Who decides which SOC code to use?

[crazyjelly]

Hi,

I have been working as a trainee accountant (CIMA) for my current employer since Dec 2010. My tier 1 PSW visa expires this Nov and my manager has already agreed to help me out with my tier 2 work permit application. Since I am the first and only foreigner in my company,a sponsors license needs to be obtained as the very first thing, which shouldn't be a problem I reckon.

Here comes my concern- the salary requirement and the code of practice. Who actually decides which SOC code suits my job title the best? I (as well as my manager) believe my SOC code is 2421, which refers to "accountants, chartered or qualified". However, only ACCA qualification's been mentioned in the description...I am doing pretty much the same thing as what an ACCA candidate might be doing but with different accountancy body-CIMA. I will be doing my first 3 professional exams in May so am still in the first phase. If my job title fits in 2421, £14000 will be the min. requirement and I reckon my application should be successful as I am meeting the £20k requirement anyway. However if my job falls into either Management Accountant or Financial Technician, my application will definitely fail as the salary requirements for those two categories are higher than what am / will be earning

Would be much appreciated if you could give me some advice !!PLEASE!!! Thanks a lot guys![/b]

[Link-Law Associates]

Dear Crazyjelly,

First; the sponsor licence application process might not be as straightforward as you may think. there is quite stringent compliance process for business sponsors and they have to demonstrate that they can meet all the key areas the UKBA expect...furthermore the UKBA will conduct a compliance audit to check the companies ability to carry out its duties.

Second point to switch from PSW into Tier 2 you will need to have a qualifying academic degree, not a professional or vocational course such as ACCA

It is not a straightforward process, and you will need to consider your position carefully before even thinking about which SOC code is the right one.

You can contact me at info@spammer.com or visit our website www.spammer.com where you will find our phone number if you wish do discuss your situation

Best wishes

M

[Greenie]

Second point to switch from PSW into Tier 2 you will need to have a qualifying academic degree, not a professional or vocational course such as ACCA

Please refer us to the relevent part of the rules that requires a person who already has PSW to have a 'qualifying academic degree, not a professional or vocational course such as ACCA'. One would assume that the OP has UK degree if he has PSW. However, in the event that he got leave under PSW on the basis of a Post Graduate Diploma (before the rules were changed to exclude these)or a professional qualification such as ACCA (as there have apparently been some examples of this happening), where does it say in the rules that he would not be able to switch from PSW to Tier 2?

[crazyjelly]

Hi M,

Thank you very much for your reply. I understood the application for a sponsorship license could be very tricky and I did express my concerns to my manager. However my manager is confident as our company is the biggest cooked meat supplier for one of the largest supermarkets so the size and annual turnover of our firm should be able to meet the UKBA's requirements.

Regarding myself, I graduated from one of the well recognised univeristies in the UK with a first hon degree before starting my career so I should be able to obtain the 10 points for English ability and another 10 for academic achievement without fail...and I have more than the amount reuqired in my bank account for maintenance so it really is the SOC code/salary requirement that frustrates me

Many Thanks,
Crazyjelly

[Link-Law Associates]

Second point to switch from PSW into Tier 2 you will need to have a qualifying academic degree, not a professional or vocational course such as ACCA

One would assume that the OP has UK degree if he has PSW. However, in the event that he got leave under PSW on the basis of a Post Graduate Diploma (before the rules were changed to exclude these)or a professional qualification such as ACCA (as there have apparently been some examples of this happening),

I'm simply clarifying that is the case!

[Greenie]

Second point to switch from PSW into Tier 2 you will need to have a qualifying academic degree, not a professional or vocational course such as ACCA

One would assume that the OP has UK degree if he has PSW. However, in the event that he got leave under PSW on the basis of a Post Graduate Diploma (before the rules were changed to exclude these)or a professional qualification such as ACCA (as there have apparently been some examples of this happening),

I'm simply clarifying that is the case!

but it's not. If an applicant got PSW on the basis of a PgD before the rules changed, this does not mean he cannot switch from PSW to Tier 2.

[madona587]

Hi M,

Thank you very much for your reply. I understood the application for a sponsorship license could be very tricky and I did express my concerns to my manager. However my manager is confident as our company is the biggest cooked meat supplier for one of the largest supermarkets so the size and annual turnover of our firm should be able to meet the UKBA's requirements.

Regarding myself, I graduated from one of the well recognised univeristies in the UK with a first hon degree before starting my career so I should be able to obtain the 10 points for English ability and another 10 for academic achievement without fail...and I have more than the amount reuqired in my bank account for maintenance so it really is the SOC code/salary requirement that frustrates me

Many Thanks,
Crazyjelly

Don't be ignorant and think just because of the scale and reputation of the company its easy to get a license. My company had all the documents but yet was refused twice (Took almost 5-6 months) and got successful 3rd time. This is a common mistake lot of people make.

First get your company licensed. Then work on your SOC/Salary.. You don't have to be paid the SOC salary until you make your application.

Plan this properly and don't wait till the last minute. I see lot of people here post like "I got only a month left and will I get a COS allocation"

Good luck.

[crazyjelly]

Thank you very much for you advice madona:-)

And thanks for others' clarification.much appreciated! X

[Link-Law Associates]

Second point to switch from PSW into Tier 2 you will need to have a qualifying academic degree, not a professional or vocational course such as ACCA

One would assume that the OP has UK degree if he has PSW. However, in the event that he got leave under PSW on the basis of a Post Graduate Diploma (before the rules were changed to exclude these)or a professional qualification such as ACCA (as there have apparently been some examples of this happening),

I'm simply clarifying that is the case!

but it's not. If an applicant got PSW on the basis of a PgD before the rules changed, this does not mean he cannot switch from PSW to Tier 2.

If you acquired PSW with a professional qualification such as a ACCA you should refer to s59 Tier 1 (Post-Study Work) of the Points Based System - Policy Guidance (qualifications that are not acceptable) bullet-point 5 also s54 and s55.

Hence the reason it is not safe to "assume" because some states they have PSW that they will be successful in switching from PSW to Tier 2,

Therefore it is important to clarify that if you attained your PSW through ACCA and you present these documents when switching there is a jeopardy. Just because the UKBA has excepted your original application does not mean that they will except liability if you are switching into Tier 2.
UKBA has made no such statement and it will be at their discretion.

[Greenie]

I am aware of the requirements for PSW and that professional/vocational qualifications and PGC/PGD are not permitted currently. However, we are talking about the requirements for Tier 2. If a person has PSW they do not need to prove again that they were entitled to PSW when switching to Tier 2. If they acquired PSW on the basis of a legitimate qualification that they were awarded points for at that time, for example a post graduate diploma - (which would no longer be sufficient for PSW), it is absolutely safe to assume that they would be able to switch from PSW to Tier 2 providing they score the requistite points. There is no requirement in the rules for Tier 2 that a person who is switching from PSW to Tier 2 has a 'qualifying UK academic degree' and would meet the requirements for PSW now, as they are not applying for PSW now.

It is different of course if it is found that they submitted fraudulent documents to obtain PSW but this is not what we are talking about.

[crazyjelly]

I acquired my PSW with my degree not through CIMA professionals. I only started doing CIMA after I joint my company. They have paid for all the online courses, study materials, CIMA membership subscription and exam etc. and they will continue to pay until I become a chartered accountant in two years<----can this be considered as "allowance" actually?!