COS Code confusion

[irfanzafar]

Respected All,

I am currently working as Data Analyst (COS-2135 & RQF Level-6). I have been offered another job with a different employer. I have checked new COS code with HR Dept and they think that new job falls under (COS-3541 & RQF Level-4). However, I found a similar COS-1133 with RQF Level-6 to suggest to HR dept. Below is the example job tasks summary for both codes.

3541 Buyers and procurement officers (RQF Level-4)
Example job tasks:
• Attends trade fairs, shows and demonstrations to research new product lines and suppliers, checks catalogues;
• Keeps up with market trends and chooses products/services;
• Assesses budgetary limitations and customer requirements and decides on quantity, type, range and quality of goods or services to be bought;
• Assesses bids from suppliers, finds suppliers and negotiates prices;
• Helps negotiate contract with supplier and specifies details of goods or services required;
• Looks at ways to improve supply networks, presents new ideas to senior management team;
• Ensures that delivered items comply with order, monitors quality of incoming goods and returns unsatisfactory or faulty items, monitors performance and makes sure targets are met;
• Supervises clerical, administrative and warehouse distribution staff, deals with recruitment and training;
• Works closely with merchandisers who allocate stock and develop sales forecasts;
• Maintains records and prepares reports as necessary.

Related job titles:
Buyer
Procurement officer
Purchasing consultant

1133 Purchasing managers and directors (RQF Level-6)

Example job tasks

• Determines what goods, services and equipment need to be sourced;
• Devises purchasing policies, decides on whether orders should be put out to tender and evaluates suppliers’ bids;
• Negotiates prices and contracts with suppliers and draws up contract documents;
• Arranges for quality checks of incoming goods and ensures suppliers deliver on time;
• Interviews suppliers’ representatives and visits trade fairs;
• Researches and identifies new products and suppliers;
• Stays abreast of and ensures adherence to relevant legislation regarding tendering and procurement procedures.

Related job titles:
Bid manager
Purchasing manager

My questions are....
1-Does job title need to be exactly same as suggested is Codes of Practice?
2-Is it possible for HR dept to allocate COS code from Level-6?
3-Just want to reconfirm that I can't move from Level-6 to Level-4?

Thanks a lot for your valuable time and advise in advance.

[iworker]

u cant be sponsored on tier 2 visa for nvq level 4 job. It has to be a min of level 6 job.
deciding the soc code is the responsibility of employer and u cant have any say in it.

[firecube]

If you use cos 3541 you will be rejected. Clearly the hr you are deally with has no idea what they are doing for tier 2.

You are correct they should use 1133. However the job title, job description must also align witht this. Looking at the two they seem quite similar except one is slightly more senior. Also check you are earning the minimum experienced salary for 1133.

If they dont agree to change u are out of luck.. dont quit your current job.

I would also double check everything they do going forward because u are clearly dealing with someone who does not know tier 2. Try to get them to hire a lawyer on your behald if they dont know how to handle themselves (it really isnt very complicated but some hr folk cant figure it out)

[Djsuccess]

More importantly, youR new employer will need to carry out a proper RLMT because you are changing employer and also changing Occupation code. And your new job is not on shortage list. As you have been advised, don't resign from your current job until you have your new visa.

[irfanzafar]

Thanks all for your valuable feedback.

The job was advertised for 19 days in first instance. I was interviewed and offered the post. Then they re-advertised the post for further 2 weeks and conducted interviews etc. I was told that as my score was the highest therefore they are offering me the job. So, I believe that I was offered the post after a fair RLMT process meeting the experienced salary threshold.

Iworker, I know HR has to decide the COS code but if they are doing something that results in my application rejection then I think I must ring the bell.

Firecube, I agree with you that 1133 is for a senior role however I have found another code (2423) which seems a perfect match but my new Job Title (Procurement Project Support Officer) and Suggested Titles are different. Does it create any problem ?

2423 Management consultants and business analysts (RQF Level-6)

Example job tasks

• Assesses the functions, objectives and requirements of the organisation seeking advice;
• Identifies problems concerned with business strategy, policy, organisation, procedures, methods and markets;
• Determines the appropriate method of data collection and research methodology, analyses and interprets information gained and formulates and implements recommendations and solutions;
• Advises governments, commercial enterprises, organisations and other clients in light of research findings;
• Runs workshops, and addresses seminars, conferences and the media to present results of research activity or to express professional views.

Related job titles:
Business adviser
Business consultant
Business continuity manager
Financial risk analyst
Management consultant

Salary rates:
New entrant: £22,900
Experienced worker: £30,700

[new2here]

"My questions are....
1-Does job title need to be exactly same as suggested is Codes of Practice?
2-Is it possible for HR dept to allocate COS code from Level-6?
3-Just want to reconfirm that I can't move from Level-6 to Level-4?"

Check out this guidance: https://www.gov.uk/government/uploads/s ... 5-2017.pdf (from page 118).


Also, you said that the company said that you scored the highest, but basically, the company MUST give preference to a settled worker/permanent resident/British citizen if this person meets the minimum requirements; it doesn't matter that you have better qualifications.

"...you must appoint the settled worker even if the migrant is more skilled or experienced. The only exception is if the job falls within one of the PhD level standard occupation classification (SOC) codes listed in Table 1 of Appendix J of the Immigration Rules; when you can appoint a migrant if they are the most suitable candidate."

For eg.:

Job asks for a BSc and 3 years experience

i. British citizen has a BSc and 3 years experience

ii. you have a Master's and 8 years experience

Even so, the British person is supposed to be employed because they meet the minimum requirements.

Do not quit your current job. Try to read and understand the guidance and ensure that all your ducks are in a row.

Best wishes.

[firecube]

Job description is generally more important than the actual job title. So title does not need to be exact but should probably bear some resemlance.. eg have either procurement or analyst in the name.

Also the rlmt and the job descriptions submitted to ukvi for the cos should align - ukvi do check this stuff. That is even assuming your company ran the ad correctly with all the correct fields and kept all the right records - which frankly I highly doubt they did.

To me your current situation has concerns and the company should engage an immigration lawyer to advise.
Think they then need to decide if they want to position the role as procurement manager role or an analyst role.

They may need to conduct a new rlmt and make sure the role is positioned at the proper level and description. While they can't gerrymander the new description to just suit you the could however tighten up the criteria to exclude other candidates.

Good luck


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