Got Refusal

[Ahmd_64]

Hi Guys,
visa applied 26 of July 2013
acknowledgement letter 14 of August
Bio Matrics 23 of August 2013
Refusal 9 of September 2013

Before telling reasons i want to tell what type of Business i am doing. I am energy assessor and showed business of Energy. Before selling and Letting a property landlord, estate agents, solicitors needs energy performance certificate. I am providing domestic, commercial EPC and Green Deal.i gave three contracts Estate Agents. My job role in business is compliance and control manager which NQ Level 6.
Now reasons of Refusal. 1) My Job Title does not demonstrate Appendix A (J)
Reason 2) my two estate agents do not demonstrate the services which i am providing to my clients. on the other hand 3rd estate agent is doing same business which other 2. My job title is 100% according to Appendix A (J) NQ Level 6 (code of practice shows my role 100%). they have given appeal right and my solicitor have appealed.
Please pray for me and others. Good Luck to others

[RizKCB]

There is no profession like 'compliance and control manager' in appendix J. There is 2462 which states 'Compliance Manager'. Even if you search for SOC 2010 Vol 2, there is no profession with 2462 having name 'Compliance and Control Manager'.
Why did you select 'Compliance and Control Manager'? I mean when there is a separate Level 4 job title 'Energy Advisor' or 'Energy Assessor' for you which is 3531 and you have done related courses and took accreditations for your work. Your core services are energy assessment whether Green Deal or to produce Domestic/Commercial Energy Performance Certificates.

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in addition to above I strongly recon new applicants to paste more than one SOC codes on application form as in most cases an applicant himself is the employee to his own company doing everything.. Border agency does not mind when you provide more than one codes because you actually do all that you claim you work at those positions for your company..

[Ahmd_64]

Quality assurance and regulatory professionals
Example job tasks:
 develops and implements visual, physical, functional or other appropriate measures and tests of
quality;
 analyses and reports upon the results of quality control tests to ensure that production remains
within specification;
 considers the impact of legislation upon specification requirements;
 examines current operating procedures to determine how quality may be improved;
 examines operating procedures to ensure the process and the product meet regulatory standards
and implements changes necessary to ensure compliance.
Related job titles:
 Compliance manager
 Financial regulator
 Patent attorney
 Quality assurance manager
 Quality manager

actually two rules were made together bcz in my profession every survey goes through audit and quality bcz Govt and people funding is involved. wrong energy report can create trouble. two related title were joint together by my solicitor.

[Ahmd_64]

SOC 3531 comes in construction survey. it does not come in energy assessor.

[RizKCB]

1) The way you joined two roles in a single title is based on your solicitor's personal philosophy. I dont see any related published guidlines to do so. Neither it is possible by case worker to understand the story behind this title.

2) You are an energy assessor which you are claiming. To find out whether your energy report is upto certain standard is the responsibility of your accreditation body. Your accreditation body will perform your audits whether the Energy Performance Certificate is fine or not. You dont need to do anything.

3) As a service delivery to your clients; you provide Energy Assessment Reports upon request.

4) The 'Compliance' here means that you are checking something according to FCC (Federal Communications Commission) Rules OR ISO (International Standard Organisation) Standards etc etc. Does those Estate Agents are involved in any such activities so that You as a Compliance Manager provide them services.

5) Read SOC 3531 thoroughly in SOC 2010 Vol 1 . Your activities fall under that. Then search all title associated with 3531 in SOC 2010 Vol 2.

[Ahmd_64]

Thanks for nice feedback.
now please tell me something because case is in appeal. what should i say in front of judge? what points shall i raise with my solicitor? plzzzzz give your usefull views
thanksssss

[RizKCB]

In my opinion, the difficult thing which I could feel is the word in Title 'Compliance and Control Manager'. Because definitely you have written it in application with some SOC Code. Which is not present OR little bit different in appendix J.

Other things like what services you mentioned as 'Compliance and Control Manager' and what should your client demonstrate is arguable in tribunal. Better to discuss with your solicitor first. You have enough time to appear in court. You might get better suggestions during this time.

And also dont loose heart. To reply you about your refusal and giving my views means to let you get an idea where mistake is done. Because until you dont get that idea, you would not be able to address your problem effectively. Also make sure your solicitor prepare appeal properly. Dont let him to refer a mixture of two different rulings as a single one this time.

[Ahmd_64]

I read about COS 3531. you are right i can use energy advisor or energy assessor but i had problem. i tried to switch PSW to Entrepreneur 1. i did graduation here and energy course which are level 3. energy advisor or assessor has to work in field like assessments. according to Appendix A (J) i should have any role in company. this Title was not correct bcz Case worker easily understand that energy course level 3 and his role will be level 3 as a assessor in field. Assessment is checked by accreditation body,Green Deal Organisation. in green deal GDO asks for audit, Accreditation body as well then DECC can be. a wrong report can suspend assessor accreditation and In green deal assessor could be in trouble and GDO as well. so my role was best bcz i send cv that i will check data before lodging reports, i will see photos, assessment forms, will contact customers for audit and feedback....etc. so my Title Compliance and Quality assurance manager.in 2462 COS suggests this. Case worker said it is not in Appendix A (j) accordance with SOC of UKBA. so please help me with useful and valid points and suggestions....
Thanks

[TSAZ]

I read about COS 3531. you are right i can use energy advisor or energy assessor but i had problem. i tried to switch PSW to Entrepreneur 1. i did graduation here and energy course which are level 3. energy advisor or assessor has to work in field like assessments. according to Appendix A (J) i should have any role in company. this Title was not correct bcz Case worker easily understand that energy course level 3 and his role will be level 3 as a assessor in field. Assessment is checked by accreditation body,Green Deal Organisation. in green deal GDO asks for audit, Accreditation body as well then DECC can be. a wrong report can suspend assessor accreditation and In green deal assessor could be in trouble and GDO as well. so my role was best bcz i send cv that i will check data before lodging reports, i will see photos, assessment forms, will contact customers for audit and feedback....etc. so my Title Compliance and Quality assurance manager.in 2462 COS suggests this. Case worker said it is not in Appendix A (j) accordance with SOC of UKBA. so please help me with useful and valid points and suggestions....
Thanks

Hi,
Sorry to your refusal.
Services not included in the contract is not a big issue.it could be easily resolve in appeal hearing.only point to worry is your job role.i work in this field and know about it.
It's really very important to justify your role,I mean EPC is the job role of Grean Deal Advisor,if you position yourself in a way that you get contracts from Govt funded companies and pass on to small companies or individuals who do field surveys and EPC's.

[Ahmd_64]

different assessors will do field work i will manage in office. my brother is running DEA/GDA course training centre which is on my name. we will take services from our students who will do course from our (www.trainingmove.co.uk) centre. i know assessors who ask EPC jobs...

[RizKCB]

I read about COS 3531. you are right i can use energy advisor or energy assessor but i had problem. i tried to switch PSW to Entrepreneur 1. i did graduation here and energy course which are level 3. energy advisor or assessor has to work in field like assessments. according to Appendix A (J) i should have any role in company. this Title was not correct bcz Case worker easily understand that energy course level 3 and his role will be level 3 as a assessor in field.

Please donot connect the level of course with level of role. Once again you are going to de-track yourself. HO do not stress the level of degrees and courses. However they expect that you have experience or attitude to develop your proposed business and invest in the economy as you promised at the time of application. The biggest problem is that people try to possess Level 6 to prove that they are something extra. Be clear and to the point.

I give you 2 examples:

1) Software Tester: SOC 2139: is at Level 6. To be a Software Tester, if you buy £20 book and pass £130 certification; You are ready to land in this industry. This is a foundation certification by British Computer Society and you dont need to have any previous experience in IT. If somebody has a passion for this industry with Mathematics background; No Problem. All he needs to possess passion and business plan to prove that he could do that.
2) MSc in Computer Science is at Level 7. Now will you look for Level 7 role?? And if you want to choose Software Tester field then the industry would prefer who is certified person with £20 book and £130 certification with the knowledge. MSc person could be there but might be at second priority.

Assessment is checked by accreditation body,Green Deal Organisation. in green deal GDO asks for audit, Accreditation body as well then DECC can be. a wrong report can suspend assessor accreditation and In green deal assessor could be in trouble and GDO as well. so my role was best bcz i send cv that i will check data before lodging reports, i will see photos, assessment forms, will contact customers for audit and feedback....etc.

The above interaction is between you, your working procedures and your accreditation body. You have to fulfil your professional procedures anyway while doing assessment. It has nothing to do with Services you deliver to your client. Even this is not administrative work because these are obligations to your accreditation body.

so my Title Compliance and Quality assurance manager.in 2462 COS suggests this. Case worker said it is not in Appendix A (j) accordance with SOC of UKBA. so please help me with useful and valid points and suggestions....
Thanks

As your business activity, you are doing energy assessment. Keep things simple. Dont need to put level 3 courses in front, instead focus on certificates from your accreditation bodies like Storma, Elumhurst, ECMK etc etc. Those certificates clearly state your name and your certification capacity i.e. ENERGY ASSESSOR. Compliance and Quality assurance manager 2462 is out of scope here.

I may give you points in a few days to prepare appeal but discuss with your solicitor first to shape the stuff finally.

[Ahmd_64]

Thanks. i will wait for your more suggestions

[TSAZ]

I read about COS 3531. you are right i can use energy advisor or energy assessor but i had problem. i tried to switch PSW to Entrepreneur 1. i did graduation here and energy course which are level 3. energy advisor or assessor has to work in field like assessments. according to Appendix A (J) i should have any role in company. this Title was not correct bcz Case worker easily understand that energy course level 3 and his role will be level 3 as a assessor in field.

Please donot connect the level of course with level of role. Once again you are going to de-track yourself. HO do not stress the level of degrees and courses. However they expect that you have experience or attitude to develop your proposed business and invest in the economy as you promised at the time of application. The biggest problem is that people try to possess Level 6 to prove that they are something extra. Be clear and to the point.

I give you 2 examples:

1) Software Tester: SOC 2139: is at Level 6. To be a Software Tester, if you buy £20 book and pass £130 certification; You are ready to land in this industry. This is a foundation certification by British Computer Society and you dont need to have any previous experience in IT. If somebody has a passion for this industry with Mathematics background; No Problem. All he needs to possess passion and business plan to prove that he could do that.
2) MSc in Computer Science is at Level 7. Now will you look for Level 7 role?? And if you want to choose Software Tester field then the industry would prefer who is certified person with £20 book and £130 certification with the knowledge. MSc person could be there but might be at second priority.

Assessment is checked by accreditation body,Green Deal Organisation. in green deal GDO asks for audit, Accreditation body as well then DECC can be. a wrong report can suspend assessor accreditation and In green deal assessor could be in trouble and GDO as well. so my role was best bcz i send cv that i will check data before lodging reports, i will see photos, assessment forms, will contact customers for audit and feedback....etc.

The above interaction is between you, your working procedures and your accreditation body. You have to fulfil your professional procedures anyway while doing assessment. It has nothing to do with Services you deliver to your client. Even this is not administrative work because these are obligations to your accreditation body.

so my Title Compliance and Quality assurance manager.in 2462 COS suggests this. Case worker said it is not in Appendix A (j) accordance with SOC of UKBA. so please help me with useful and valid points and suggestions....
Thanks

As your business activity, you are doing energy assessment. Keep things simple. Dont need to put level 3 courses in front, instead focus on certificates from your accreditation bodies like Storma, Elumhurst, ECMK etc etc. Those certificates clearly state your name and your certification capacity i.e. ENERGY ASSESSOR. Compliance and Quality assurance manager 2462 is out of scope here.

I may give you points in a few days to prepare appeal but discuss with your solicitor first to shape the stuff finally.

Really very good points made by RizKCB,
Thanks for making it clear,it will help a lot to everyone.and I hope for Ahmd to win in appeal inshallah

[Amber]

Hi Guys,

I need information about appeal processing time. I appealed on 17th of September but have not received any reply from tribunal. Please can you tell me how long will be the processing? When can i have hearing date according to current tribunal process?????[/b]