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SOC code for ILR after promotion

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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somnium222
Newly Registered
Posts: 3
Joined: Tue Jul 10, 2018 2:48 pm
Korea South

SOC code for ILR after promotion

Post by somnium222 » Tue Jul 10, 2018 2:53 pm

Hi I'm applying for ILR soon.
I was on Tier2 for 5 years with Job Code 3534 Finance Analyst.
I got promoted to Finance manager last year.

I'm applying ILR now and do I need to use the same job code used for tier 2 extension or do I need to change it to 1131 financial managers and directors? If I have to use 1131 for ILR, should I have changed my tier 2 before?

Thanks,

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Djsuccess
Senior Member
Posts: 836
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: SOC code for ILR after promotion

Post by Djsuccess » Wed Jul 11, 2018 12:45 am

somnium222 wrote:
Tue Jul 10, 2018 2:53 pm
Hi I'm applying for ILR soon.
I was on Tier2 for 5 years with Job Code 3534 Finance Analyst.
I got promoted to Finance manager last year.

I'm applying ILR now and do I need to use the same job code used for tier 2 extension or do I need to change it to 1131 financial managers and directors? If I have to use 1131 for ILR, should I have changed my tier 2 before?

Thanks,
Did your sponsor notify UKVI about your promotion and change of SOC code? Usually, when promotion leads to a change of SOC code, a new visa is required (with a proper RLMT where required). If your sponsor has not done this, you might be at a risk of getting your ILR application delayed while your sponsor will likely be audited for compliance.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions and interpretation of the appropriate UKVI guidance documents and immigration rules.

somnium222
Newly Registered
Posts: 3
Joined: Tue Jul 10, 2018 2:48 pm
Korea South

Re: SOC code for ILR after promotion

Post by somnium222 » Wed Jul 11, 2018 8:25 am

My job title is Finance manager and it would be problem if I use SOC code of 3534 Finance and Investment Analysts and advisers?

Thanks,

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Djsuccess
Senior Member
Posts: 836
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: SOC code for ILR after promotion

Post by Djsuccess » Wed Jul 11, 2018 3:56 pm

somnium222 wrote:
Wed Jul 11, 2018 8:25 am
My job title is Finance manager and it would be problem if I use SOC code of 3534 Finance and Investment Analysts and advisers?

Thanks,
When exactly were you promoted?
Did your sponsor notify UKVI When you were promoted?
How has your job description changed?
which of the SOC codes matches your new role more?
The job title alone does not necessarily show the SOC code, the job description is also important.

The UKVI would have confirmed to your sponsor if a change of SOC code is required had they informed the UKVI.

You need to start by confirming if your promotion was reported to UKVI through sms.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions and interpretation of the appropriate UKVI guidance documents and immigration rules.

somnium222
Newly Registered
Posts: 3
Joined: Tue Jul 10, 2018 2:48 pm
Korea South

Re: SOC code for ILR after promotion

Post by somnium222 » Fri Jul 13, 2018 3:29 pm

So I checked with HR. HR confirmed that they haven't notified my promotion nor salary increase. So I believe I have no choice but use the same SOC code that I had for Tier 2 extension..

HR will write me a letter confirming this is the right code and I get paid above threshold.

trueblue19
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Posts: 147
Joined: Sun May 05, 2013 8:37 am
Location: London, United Kingdom

Re: SOC code for ILR after promotion

Post by trueblue19 » Thu Aug 16, 2018 8:56 am

If there is no change in SOC, your HR can make an update in the Sponsorship Management System retrospectively, about the change in your job title and compensation.

It is not the title which is so much important, but rather the definition of what do you do in the job (as defined in the specific SOC code). I have had a couple of promotions during the last 5 years, and my managerial cadre/band has gone up, however, the role/work I am/was performing still remained the same, so there was no change in SOC.

My employer had not updated the SMS for the change in designation due to the promotion, so a week before my ILR application (which was approved last week), they made an update in the SMS (regarding my promotion and change in job title), and also specified the date this update was valid from (Sometime in 2016).

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