Combination of visa for ILR - SKV and Global talent

[S_GUPTA]

Hello,

I am due to apply for my ILR in May end 2024. I have asked my HR for the employee reference letter which state the SOC code. When my Tier 2 visa was applied in 2019, the CoS had SOC code 3534 - finance investment analysts. Due to changes in April 2024, the SOC code 3534 shows different role. In the new list, SOC code 2422 describe for Finance investment analyst, which aligns with my original Tier 2 visa SOC code. However, my HR says that my role comes under SOC code 2431 - Management consultant and business analysts. Which is different to my Tier 2 visa SOC code.

Is it alright if the letter says 2431 instead of 2422? Is there any implication on my ILR eligibility? My salary is anyways higher then the going rate of any of the SOC codes.

Really greatfull if someone can help.

Thanks,

[zimba]

The Standard Occupational Classification (SOC) codes assigned to each sponsored role have been simply updated from the 2010 codes to the 2020 codes, so your old SOC and the new 2020 SOC both should refer to the same job title/role. What is your job title/role actually ?

Search tool to find your SOC: https://cascotweb.warwick.ac.uk/#/class ... on/soc2020

[S_GUPTA]

Hi, my job title is finance systems data analyst. HR contacted the immigration lawyer and they suggested I follow the 2431 SOC code. That is why I am confused.

[zimba]

It should be 2422.

I am always amazed by how many professional lawyers get things so wrong while giving simple advice. We regularly see terrible and incorrect advice from clueless lawyers all the time here. One way I suggest to approach lawyers is to push them to substantiate their claims with reference to official guides and rules. They should be challenged and asked to back up their claims with evidence. If you follow the UKVI guidance, you get the SOC code of 2422 for your job.

Here is where you can see how, as explained by the UKVI: https://www.gov.uk/government/publicati ... -and-codes

Tell your HR to challenge the lawyer on this issue and ask them why their advice does not match the official advice of the UKVI

[S_GUPTA]

Thanks, I will ask my HR to do so. However, I wanted to know if they come back with same answer, will it be an issue to use 2431 as the new SOC code? will it cause any issue and impact my ILR eligibility?

[zimba]

Thanks, I will ask my HR to do so. However, I wanted to know if they come back with same answer, will it be an issue to use 2431 as the new SOC code? will it cause any issue and impact my ILR eligibility?

This could affect you as different SOC have different salary thresholds

[S_GUPTA]

My salary about 50% higher than the going rate of any of these SOC code. Will it still cause any issue?

[zimba]

My salary about 50% higher than the going rate of any of these SOC code. Will it still cause any issue?

No. Also note that normally changing your SOC (job/role) requires you to get a new visa, hence a change of SOC could be problematic as the new 2020 SOC no longer matches its 2010 equivalent.

[S_GUPTA]

Hello,

While filling out the form, in the section where they asked for details if you have lived in a country outside UK including your birth country, I added all the countries where I have lived in past but forgot to enter the detail about my birth country itself.

I have mentioned that in the cover letter. will it be fine if I have mentioned it in my cover letter?

Thanks,

[S_GUPTA]

Lawyers were fine to use 2422 in the end. So, that's good.

THanks, for your help.

[zimba]

Hello,

While filling out the form, in the section where they asked for details if you have lived in a country outside UK including your birth country, I added all the countries where I have lived in past but forgot to enter the detail about my birth country itself.

I have mentioned that in the cover letter. will it be fine if I have mentioned it in my cover letter?

Thanks,

That question does not matter at all. Do not worry about it at all

Lawyers were fine to use 2422 in the end. So, that's good.

THanks, for your help.

That is good

[S_GUPTA]

Appreciate your prompt answer. Thanks a lot.

[S_GUPTA]

Hello,

My partner has arrived in UK on skilled workers visa and its been 2.5 years. She is eligible for global talent visa and will be applying for 3 years GTV. I wanted to know if anyone knows if we can use the time spent on SKV towards ILR. So, can she apply for ILR by being 6 months on GTV i.e. total stay for 3 years (2.5yrs on SKV and 0.5 yr on GTV)? If not, what are the options for ILR for her?

Thanks,
Sachin

[zimba]

Hello,

My partner has arrived in UK on skilled workers visa and its been 2.5 years. She is eligible for global talent visa and will be applying for 3 years GTV. I wanted to know if anyone knows if we can use the time spent on SKV towards ILR. So, can she apply for ILR by being 6 months on GTV i.e. total stay for 3 years (2.5yrs on SKV and 0.5 yr on GTV)? If not, what are the options for ILR for her?

Thanks,
Sachin

Yes. Time spent as a main applicant under the skilled worker visa counts towards the ILR qualifying period when applying for ILR under GTV rules.

[S_GUPTA]

Hi,

thanks. I got another question. My partner is planning to apply GTV endorsement via peer view. I have read that peer review take 5-8 weeks. Her current BRP is due to expire mid July and with 8 weeks it, the decision will come after her BRP expires. If the visa is rejected, what are her option? can we apply for dependant visa as I have ILR, if the GTV is rejected. or does she need to leave UK and apply the dependent visa? Is there a window we can use to apply dependant visa from within UK, if the GTV is rejected?

Thanks,

[zimba]

You can apply for the Global Talent visa at the same time as you apply for endorsement, or after you have the endorsement confirmed.

If your permission to stay in the UK is about to expire, applying for the visa will extend it until you’ve been given a decision.

https://www.gov.uk/global-talent-resear ... eer-review

Even in case of refusal, your partner may switch to the family route within 14 days.

[S_GUPTA]

Thanks. Yes, we were planning to apply for GTV endorsement and the visa together.

Its a relief if we get 14 days window after the rejection decision and can apply for family route within the 14 days after rejection. Just to check is it written somewhere in Gov.uk? if you don't mind, could you please sharing the link please?

[zimba]

Thanks. Yes, we were planning to apply for GTV endorsement and the visa together.

Its a relief if we get 14 days window after the rejection decision and can apply for family route within the 14 days after rejection. Just to check is it written somewhere in Gov.uk? if you don't mind, could you please sharing the link please?

Paragraph 39E of the rules

[S_GUPTA]

Oh perfect. thanks a lot for your help.

[S_GUPTA]

Hello,

we just received the rejection on the endorsement. The email came from the The Global talent Endorsements, not from UKVI. We applied both the endorsement and GTV together. The rejection on endorsement has come 5 days after the expiry of current visa. My partner has her biometric appointment scheduled for GTV application next week. Since her endorsement application is reject, her visa will also get rejected. I believe UKVI will take 8 weeks to respond on the application and once they reject it then only within 14 days after rejection from UKVI, we can pply for partner visa (as I have ILR).

Since we already know that her GTV application will be rejected, is it possible that we can cancel the GTV application now and apply for dependent visa from within UK? Will the days from the current visa expiry to until we apply for dependent visa will consider overstay and impact her application?

Please let me know.

thanks

[zimba]

As there is a pending application, she should apply again for a new family visa and switch to the family route as your spouse using form FLR(M). This new application will be the variation of the GTV application

[S_GUPTA]

So, she doesn't need to go to the biometric for GTV stage 2 and no need to withdraw the GTV stage 2 application. She can simply fill a new application for family visa and provide the biometric for family visa. Correct?

How will we get refund for the IHS paid for GTV? will it be automatic or should we request for it?

Thanks,

[zimba]

So, she doesn't need to go to the biometric for GTV stage 2 and no need to withdraw the GTV stage 2 application. She can simply fill a new application for family visa and provide the biometric for family visa. Correct?

How will we get refund for the IHS paid for GTV? will it be automatic or should we request for it?

Thanks,

Yes. If there is a pending visa application, a new application will be taken as a variation of the previous one.
Refunds will be given automatically after the new application is decided.

[S_GUPTA]

Thanks. In the new application, since my visa is expired, it is asking "Was there a reason beyond your control why you did not apply before your visa or leave to remain expired?" - Should I say "No"? If I put Yes, it asks for evidence of any doctor's note or proof of death in the family.

[zimba]

Thanks. In the new application, since my visa is expired, it is asking "Was there a reason beyond your control why you did not apply before your visa or leave to remain expired?" - Should I say "No"? If I put Yes, it asks for evidence of any doctor's note or proof of death in the family.

You should say NO.