Switching: PSW to Tier 2

[lala2312]

Hi Everyone,

Let me start by giving my time frame:

PSW Issued: 15th July 2010
PSW Expiry: 15th July 2012
Tentative application date for switch: April 2012

I am trying to figure out if I qualify to switch from PSW to Tier 2 but am a bit confused because the UK border agency is not very clear about some of their rules.

I have been working with my present employer as a Legal and Compliance Assistant since Sept 2011 and they are happy to issue a COS for my extension. However the other day my HR manager mentioned that she is not sure what soc code to use for for my cos as they (UK border agency) don't have my job title on the list.

This led me to researching the codes to find one that best suits my job description but I didn't succeed in finding any that completely covers the scope of my job. However the closet which I found was 3520: Legal associate professional (which covers the legal aspect of my job) and 3539: Business and related associates professionals not elsewhere classified (which covers the compliance aspect of my job). Now the problem is, I know 3539 is on a graduate level and it's a requirement that anyone planning to switch from PSW to Tier 2 must possess a graduate job but I am not 100% sure if 3520 is a graduate job or S/NVQ level 3 and above. Also, looking at the job description I think my present role is closely linked to 3520 than 3539.

My questions:

- Since my present permit was issued before the 6th of April 2011, am I permitted to switch from PSW to Tier 2 if my job is on S/NVQ level 3 or above?

- If the soc code 3520 is not on graduate level, can I then qualify on the basis of "resident labour test"? (considering that my job was published on reed and I was interviewed against other applicants and was chosen for the role at the time of my employment)

-Or can I apply under soc code 3539?

I will appreciate any contribution as I am trying to avoid a situation where my application is refused due to lack of information.

Many thanks in advance.