PSW to Tier 2 G approved but confused on SOC

[fahmad]

My visa has been approved. During the application process, as usual, my employer assigned me a CoS but had entered the wrong SOC (my salary still matches this SOC requirement). However, we realised this was wrong and so my employer phoned the UKBA sponsorship helpline for employers. My employer was advised to put a sponsor note in tbe CoS notes section to say that the SOC initially given is incorrect and supply them with a new SOC code as given in the notes. The UKBA helpline sAid thats all they can comment at that time as the note will be considered during the caseworker's decision.

I have since got my visa approved. As I wanted to be sure the visa was approved on the correct SOC code rather than the wrong one. I asked my employer to check with the UKBA. They responded via email saying they are unable to check but I as the visa holder can contact and ask my caseworker. they also added to say the notes section should not be used to change a vital information such as the SOC code and this info is mentioned in the employer's guidance. They added usually they don't allow SOC changes through the notes section but it is at the discretion of the caseworker. In my case the change of the SOC code really doesn't have an impact at that point as both are NQF level 6 codes and both i meet min salary requirements. It won't invoke a RLMT at that point as I am changing from PSW to T2G in either case. My job description can match both but the wrong one however is less accurate than the right one (plus in future if i progress in my career it will be inclined more towards the second code that is correct). In this instance the helpline individual seem to have given the wrong advice. However what that makes it really confusing is that although the written guidance for employer mentions that SOC changes should not be noted in the notes section of the CoS, and the fact my employer wrote that on the helplines advice, my visa was still approved but we dont know which SOC code it was approved under. The only way I can contact my caseworker is by post (address and name on approval letter according to the Immigration Enquiry Bureau phone line, they also asked me to send by rec delivery). I have sent my letter to enquire and given my phone numbers as well.

My question is if any of the gurus here know what is the likelihood they ignored the note and put the wrong code and approved? I would have thought if there was two conflicting info on the CoS they would a) refuse outright b) use their discretion and go with the right code as explained in the notes.

Now I an quite worried, as i have been approved with T2G my psw has been cancelled and BRP destroyed. But I am on a visa, just not sure a valid or invalid one. If it's valid all good. If not valid - not sure what to do? I cant really 'appeal' can I as nothing has been refused. In the UKBA's eyes (extreme scenario), they will say I need to make a fresh T2 application but if I do that I will be a T2G to T2G applicant, not PSW to T2G. So will require a RLMT. They will also curtail my current incorrect visa and leave me with 60 days to get everything sorted. What are your thoughts on this?

To be honest I would rather them had my application refused the other day and gave back all my docs in PSW as it only expires in Oct, and I can make a fresh app then. But now approved, I don't have PSW but have a T2G that i am not even sure if it's valid or not. If any one can offer any advice if legally what I can do? etc Just want to be prepared from now on so that I have more time to action things when it comes than to only start thinking then. Any help appreciated. Thanks

[manci]

Your CoS has now been "used" and your sponsor can find out through the SMS what SOC code and job title/description are in it, i.e. whether it is the original or the revised.

You have a valid visa and have nothing to worry about, or to be prepared for, even if there is a mismatch between the CoS and what you put in your application.

[fahmad]

Hi Manci,

Many thanks for your reply.

It's weird I am asking my employer to log in to check on the SMS (I seem to know more about the SMS than they do!) and they seem not to be able to log in the system and check?? I am sure they can check on the used CoS right? And there it should show the details wouldn't it?

Thanks for making me feel better about the situation. The only point I am worried is that I am doing a job under code 2423 (which was what my HR sent to the UKBA through the SMS notes section on my CoS when the certificate was still live). THe initial code that they entered (before they amended through the notes section) was 3435 which is not exactly the job I am doing (it's what the company does but not my job!)

I am guessing the caseworker MUST have read the note, and the fact that he approved it he must have approved it using the right code. It would be dumb to see that there is an amend requested via the CoS notes but still approve using the wrong code. If he did not accept the notes, then he (in my opinion) would sensibly just reject the application saying that we should put in a new application as there is a mismatch on the SOC.

But you just never know! That's why I am worried. I hope the case worker lets me know back what SOC he used to approve my application.

[ramya80]

Cant find this code in the SOC list 3435. if your employer entered this as the SOC code and then noted as 2423 the caseworker must have considered your note and processed your T2 if not they would have rejected your initial application because there isn't any profession under 3435 in the SOC list.

So there's nothing to worry I guess

[fahmad]

Sorry it was 3534 got it the other way around. Basically 3534 investment/financial advisor, 2423 business analyst. My company is an investment company but what I do is more business analyst sort of work. So the CoS was entered with 3534 to start with then 2423 put in as a note in the CoS afterwards but before the application was approved. I have since received my visa but question is not sure if they approved it based on 3534 or 2423. I would have thought it would be a bit stupid of the caseworker to still approve my visa despite a note saying I am in a different job code. It's just like saying hey there's a mistake on there but he approved it using the wrong info despite him reading the message! So I would have thought a sensible person would correct it - or if he follows strictly by the books and doesnt use his discretion he should just refuse the application as he can say well yeah its a mistake but you should have made a new CoS not send a note update, so reject. But like I said you just never know as there are people who are plain stupid out there and there is that chance where he ignored the note and just processed with the wrong 3534. Oh well. Just hope he responses to my letter asap hate waiting. Anyone who has written to their caseworker with a query before care to share how long do they usually take to respond? I sent mine via special delivery and got proof of delivery and they received it this morning. You reckon waiting for weeks again or not too long? just if you guys had experience in the past? its just annoying no phone no or email!