Impact of New SOC Code

[ILR05]

Dear Senior Members,
I have entered UK through WP in 2008 and later extended my visa in Tier2(ICT) category each year, 2010 onwards. Currently my VISA is valid till 2014. My SOC Code is 2131-Project Manager. As per existing SOC code information the minimum annual salary should be £39K. My actual salary is well above minimum salary threshold.
TODAY new code of practice for skilled worker has been revealed. The link is as follows:

http://www.homeoffice.gov.uk/publicatio ... iew=Binary

It says “The new criteria will apply to Tier 2 migrants who were already in the route before 6th April, if they make applications for settlement”
My Questions :
1.Since I am on Tier2(ICT) visa so I have to take a employer letter mentioning my SOC Code. Which SOC code I need to mention in my letter? Currently my SOC code is 2131 however it has changed to 2139(as per new SOC Code).
2. What other impact because of new SOC code?

[Kevin24]

MY SOC Code has remains the same but the annual salary has gone up by £1,500. This has to be mentioned in My Employer;s letter. In your case you need to mention both the SOC Codes. Before and after 06/04. For easy reference by the CW.

[ILR05]

My employer may not agree for both the code as I have been working for almost 5 years on the same code. In each extension application current SOC code was mentioned.

Probably I can carry a written letter explaining the situation to case worker.

Please advice.

[uksettlement]

My employer may not agree for both the code as I have been working for almost 5 years on the same code. In each extension application current SOC code was mentioned.

Probably I can carry a written letter explaining the situation to case worker.

Please advice.

That should be considered.

[Kevin24]

My employer may not agree for both the code as I have been working for almost 5 years on the same code. In each extension application current SOC code was mentioned.

Probably I can carry a written letter explaining the situation to case worker.

Please advice.

You should be o.k,if the current SOC code has been mentioned. Is it because of salary increase your Employer might not agree,for 2 SOC codes.?

[ILR05]

I agree with you Kevin24. I am working with same employer with same role and same SOC code from around last 5 years. My salary has increased around 40% in last 5 years. It is well above mentioned salary in SOC code 2010.
My only worry is how caseworker will verify my SOC code 2131 with COP 2010.
SOC code 2131 will not appear in COP2010.
Caseworker can only verify with section J of COP 2000.
UKBA must bring transitional arrangement for cases like me. There should be clear guideline to caseworker. It should be clarified, dropped SOC of COP 2000 will be matched with which SOC code in COP 2010 (at the time of ILR)
I am expecting one of ILR transition document will provide this clarity.

[Kevin24]

Why don't you carry an Employer's letter clearly explaining the above. If CW asks only you give it,if you are intending to go for a PEO appointment. CWs are sufficiently trained to expect these unusual problems. 40% increase in salary over 5 years,must be a good Employer.

[ILR05]

Dear Members,

I am following UKBA ‘change of immigration rule’ especially 245GF section. This section is for Tier2 (ICT) Requirements for ILR section.
Today new immigration rule has emerged in UKBA site. Although new rule has come in place however there is no impact on SOC code.
The section 245GF (e) says
(e) The sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must certify in writing that:
(i) He still requires the applicant for the employment in question, and
(ii) He is paid at or above the appropriate rate for the job as stated in the Codes of Practice in Appendix J.

FACT: For Tier2 ILR cases, still old code of practice i.e. COP 2000 is referred. (Please check section 245GF (e) or 245HF (d)
My Understanding: For Tier2 (ILR) cases, Old code of practice i.e. COP 2000 will be referred for some time. In the employer letter, old SOC should be mentioned.
I am concluding this because new codes of practice i.e. COP 2010 will be enforced from 6th April2013. Anyone who will get TIER2 visa from 6th April 2013, whether through Tier2 extension or Tier2 fresh visa will be eligible for ILR after some time(depend upon how much time left for completing 5 years)
The people who are eligible for ILR immediately (in near future) through Tier2 category have to mention old SOC code.
I have to take employer letter mentioned SOC Code as per code of practice 2000. In my case it will be 2131 (from old SOC Code). In new SOC code it is mapped with other numbers.
Can someone confirm my understanding?

[ILR05]

Dear Respected Members,

Please confirm my understanding.


Thanks.

[Kevin24]

Dear Members,

I am following UKBA ‘change of immigration rule’ especially 245GF section. This section is for Tier2 (ICT) Requirements for ILR section.
Today new immigration rule has emerged in UKBA site. Although new rule has come in place however there is no impact on SOC code.
The section 245GF (e) says
(e) The sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must certify in writing that:
(i) He still requires the applicant for the employment in question, and
(ii) He is paid at or above the appropriate rate for the job as stated in the Codes of Practice in Appendix J.

FACT: For Tier2 ILR cases, still old code of practice i.e. COP 2000 is referred. (Please check section 245GF (e) or 245HF (d)
My Understanding: For Tier2 (ILR) cases, Old code of practice i.e. COP 2000 will be referred for some time. In the employer letter, old SOC should be mentioned.
I am concluding this because new codes of practice i.e. COP 2010 will be enforced from 6th April2013. Anyone who will get TIER2 visa from 6th April 2013, whether through Tier2 extension or Tier2 fresh visa will be eligible for ILR after some time(depend upon how much time left for completing 5 years)
The people who are eligible for ILR immediately (in near future) through Tier2 category have to mention old SOC code.
I have to take employer letter mentioned SOC Code as per code of practice 2000. In my case it will be 2131 (from old SOC Code). In new SOC code it is mapped with other numbers.
Can someone confirm my understanding?

I think you should be correct in your understanding. Any way there will be a New Set O form and New Guidance after 06/04/2013. Let's see what's in both,before we assume any thing.

[ILR05]

Thanks Kevin for your response.

If new form has to come, it should be published by this time. Not much time left for 6th April.

New immigration rule has alreadt been published on 14th March with lots of changes so I have doubt more changes will emerge before 6th April. They have also declared COP applicable till 5th April and COP applicable on or after 6th April.

[santoshc]

Hi ILR5
Hope you are doing good and got your ILR. I am on same boat and would like to know what which SoC code we have to enter in employer letter? I mean we can use old one like 2132 or we have to enter new one mapped with old one? Really appreciate a lot if I can get reply on this from you. Really struggling to get more details on this.
Thanks in advance.

[ILR05]

As per my understanding new SOC code should be used. Please check your job reonsibilities, it should closely match with one of SOC code from SOC code 2010 guideline.

[vickskul]

Hi Tier2 ICT folks,
I have a question regarding how to calculate effective salary. In the Tier2 policy document, I understood that the actual salary that UKBA takes into account is the salary component divided by 70%. i.e. they will not take the sum of salary + allowance into account.

Does that really apply if we have been in Tier 2 before 6-Apr-2011? I am bit confused on this and honestly would appreciate if senior members can clarify the expectations from UKBA.

Will I need to mention the total salary or the split (salary and allowance) in my employer letter?

I am really worried on this.

Thanks
Vikram