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ILR refused because of company error on SOC Code, HELP?

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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Addy19
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Ethiopia

ILR refused because of company error on SOC Code, HELP?

Post by Addy19 » Mon Jun 10, 2019 10:40 pm

I made ILR application on 18,April, 2019 and submitted all documents at Croydon HO later.

During my application, the SOC code was changed from SOC 2111 to SOC 2150, both SOC codes are in Immigration Rules Appendix J (https://www.gov.uk/guidance/immigration ... illed-work) -

I am working as a researcher in a start up company that quickly progressed over the last 5 years. Since my employment in April 2014 my job tasks and responsibilities have evolved. That is why my company HR made the bit error (!) of changing the SOC on the company letter (almost unnecessarily) so that the description matches my current job profile.

Six weeks after application, I received a refusal letter which stated the refusal being based on paragraph 323AA (Prohibited changes to employment for Tier-2 and Tier-5 migrants). Now HO considers that there has been change of job, from what was stated initially 5 years ago and refused the ILR

Now I am required to submit administrative review to HO. I've read that Admin review is generally intended to check if there is any wrong decision or error on the part of the case worker and revise the decision accordingly. In my case the error is from the company side, me included.

Anyone with similar case? please share your experience and views -
> Is it possible/likely that Administrative review process will consider the inadvertent mistake and grant me the visa?
> What are my options afterwards, if refused again after Administrative review?

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Zimba
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Re: ILR refused because of company error on SOC Code, HELP?

Post by Zimba » Mon Jun 10, 2019 11:14 pm

HR should have not changed the SOC code. This change could mean that your job has changed and generally the expectation is that the company must perform RMLT again and you often should apply for a new Tier 2 visa under a new SOC if necessary which was not done. I am not very up to date on Tier 2 rules so I let others chime in
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

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CR001
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Re: ILR refused because of company error on SOC Code, HELP?

Post by CR001 » Tue Jun 11, 2019 5:32 am

Two different SOC jobs completely. You should have applied for a new tier 2 if your soc changed. Or they should not have stated in the letter your soc changed if it was never updated on the am and proper process followed.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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mohsensari
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Re: ILR refused because of company error on SOC Code, HELP?

Post by mohsensari » Tue Jun 11, 2019 8:56 am

Has your work status changed?
https://www.gov.uk/prove-right-to-work

Addy19
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Re: ILR refused because of company error on SOC Code, HELP?

Post by Addy19 » Mon Jun 17, 2019 3:08 am

Thanks all for your response.

The company has acknowledged that they've made mistake in my the SOC and is now supporting me by hiring a solicitor to process it further.
The Solicitor has decided that there is no merit in applying for administrative review as the fault is not from the HO side. Rather We've agreed to make a premium 24-hr application using the correct SOC code 2111 and all evidences to support that my chemical scientist functions in the company hasn't changed.

The company will write the letter to confirm that I am still working and required. However, they may also have to state that they suspend my employment until i get my ILR approved.

Now I am in the 14 days allowed for administrative review after refusal, but not made AR rather going to make re-application. As soon as the appl'n is submitted i become somehow an over stayer - hopefully for 24 hours. I am praying that I'll get positive result!

Anybody with the same or similar case?
Experts, please advise what are my chances, I am not relying on the company hired solicitor,

---so much trouble b/s of a document error, so much complication and stress, i never imagined this, I can't even sleep--

manitops
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Re: ILR refused because of company error on SOC Code, HELP?

Post by manitops » Mon Jun 17, 2019 1:08 pm

Were you giving a right of appeal?

does the Admin review extend your Section 3C right since you made an in time application
Addy19 wrote:
Mon Jun 10, 2019 10:40 pm
I made ILR application on 18,April, 2019 and submitted all documents at Croydon HO later.

During my application, the SOC code was changed from SOC 2111 to SOC 2150, both SOC codes are in Immigration Rules Appendix J (https://www.gov.uk/guidance/immigration ... illed-work) -

I am working as a researcher in a start up company that quickly progressed over the last 5 years. Since my employment in April 2014 my job tasks and responsibilities have evolved. That is why my company HR made the bit error (!) of changing the SOC on the company letter (almost unnecessarily) so that the description matches my current job profile.

Six weeks after application, I received a refusal letter which stated the refusal being based on paragraph 323AA (Prohibited changes to employment for Tier-2 and Tier-5 migrants). Now HO considers that there has been change of job, from what was stated initially 5 years ago and refused the ILR

Now I am required to submit administrative review to HO. I've read that Admin review is generally intended to check if there is any wrong decision or error on the part of the case worker and revise the decision accordingly. In my case the error is from the company side, me included.

Anyone with similar case? please share your experience and views -
> Is it possible/likely that Administrative review process will consider the inadvertent mistake and grant me the visa?
> What are my options afterwards, if refused again after Administrative review?

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CR001
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Re: ILR refused because of company error on SOC Code, HELP?

Post by CR001 » Mon Jun 17, 2019 1:10 pm

manitops wrote:
Mon Jun 17, 2019 1:08 pm
Were you giving a right of appeal?

does the Admin review extend your Section 3C right since you made an in time application
There are no appeal rights for PBS route applications.

Yes, AR would extend Section 3C if AR is submitted within the 14 days.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

manitops
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Re: ILR refused because of company error on SOC Code, HELP?

Post by manitops » Mon Jun 17, 2019 1:14 pm

Thanks CR001

Is this the same for SET (M). I have applied for super priority and wondering what my options are if refused

CR001 wrote:
Mon Jun 17, 2019 1:10 pm
manitops wrote:
Mon Jun 17, 2019 1:08 pm
Were you giving a right of appeal?

does the Admin review extend your Section 3C right since you made an in time application
There are no appeal rights for PBS route applications.

Yes, AR would extend Section 3C if AR is submitted within the 14 days.

User avatar
CR001
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Posts: 68521
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: ILR refused because of company error on SOC Code, HELP?

Post by CR001 » Mon Jun 17, 2019 1:16 pm

manitops wrote:
Mon Jun 17, 2019 1:14 pm
Thanks CR001

Is this the same for SET (M). I have applied for super priority and wondering what my options are if refused

CR001 wrote:
Mon Jun 17, 2019 1:10 pm
manitops wrote:
Mon Jun 17, 2019 1:08 pm
Were you giving a right of appeal?

does the Admin review extend your Section 3C right since you made an in time application
There are no appeal rights for PBS route applications.

Yes, AR would extend Section 3C if AR is submitted within the 14 days.
Set(M) has different rules and is a completely different visa route category. The user in this thread is on the PBS work permit route.

Useful to only post in topics you are familiar with or are relevant to your circumstances to avoid confusion.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Addy19
Newly Registered
Posts: 5
Joined: Mon Jun 10, 2019 9:58 pm
Ethiopia

Re: ILR refused because of company error on SOC Code, HELP?

Post by Addy19 » Tue Jun 18, 2019 7:51 pm

Addy19 wrote:
Mon Jun 17, 2019 3:08 am
Thanks all for your response.

The company has acknowledged that they've made mistake in my the SOC and is now supporting me by hiring a solicitor to process it further.
The Solicitor has decided that there is no merit in applying for administrative review as the fault is not from the HO side. Rather We've agreed to make a premium 24-hr application using the correct SOC code 2111 and all evidences to support that my chemical scientist functions in the company hasn't changed.

The company will write the letter to confirm that I am still working and required. However, they may also have to state that they suspend my employment until i get my ILR approved.

Now I am in the 14 days allowed for administrative review after refusal, but not made AR rather going to make re-application. As soon as the appl'n is submitted i become somehow an over stayer - hopefully for 24 hours. I am praying that I'll get positive result!

Anybody with the same or similar case?
Experts, please advise what are my chances, I am now relying on the company hired solicitor,

---so much trouble b/s of a document error, so much complication and stress, i never imagined this, I can't even sleep--

Addy19
Newly Registered
Posts: 5
Joined: Mon Jun 10, 2019 9:58 pm
Ethiopia

Re: ILR refused because of company error on SOC Code, HELP?

Post by Addy19 » Tue Jun 18, 2019 7:52 pm

Addy19 wrote:
Mon Jun 17, 2019 3:08 am
Thanks all for your response.

The company has acknowledged that they've made mistake in my the SOC and is now supporting me by hiring a solicitor to process it further.
The Solicitor has decided that there is no merit in applying for administrative review as the fault is not from the HO side. Rather We've agreed to make a premium 24-hr application using the correct SOC code 2111 and all evidences to support that my chemical scientist functions in the company hasn't changed.

The company will write the letter to confirm that I am still working and required. However, they may also have to state that they suspend my employment until i get my ILR approved.

Now I am in the 14 days allowed for administrative review after refusal, but not made AR rather going to make re-application. As soon as the appl'n is submitted i become somehow an over stayer - hopefully for 24 hours. I am praying that I'll get positive result!

Anybody with the same or similar case?
Experts, please advise what are my chances, I am now relying on the company hired solicitor,

Addy19
Newly Registered
Posts: 5
Joined: Mon Jun 10, 2019 9:58 pm
Ethiopia

Re: ILR refused because of company error on SOC Code, HELP?

Post by Addy19 » Tue Jun 18, 2019 7:58 pm

Addy19 wrote:
Mon Jun 10, 2019 10:40 pm

During my application, the SOC code was changed, both SOC codes are in Immigration Rules Appendix J (https://www.gov.uk/guidance/immigration ... illed-work) -

Since my employment in April 2014 my job tasks and responsibilities have evolved. That is why my company HR made the bit error (!) of changing the SOC on the company letter (almost unnecessarily) so that the description matches my current job profile.

Six weeks after application, I received a refusal letter which stated the refusal being based on paragraph 323AA (Prohibited changes to employment for Tier-2 and Tier-5 migrants). Now HO considers that there has been change of job, from what was stated initially 5 years ago and refused the ILR

Now I am required to submit administrative review to HO. I've read that Admin review is generally intended to check if there is any wrong decision or error on the part of the case worker and revise the decision accordingly.

Anyone with similar case? please share your experience and views -
> Is it possible/likely that Administrative review process will consider the inadvertent mistake and grant me the visa?
> What are my options afterwards, if refused again after Administrative review?

bazli
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Posts: 2
Joined: Mon Aug 12, 2019 1:01 pm
Malaysia

Re: ILR refused because of company error on SOC Code, HELP?

Post by bazli » Mon Aug 12, 2019 1:04 pm

Hi, I'm in exactly the same position.. changed to 2150 after being on 2124 initially. What did you do in the end?

Thanks!

bazli
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Posts: 2
Joined: Mon Aug 12, 2019 1:01 pm
Malaysia

Re: ILR refused because of company error on SOC Code, HELP?

Post by bazli » Wed Aug 14, 2019 12:54 pm

Hi @Addy19,

Do you have any update on your situation?

Thanks :)

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