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WP to ILR (SOC Code Help!)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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thermalboyz
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WP to ILR (SOC Code Help!)

Post by thermalboyz » Thu Aug 16, 2012 3:44 pm

Hi all,

Apologies if this topic already been discussed but i've searched this forum and have not yet find a solution. Please if anyone have similar experience with this help?

My WP start at 16 Oct 2007 and ends 16 Oct 2012. Base on the SOC code i am Section M - 2129 Code for minimum £14.76 / hr. or £23k as graduate.

The issues is my hourly rates does not meet the minimum SOC code. My hourly rate based on Annual Salary / 52 wks / 40 hrs.

1) Just wonder what can be done by my Company HR?
2) Are there any options of making my minimum matched the SOC?
3) My SOC cannot be changed because it matched exacly as shown in 2129.
4) Can i classified as graduate after 5 yrs? (If do then my rates will be above the minimum 2129 rate)

Comments and experiences are much appreciated. Thank you.

jay09
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Re: WP to ILR (SOC Code Help!)

Post by jay09 » Thu Aug 16, 2012 5:36 pm

hI

We are in the same both. My code is 2129 (Geo-environmental engineer) and I am due ILR in early November. If i am classed as gradute, then i will meet the £23k, but if under £14.76/hr i will be short by just under £3k. I've spoken to my employer and he may be looking to increasing wage this month to cover this shortfall.

Please note that as at October last year, my SOC was under Civil Engineering and under that SOC i would been comfortable with the expected salary. Just bad luck that the Migration advisory committe had to move my code around so many times.

Keep me posted.
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

[quote="thermalboyz"]Hi all,

Apologies if this topic already been discussed but i've searched this forum and have not yet find a solution. Please if anyone have similar experience with this help?

My WP start at 16 Oct 2007 and ends 16 Oct 2012. Base on the SOC code i am Section M - 2129 Code for minimum £14.76 / hr. or £23k as graduate.

The issues is my hourly rates does not meet the minimum SOC code. My hourly rate based on Annual Salary / 52 wks / 40 hrs.

1) Just wonder what can be done by my Company HR?
2) Are there any options of making my minimum matched the SOC?
3) My SOC cannot be changed because it matched exacly as shown in 2129.
4) Can i classified as graduate after 5 yrs? (If do then my rates will be above the minimum 2129 rate)

Comments and experiences are much appreciated. Thank you.[/quote]

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thermalboyz
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Post by thermalboyz » Thu Aug 16, 2012 5:57 pm

Hi,

My case is a bit different and i do not know are there any options to back-up my SOC code.

More information about myself.

WP issued as "Traffic Engineer" therefore now is SOC 2129 with £14.76 minimum but i am about £4k short. Back in 2010/11 my company re-structure and group all the job title into manageble amount. So, my "Traffic Engineer" title stated on my Original WP letter in 2007 now become "Assistant Engineer" from my Company letter.

Just thinking the PEO will based judgment on original WP Job title or my employer letter job title? If it will based on my employer letter than i might be able to change SOC code from 2129 to 2121 / 3113 which my current salary will match the minimum criteria.

Otherwise i have no choice and can only do visa extension under Tier 2.

tvj
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Post by tvj » Fri Aug 17, 2012 7:47 am

thermalboyz wrote: Just thinking the PEO will based judgment on original WP Job title or my employer letter job title? If it will based on my employer letter than i might be able to change SOC code from 2129 to 2121 / 3113 which my current salary will match the minimum criteria.

Otherwise i have no choice and can only do visa extension under Tier 2.
Just my thoughts here. Home office would normally go by the original WP job title, so ideally the employer letter should match with the WP job title.
If there is a change in job title/role ideally they say that we need to submit a technical change.

I had my ILR done and one of the questions was, was there any change in role during the WP tenure.

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thermalboyz
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Post by thermalboyz » Fri Aug 17, 2012 9:09 am

Thanks tvj,

I hope the CW will consider looking at my company letter. I can explain the situation to CW if nessesary but i do not know the chances of winning by doing this. I do not want to spend so much money on Premium service and not getting it in the end.

The time when company re-structure, i've told HR that my title changed and we've been through the process and finally HR still satisfied that i am doing the same job and no need to submit a technical change. (Am i thinking HR is tricky on this by that time?)
Last edited by thermalboyz on Fri Aug 17, 2012 9:42 am, edited 1 time in total.

tvj
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Post by tvj » Fri Aug 17, 2012 9:17 am

thermalboyz wrote:Thanks tjv,

I hope the CW will consider looking at my company letter. I can explain the situation to CW if nessesary but i do not the chances of winning by doing this. I do not want to spend so much money on Premium service and not getting it in the end.

The time when company re-structure, i've told HR that my title changed and we've been through the process and finally HR still satisfied that i am doing the same job and no need to submit a technical change. (Am i thinking HR is tricky on this by that time?)
Could be a good idea to get booked into Solihull. Also my recommendation would be explain only when asked.

All the best.

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thermalboyz
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Post by thermalboyz » Sat Aug 18, 2012 6:30 am

any other comments/ advices will be much appreciated.

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thermalboyz
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Post by thermalboyz » Tue Aug 21, 2012 1:22 pm

Any more comments/ advise will be much appreciated.

ak36
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WP to ILR (SOC Code Help!)  

Post by ak36 » Tue Aug 21, 2012 10:48 pm

Hi
Sorry I don't agree with tvj on one thing. I am a WP holder and got my ILR last week from Croydon PEO. I had given my own SOC code to HR which they included in my employment letter as this was the best one for my role. Also to mention, I had the same employer throughout my 5 year WP during which my job title changed three times in the same company.

Now let me tell you what happened in my appointment. When the caseworker asked for my employment letter, the first thing that checked was SOC code and my salary (per annum). He was absolutely ok with that. Now as I mentioned that my job title has changed three times during five year and I was slightly concerned about it because I had never applied for technical change but the caseworker never asked for my original WP letter and was least bothered about my original job title which was in my WP letter. Hope this will solve some of your confusion.

All the very best for your ILR.

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thermalboyz
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Post by thermalboyz » Wed Aug 22, 2012 9:52 am

Hi ak36,

Congrats to your ILR. I am actually the same situation as you. Job title changed but no major change of role/ work i am doing. Still working with the same company.

May i ask you few more questions because i am bit concerned about the SOC minimum salary.

Thanks for your useful information and experience shared.

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thermalboyz
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Post by thermalboyz » Fri Aug 24, 2012 9:28 am

Hi all,

A bit of update of my situation. HR agreed to do technical change for my job title back date to 2010/11. So, then my SOC code won't have any problem meeting the criterias.

Just want to ask the guru's and expert here is it too late to make technical change now just one month before my ILR application? Are there anything i need to aware of?

Thank you very much and i am very greatful i've joined this forum.

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thermalboyz
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Post by thermalboyz » Tue Sep 11, 2012 3:46 pm

Bit of update.

My company HR had sumitted the Technical Change last 2 weeks ago. Do any expert know how long will it takes to update / receive a confirmation letter of technical change completed? I am worried that the letter might not arrive on-time for ILR application and based on your expertise is this confirmation letter classified as important supporting documents for ILR?

Please advise.

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thermalboyz
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Post by thermalboyz » Mon Sep 17, 2012 1:56 pm

Any sugguestion? My ILR will be on 27th Sept and still awaiting for Confirmation letter of Tech Change from Home Office.

I am worried that if I don't get it on time the CW will not even look at my application? Please Help! :oops:

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