Query regarding SOC 2136

[Nightshade]

Hello everyone, I tried to search a lot to find an answer to this but since I didn't I thought to make a topic. Hope this is ok. I am a programmer with specific expertise in 3D programming and have evidence to prove this. Soc 2136 is on shortage list under the following requirement:

"Occupation category: 2136 Programmers and software development professionals

Occupations included: Programmers and software development professionals in visual effects and 2D/3D computer animation for film, television, or video games industries:

Software developer
Shader writer
Games designer"

Now I have an employer willing to sponsor me, the job WILL include doing lots of 2D/3D programming/rendering using game engines etc for the products they develop, infact that's going to be the main responsibility. However, and this is where my confusion originates, the employer is not specifically involved in film, television or game industry; although they might work with them from time to time. Given this and the fact that the job will primarily require me to be a 2D/3D programmer, would I still be able to qualify for shortage occupation list and get RLMT exemption as well as be eligible for unrestricted CoS?

Thanks

[CR001]

It is very important to note that SOC 2136 is on both the shortage occupation list Appendix K and on the non shortage list Appendix J.

To qualify for Appendix K shortage occupation, your sponsor must also be a 'qualifying company', see below.

https://www.gov.uk/guidance/immigration ... ation-list

4. In this Appendix “qualifying company” means a company which:

(a) has obtained permission from the Home Office to issue a Certificate of Sponsorship in respect of the relevant job on the basis that the job is included on the Shortage Occupation List and the company:
(i) is licensed as a sponsor for the purposes of Tier 2 of the Points Based System,
(ii) at the time of obtaining such permission, employs between 20 and 250 employees (inclusive), or employs fewer than 20 employees and has provided a letter from the Department for International Trade, confirming that the Department has been working with the company and supports the application in relation to its trade or investment activity,
(iii) is not more than 25% owned by a company which has one or more other establishments in the UK and one of those establishments employs more than 250 employees; and
(iv) has not been established in the UK for the purpose of supplying services exclusively to a single company or company group in the UK; and
(b) will have no more than ten Tier 2 (General) Migrants working for it at any one time in jobs to which the requirement to be employed by a qualified company applies, if all Certificates of Sponsorship in respect of such jobs lead to a grant of leave as a Tier 2 (General) Migrant.

[Nightshade]

It is very important to note that SOC 2136 is on both the shortage occupation list Appendix K and on the non shortage list Appendix J.

To qualify for Appendix K shortage occupation, your sponsor must also be a 'qualifying company', see below.

https://www.gov.uk/guidance/immigration ... ation-list

4. In this Appendix “qualifying company” means a company which:

(a) has obtained permission from the Home Office to issue a Certificate of Sponsorship in respect of the relevant job on the basis that the job is included on the Shortage Occupation List and the company:
(i) is licensed as a sponsor for the purposes of Tier 2 of the Points Based System,
(ii) at the time of obtaining such permission, employs between 20 and 250 employees (inclusive), or employs fewer than 20 employees and has provided a letter from the Department for International Trade, confirming that the Department has been working with the company and supports the application in relation to its trade or investment activity,
(iii) is not more than 25% owned by a company which has one or more other establishments in the UK and one of those establishments employs more than 250 employees; and
(iv) has not been established in the UK for the purpose of supplying services exclusively to a single company or company group in the UK; and
(b) will have no more than ten Tier 2 (General) Migrants working for it at any one time in jobs to which the requirement to be employed by a qualified company applies, if all Certificates of Sponsorship in respect of such jobs lead to a grant of leave as a Tier 2 (General) Migrant.

Thank you for your reply.
I understand that but I'm specifically taking about software developer for 3D programming work which is considered to be in SOL. That particular quote in your post says nothing about the industry they should strictly belong to though does it?

If it does then it seems a bit odd that they'd consider a 3D programmer to be a shortage skill set but not when it's for a non gaming/TV/rubbish company. It sort of doesn't make sense when you think about it cause there won't be more 3D programmers suddenly available just because it's a company outside of those 3 fields. Afterall it's not uncommon for non gaming companies to work with game engines for other purpose. Like this one particular company who I was spoke to was a civil engineering consultancy company but they had a few 3D programmers to work on developing VR demos of the buildings and models that they were working on.

[CR001]

visual effects and 2D/3D computer animation for film, television, or video games industries:

It clearly states the industries for this SOC in the SOL.

[sen_tun]

when was this restriction put in place?

[CR001]

when was this restriction put in place?

Please continue in your existing topic.

uk-tier-2-employer-sponsored-visas/job- ... l#p1708971