Tier 2 General visa extension - Confused with the SOC codes!

[vish86]

Hi,

The remit of my current Tier 2 General visa ends in February 2016 and I intend to extend it by a further period of 3 years. It would really help if anyone can clarify a few points.

I switched to a Tier 2 (General) from a previous Post Study Work visa in February 2013 under the NQF level 4 SOC code 3543 – Marketing associate professionals.

• Can I use the same NQF level 4 SOC code 3543? I'm confused as the Codes of practice document says the Tier 2 applicant can only be sponsored under a NQF level 4 code if “The applicant is currently in the UK under Tier 2, and has been in Tier 2 since before the changes made on 14 June 2012 came into force” -
• If I need to change a Level 6 SOC code – 2137 (it is also similar to my role), does my company need to carry out a resident labour market test as Im just going to be extending my visa?

Appriciate a quick response as the confusion is killing me!

Thanks
Vishwanath

[vish86]

Just a note: SOC 2000 code 3543 has been reclassified as SOC 2010 3543.

[iworker]

if you had your initial visa given on Jan 2013, you shouldnt have been given a visa based on a nvq level 4 visa.
Tier 2 can only be given to people with soc code 6, unless they have been in tier 2 for since before april 2012 and they had nvq level 4 or 5 back then.
i think your soc code should be changed at extension and rmlt be performed.

[vish86]

Thanks iWorker for your quick reply. My office just received a reply from the Home office - I had asked them the same question a few weeks back. They replied saying:

"1) The minimum salary rate for the appropriate SOC would need to be paid for the extension.
2) As long as his role has not significantly changed he can continue to fill an NQF level 4 role."

My friend had the same issue with the SOC codes and he got his visa extended under a NQF level 4. I was confused as the documentation says something different. I guess for extension appliacaitions it's fine to use a NQF level 4.

Thanks again,
Vishwanath

[chl_9208]

Hi Vishwanath,

I have very similar situation as yours. I got my tier 2 visa in Dec 2012, and I used a level 4 code. In Oct I applied Visa extension with the same code, and my application has been rejected. The reason of the rejection is that the code cannot meet the tier 2 requirement (level 6).
I saw the reply from home office in your post:

"1) The minimum salary rate for the appropriate SOC would need to be paid for the extension.
2) As long as his role has not significantly changed he can continue to fill an NQF level 4 role."

I think it's very valuable to my case, as I want to convince them in administrative review. If possible can you contact me and forward the email to me? My email address is [Moderator edit: Personal contact details removed.]

Thank you very much in advance.
Meng

[vish86]

Hi Meng,

It clearly states in the Tier 2 policy document that the skill levels don't apply if you are applying for a extension (but the policy document is for applications after Nov'15).

https://www.gov.uk/government/uploads/s ... 1_2015.pdf

See page 22, point 78.

I hope I don't have any issue as you do. Making me nervous now

Thanks
Vish

[Ama16]

Hi,

I'm on the same boat. I received my Tier 2 on 2013 November under 3543 and i applied for an extentition last month. Today i received a refusal saying it needs to be NQF 6 or more.

Please help

[VasG10]

Hi Vish86,

I was wondering if you could shed some light on your issue ? Did you manage to resolve the confusion with SOC codes ?

I am on the exact same boat as you. I switched to Tier-2 General from PSW on Feb-2013 under NQF 4 Level SOC. Now, I applied for an extension under the same visa cateogry, working for the same sponsor and on the same job occupation with the same SOC code NQF 4 Level, in Dec-2015. However, UKBA refused the application on the grounds that I do not meet the NQF 6 level threshold.

Following this I applied for an 'Admin Review' on 18th Jan, 2016 challenging the decision by referring to the Tier-2 Immigration rules-Appendix A: Clause 77E (f) and Tier-2 Policy guide, Clause 78: whereby it states that the job doesn't need to be at NQF 6 Level if the applicant is already in the UK and is applying for an extension under Tier-2 (general) in order to continue to work in the same occupation for the same sponsor; If the CoS in their previous application was assigned to them before 6 April 2013 (in my case it was Jan-13);

I have not heard anything back from UKBA on my admin review just yet. I am quite concerned as my visa runs out on 18th Feb, 2016. I know that they state that it could take up to 28 calendar days for a response so in theory I should have a response back by 14th Feb. Which gives me 4 days to re-apply if the decision is not in my favour.

Any suggestions or thoughts would be really helpful guys!

Thanks

[vish86]

Hi all,

I just went for the same day service and I got my visa extended with a NQF level 4 soc code. I submitted the email I received from the home office as part of my application. Not sure why some applications are successful and others aren't. Hope it works out for everyone!

Regards
Vishwanath

[The Station Agent]

Look at the codes of practice. The SOC code should most closely match your actual job. The codes are done to try and cover all jobs - the sponsor should choose the one that most closely matches your job. What skill level that code holds will be listed in the codes of practice for each industry sector. It's a bit clumsy but that's the way it's done.