Job Code 2136 SOL Refused

[sen_tun]

Hi all experts,

I have taken my time on this board to see if I will get my answers unfortunately this two questions has not been answered! I will indulge your assistant for the benefit of those who are in the same shoe.

My situation:
I have recently been refused base on the fact that the HO believes the my Job title as a software Developer
does not qualify under SOL Job code 2163. ( Tier 2)

My first questions is what is the right Job Title or Description HO is looking for in this situation? does anyone have an idea of anyone who have been awarded point base on this code as Shortage of Occupation if yes what was correctly use.

Second question: Can anyone clarifies if AR (Administrative Review) is unsuccessful will I be given chance to make a fresh application even if you do not currently have a leave to remain but you I submitted your initial application that has been refused before my leave to remain expires. If a fresh application is allowed after AR is unsuccessful and new fresh application of Tier 1 becomes successfull, will it affect any chance of ILR on 5/10 years rules?

I will appreciate your replies as this has caused so many confusions from some of us especially with wrong Legal advice

[CR001]

2136 is on both the non shortage and shortage occupation list. Only very specific jobs and a qualifying company can use 2136 under shortage occupation. See below.

For queries regarding SOC 2136 shortage or non shortage role, see below before asking questions.

Appendix J - Non Shortage Occupation Codes (click to read)

Appendix K - Shortage Occupation Codes (click to read)

Appendix K - Shortage Occupation Codes (click to read)

This SOC is only a shortage job if all of the below apply, including being a qualified company. For non shortage, full and proper RLMT is required.

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

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.

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