Appropriate job category

[mrbojangles]

Hi all,

I’m helping out with an application for leave to remain as a Tier 2 (General) migrant. The applicant currently has leave as a Tier 1 Post-Study worker which expires in April. He has been working for his current employer pretty much since graduating. They are a small but very long-established retailer with an international reputation within their field. He looks after the e-commerce element of their business, not in a technical capacity, but writing copy and editorial, managing the layout, supervising junior staff etc.

I might need to ask you all a few questions on his behalf as the application goes along.

Thankfully he is exempt from the resident labour market test because of his current tier 1 status, and the application is an unrestricted one for the same reason, so not subject to the annual limit.

What we're currently trying to determine is whether he comes within NQF level 6. Looking at the job descriptions in the code of practice, his falls somewhere between two or three possible categories, because it has elements of management, sales, PR and web design. Should we be too worried about this? Is it best just to put the one which is the best fit? I’m guessing that so long as his employer agrees with the category there shouldn’t be too much problem. The UKBA guidance to employers specifically says not to ask them about which is the appropriate category, because employers are better placed to judge this.

By the way, the employer has no more experience than we do in making the application, and has only just been registered by the UKBA, so the application is going to be somewhat collaborative.

[manci]

does the employer have a T2G sponsor licence yet?

[mrbojangles]

Hi Manci,

Yes, they have the licence - I've double-checked the register online.

I'd value your thoughts on the issue of getting the SOC code right. Given his current tier 1 status, the fact that he speaks English (he's a US citizen), and the fact that he comfortably has his £900 in the bank, he otherwise has a clear run. I just don't want to mess up the SOC issue, but it seems to me that this is something to which the UKBA can give very little scrutiny, so how much sleep should we be losing over getting the right one?

As I mentioned in the first post, his job has elements of several SOC categories. The two which seem closest I have copied below.



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.

Salary rates: New entrant: £21,700 / Experienced: £29,500


2473 Advertising accounts managers and creative directors

Example job tasks:
 liaises with client to discuss product/service to be marketed, defines target group and assesses the suitability of various media;
 conceives advertising campaign to impart the desired product image in an effective and economical way;
 reviews and revises campaign in light of sales figures, surveys, etc.;
 stays abreast of changes in media, readership or viewing figures and advertising rates;
 arranges conferences, exhibitions, seminars, etc. to promote the image of a product, service or organisation.

Salary rates: New entrant: £21,900 / Experienced: £27,400

[manci]

the appropriate SOC code is determined by the sponsor, not the migrant. The job title is secondary but the job description, which has to be given in the CoS, should be a good match with the SOC description for the particular code.

[sujaney]

Hi mrbojangles .


Any updates ? I am having same issue.

Manci, it is employers responsibility but i'm helping them out as we are not using any agents and this is the first time for company as well as for me. Any suggestion on that ?

[manci]

Is it best just to put the one which is the best fit?

yes

[mrbojangles]

Hi mrbojangles .


Any updates ? I am having same issue.

Manci, it is employers responsibility but i'm helping them out as we are not using any agents and this is the first time for company as well as for me. Any suggestion on that ?

Hi Sujaney,

We're still waiting for the appropriate person in the employer's HR department to process this and issue a COS.