

I totally agree with you about HR Depts. They make things so difficult for some ILR applicants. All you could do is take a Print out of the SOC Classification System 2010 and explain to them. Where it is clearly mentioned to use the New Codes and salaries after 06/04.

[globalindian]

Thanks Kevin. I have already provided them with exact links, page number, exact mappings of new and old code but they are saying it is a compliance issue. Even explained them several times today to various teams.
I really doubt from where the company picks up these genius brains who don't understand anything. It is easier to convince a robot than a dumb person like this.

[Kevin24]

Thanks Kevin. I have already provided them with exact links, page number, exact mappings of new and old code but they are saying it is a compliance issue. Even explained them several times today to various teams.
I really doubt from where the company picks up these genius brains who don't understand anything. It is easier to convince a robot than a dumb person like this.

They have to give the letter with the new SOC Codes after 06/04. There is no way out. They have to comply with the New Rules. Please explain to them this is a serious issue.

[globalindian]

I have told them. They are saying since Company does not entertain ILR and is only responsible for the Tier 2 applications , as per the rule they can provide such details once they generate a new COS for future application.

As a worst case scenario I have told them that if UKBA asks the company for the such confirmation in that situation can they support. This is because it is a government regulation. They said we have to discuss this at that point in time.
Can you imagine the situation?

Just one advice I will need. Is it fine to go ahead with the OLD SOC code and in worst case situation can UKBA force company to produce a different code as per the new rules?

[Kevin24]

I have told them. They are saying since Company does not entertain ILR and is only responsible for the Tier 2 applications , as per the rule they can provide such details once they generate a new COS for future application.

As a worst case scenario I have told them that if UKBA asks the company for the such confirmation in that situation can they support. This is because it is a government regulation. They said we have to discuss this at that point in time.
Can you imagine the situation?

Just one advice I will need. Is it fine to go ahead with the OLD SOC code and in worst case situation can UKBA force company to produce a different code as per the new rules?

I think as long as your salary is very much higher than SOC Salary they will not hassle so much. What else to do you have to go with old SOC Code or drop it completely.

[globalindian]

Yes. The salary is £10000 higher than even the new code experienced rate.

[[iD]]

Not trying to be funny but have you tried drawing a knife? It actually worked with one of my mate. His employer was messing around the same way so he went to the Spam and brought a big knife in his managers room and threaten to stab him. Needless to say it worked. lol

Not advised tho

[globalindian]

I pity on my employer and worry about the future if they go on recruiting such idiot HRs. Absolutely frustrating people.

[Kevin24]

Yes. The salary is £10000 higher than even the new code experienced rate.

That's excellent. Now try to convince these guys with out buying any knives Some how get this letter. Do you have any friend who went to a PEO appointment recently. You could borrow that letter and show it to HR.

[alanwong]

Is it a must for HR to write the letter?
Can one get their manager to write the letter?

[alanwong]

Not trying to be funny but have you tried drawing a knife? It actually worked with one of my mate. His employer was messing around the same way so he went to the Spam and brought a big knife in his managers room and threaten to stab him. Needless to say it worked. lol

Not advised tho

Never do that, otherwise they will report to police and you will end up getting a criminal record, then your ILR will be at stake.

[globalindian]

Thanks Kevin. Let me try tomorrow morning to convince them again.

But is it true that all applications for ILR should contain the new SOC code? In cases where I have been provided my COS before April 6, 2013 should this be still applicable? My Tier 2 extension is approved before 6th Apr 2013.

[[iD]]

Yes. The salary is £10000 higher than even the new code experienced rate.

That's excellent. Now try to convince these guys with out buying any knives Some how get this letter. Do you have any friend who went to a PEO appointment recently. You could borrow that letter and show it to HR.

I think the issue we have here is someone at HR being a smart a$s, thinking he knows more than he actually does. It's usually hard to convince those kinda people without being hard on them. Knife might actually work tho lol

To OP, if you think the the person you're dealing with isn't up to date with immigration rules, don't hesitate for a single second before telling him/her that they don't know what they're talking about and speak to their managers and take this further. Tell managers that this person needs to be trained as he isn't capable of doing his job as it stands.

[alanwong]

I think the issue we have here is someone at HR being a smart a$s, thinking he knows more than he actually does. It's usually hard to convince those kinda people without being hard on them. Knife might actually work tho lol

To OP, if you think the the person you're dealing with isn't up to date with immigration rules, don't hesitate for a single second before telling him/her that they don't know what they're talking about and speak to their managers and take this further. Tell managers that this person needs to be trained as he isn't capable of doing his job as it stands.

Exactly, a friend of mine could not get a letter from HR. He told me when he was talking to the HR guy and that guy thought he was on the top of UKBA. At PEO, he was told that his ILR will be approved if he could get a letter from his employer. Later he got one directly from his supervisor (he worked as a RA at university) and it was OK.

[globalindian]

cool....so does UKBA directly contacts the Company in such scenarios....Hopefully that will force them to work....

[globalindian]

I was just reading the SOC code document:
http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf
Page 3
Who should read this document?
This document is aimed at employers who are looking to sponsor a migrant through the Points-Based
System. It mainly applies to Tier 2 (General) and Tier 2 (Intra-Company Transfer) categories. However, it also applies to some parts of Tier 5, to post-study workers switching to Tier 1 (Entrepreneur) and to work
permit holders applying for settlement. It is also used by UK Border Agency case workers. It lists:
? The skill level for each occupation;
? The minimum appropriate rates of pay for each occupation; and
? Example job tasks and titles to help you accurately match up a job to the corresponding classification code.
The codes of practice are an integral part of the immigration system relating to migrant workers. These codes supersede all previous codes and the new system applies to all Tier 2 applications made by
migrants using certificates of sponsorship assigned by sponsors on or after 6 April 2013, and all other applications made by migrants where the date of application is on or after 6 April 2013.

In my case the Tier 2 was already approved earlier. Does this mean that
new soc is not required for ILR applications where Tier 2 applications were done before 6 April 2013?

What's your interpretation of this policy?

[Kevin24]

I was just reading the SOC code document:
http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf
Page 3
Who should read this document?
This document is aimed at employers who are looking to sponsor a migrant through the Points-Based
System. It mainly applies to Tier 2 (General) and Tier 2 (Intra-Company Transfer) categories. However, it also applies to some parts of Tier 5, to post-study workers switching to Tier 1 (Entrepreneur) and to work
permit holders applying for settlement. It is also used by UK Border Agency case workers. It lists:
? The skill level for each occupation;
? The minimum appropriate rates of pay for each occupation; and
? Example job tasks and titles to help you accurately match up a job to the corresponding classification code.
The codes of practice are an integral part of the immigration system relating to migrant workers. These codes supersede all previous codes and the new system applies to all Tier 2 applications made by
migrants using certificates of sponsorship assigned by sponsors on or after 6 April 2013, and all other applications made by migrants where the date of application is on or after 6 April 2013.

In my case the Tier 2 was already approved earlier. Does this mean that
new soc is not required for ILR applications where Tier 2 applications were done before 6 April 2013?

What's your interpretation of this policy?

7

IHOP,I beleive whether youare on Tier 2/Work Permit you need to have a SOC Code. Some times CW have contacted the Employers. Keep HR fellows happy so that if contacted they will be very helpful to the CW.

[globalindian]

thanks mate...

[dk2011]

http://www.ukba.homeoffice.gov.uk/busin ... tificates/

How long is the certificate of sponsorship valid for?
A certificate of sponsorship under Tier 2 or Tier 5 is valid for 3 months from the date of issue.
------------------------

It says certificate of sponsership is valid for 3 months . That means sponsership certificate/SOC code issued before 6th april are still valid for 3 months from the date of issue. You might get away with this if your letter were issued before 06th april. But obviously , going with the new code is the best option. Send one PM as well . Please check.

[globalindian]

The COS is valid for 3rd April 2013....very unfortunate....

[dk2011]

When did you get employer letter issued ? Was it issued on 03/apr/2013 ?

[globalindian]

When did you get employer letter issued ? Was it issued on 03/apr/2013 ?

COS was issued in 3rd of Jan....COS ends on 3rd apr

[dk2011]

But you still need employer reference letter for ILR and you are saying they can give with OLD SOC code ? Actually , appendixj and SOC 2010 has old code to new code mapping defined which case worker will refer to.
As suggested by others , you can take a print out of mapping page and email that you sent to HR and try and explain same to CW.
Chances are 50-50 though.

[globalindian]

Thanks mate....in the border case.....

But you still need employer reference letter for ILR and you are saying they can give with OLD SOC code ? Actually , appendixj and SOC 2010 has old code to new code mapping defined which case worker will refer to.
As suggested by others , you can take a print out of mapping page and email that you sent to HR and try and explain same to CW.
Chances are 50-50 though.