Work Permit-Job title-ILR

[littlerice]

I can only say I am a bit shocked by what happened yesterday.

I applied Premium service ILR through my immigration advisor (I did not attend) yesterday and got rejected, and this is the detail.

Work Permit 5 years same employer (a 5-star hotel)
Job title on WP: Management Graduate
Current actual job: Maintenance Supervisor (with one manager above me and 3 assistants below me in the department)
COP SOC code I used in Employer letter: 3114 Building technician with 3-5 years experience.
My current salary is slightly above the COP and 20% above what's on my WP

Everything else is fine, but UKBA is basicly saying my current job is not senior enough, one management graduate should be expected to be some kind of manager by now.

But if you look closely, the salary for "Reception manager in a 4-star hotel or above" in COP is the same as mine, and the salary for "Food and Beverage manager for a 4 star hotel or above"is even below mine. So who are they to say my position is not senior enough, and how senior do I have to be. And when does that become an criteria for ILR?

And anyone who's worked in hotel industry should know that no matter what degree you have, you need to work your way up. And ironically the best way to get promotion in hotel industry is to change job every now and then, and guess what, we can't change job that easily.

This is a bit of a stretch even for UKBA don't you think, my immigration adviser will file for reconsideration on Monday, but any advice here will be welcome and anyone in the same situation please weigh in.

And some more back ground as well, obviously I am not the only "Management Graduate", some before me has already got their ILR before the April rule change with jobs like accountants, and some more will approach their 5-year in the future and as far as i can tell, none has reached a higher position than me, so this is gonna be a problem for them as well.

[geriatrix]

Does SOC 3114 equate to a "graduate level" role/ job listed under Occupation codes of practice for Tier 2 - graduate-level jobs?

If not, then it would appear that a "management" graduate" has been demoted to a role / job that doesn't even require "graduate level" qualification - despite having gained experience over 5 years. And this (change) would have required a "change in employment" authorisation from UKBA.

Logically, a management graduate is expected to progress to jobs / roles where "graduate level" qualification is a prerequisite ... even if the designation for any such role / job may not contain the word "manager".

[littlerice]

So if I were to apply to switch in to Tier 2 now, would my old job title on WP be a problem? Obviously I would have to choose one from the current COP, say the 3114 for the Tier 2, would the difference between that and my old job title prevent me from switching in to Tier 2?

On another note, in the entire COP for graduate level, there is not even one job title for anything in hospitality industry, say you are right that my "Management Graduate" suggest I'm suppose to progress onto a graduate level job, but there is none to choose from.

[geriatrix]

So if I were to apply to switch in to Tier 2 now, would my old job title on WP be a problem? Obviously I would have to choose one from the current COP, say the 3114 for the Tier 2, would the difference between that and my old job title prevent me from switching in to Tier 2?

Reading the policy guidance will help. Perhaps existing WP holders are allowed a concession on the issue.

On another note, in the entire COP for graduate level, there is not even one job title for anything in hospitality industry, say you are right that my "Management Graduate" suggest I'm suppose to progress onto a graduate level job, but there is none to choose from.

Well, it just means that the job you are doing is not amongst those for which non-EU migrants can be sponsored.

Post queries regarding Tier 2 switch in this forum.