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Tier 2 and NQF level

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Ali272
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Tier 2 and NQF level

Post by Ali272 » Fri Oct 20, 2017 7:06 pm

Hello,

This question is for one of my friends as I'm currently on Tier 1 visa.

He recently graduated from university with 2:1 and currently is on Tier 4. He just got an offer as a Letting Agent in a real estate agency. The real estate agent company is registered as A rated Tier 2 sponsor and they are happy to sponsor him. So I was wondering how would that be possible as a letting agent is listed as NQF3?

Thanks.

max0486
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Re: Tier 2 and NQF level

Post by max0486 » Fri Oct 20, 2017 8:28 pm

reference: https://www.gov.uk/government/uploads/s ... 5-2017.pdf

The skill threshold for Tier 2 (General) employment requires
a role to be at or above Regulated Qualifications Framework (RQF) level 6.

The only exceptions to this skill level rule are where the migrant:
 will be sponsored under Tier 2 (General) for a job in a shortage occupation
listed in Appendix K of the Immigration Rules
 will be sponsored in one of the following creative sector standard
occupational classification (SOC) codes:
o 3411 – Artists
o 3412 – Authors, writers and translators
o 3413 – Actors, entertainers and presenters
o 3414 – Dancers and choreographers
o 3422 – Product, clothing and related designers
 is a Croatian national who needs to apply for worker authorisation -
Croatian nationals can be sponsored to fill vacancies at or above RQF level
4 or the equivalent level in Scotland
 is already working in the UK under Tier 2 (General) or Tier 2 (ICT) and they
first successfully applied under one of those routes under the rules in place
between 6 April 2011 and 13 June 2012; in these circumstances, the
migrant can be sponsored to fill a vacancy at or above RQF level 4, or the
equivalent level in Scotland - before you apply for a licence or request a
CoS to employ the migrant you must tell us that they meet these exception
criteria, why they are eligible and provide us with their name for us to check
their eligibility. We will close the transitional arrangements for workers
sponsored at RQF level 4 from July 2018. This will give those workers
sufficient time to apply to extend their stay for long enough to reach the
qualifying period for settlement. We will continue to allow workers
sponsored at these RQF levels to apply for settlement beyond these dates

Ali272
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Re: Tier 2 and NQF level

Post by Ali272 » Mon Oct 23, 2017 1:30 pm

Thank you for your reply.

Are you sure Tier 4 to Tier 2 switchers are not exempt from that? This company is A rated and a very good real estate agent. My friend asked them again today and they told him they know what they are doing.

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CR001
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Re: Tier 2 and NQF level

Post by CR001 » Mon Oct 23, 2017 1:35 pm

What SOC is he being offered?

What degree did he study?

A letting agent is not really a highly skilled job in my opinion.

See page 21 in link below. RQF Level 4 is the minimum level.

https://www.gov.uk/government/uploads/s ... _04_17.pdf
Char (CR001 not Casa)
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Ali272
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Re: Tier 2 and NQF level

Post by Ali272 » Mon Oct 23, 2017 1:58 pm

Yes, letting agent is RFQ 3 but I think they will issue (we don't have the SOC yet) SOC for 2473 or Advertising accounts managers and creative directors. His job is to create advertising materials for Zoopla & Rightmove, viewings for potential tenants and copying keys.

He just graduated this summer with 2:1 BSc from a university in London and his visa runs out at the end of November.

What do you think?

Thank you.

Ali272
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Re: Tier 2 and NQF level

Post by Ali272 » Tue Oct 24, 2017 11:06 am

anyone please?

Ali272
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Re: Tier 2 and NQF level

Post by Ali272 » Tue Oct 24, 2017 2:18 pm

Just had a look at the COS. The NQF code is 2424. What are the consequences of wrong job description/NQF code for the applicant? This firm is a major major real estate firm in London. They have told him they know what they are doing and they have done this many times before.

Thanks.

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Re: Tier 2 and NQF level

Post by CR001 » Tue Oct 24, 2017 2:30 pm

Good luck to him them but doesn't sound right to me. This SOC is clearly not a 'lettings agent'. You would be surprised how many MNC's do get it wrong even though they 'know what they are doing'!! Being exempt from the RLMT does not mean there will be less scrutiny.
2424 Business and financial project management professionals

Example job tasks
• finds out what the client or company wants to achieve;
• agrees timescales, costs and resources needed;
• draws up a detailed plan for how to achieve each stage of the project;
• selects and leads a project team;
• negotiates with contractors and suppliers for materials and services;
• ensures that each stage of the project is progressing on time, on budget and to the right quality standards;
• reports regularly on progress to the client or to senior managers.

Related job titles:
• Chief knowledge officer
• Contracts manager (security services)
• Project manager
• Research support officer

Salary rates:
New entrant: £25,700
Experienced worker: £35,000
Just curious if your friend has had to pay a fee for a CoS or has to pay a commission or fee to them monthly salary of some sort out of his salary?
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Ali272
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Re: Tier 2 and NQF level

Post by Ali272 » Tue Oct 24, 2017 2:46 pm

Thank you for your reply.

No fee, zero. They actually had to pay him a little more than his peers to meet the minimum salary of £26k, This is major real estate agency in London and not some COS for Fee shop. They actually know they are writing the wrong NQF. Can I ask one more question? What are the consequences of wrong NQF code/Job description for the applicant? What kind of scrutiny is he going to face?

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Re: Tier 2 and NQF level

Post by CR001 » Tue Oct 24, 2017 2:53 pm

This is major real estate agency in London and not some COS for Fee shop.

You would be surprised how many of these 'COS fee' companies are still on the HO approved sponsor list for now.
They actually know they are writing the wrong NQF.
This would likely be a breach of their sponsorship duties. Why would they lie to HO. Does your friend realise that if HO find any type of deception, it will affect him directly.

Is your friend related to anyone that is working in this 'major real estate agency'?

How did he get the job offer?
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Ali272
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Re: Tier 2 and NQF level

Post by Ali272 » Tue Oct 24, 2017 3:24 pm

Actually, I have told him many times about the consequences but he said it is better to go back to his country and earning £400/month. I will tell him again.

He is not related to anyone within the firm. He got the offer through one of his friends who had gotten the offer before him and couldn't make it. So he introduced my friend to the company and he's been working there for free for the past couple of month and recently was made an offer.

What are the consequences for him apart from possible rejection?

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Re: Tier 2 and NQF level

Post by CR001 » Tue Oct 24, 2017 3:32 pm

If there is deception involved, a nice black mark against his record and a possible 10 year ban.
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Ali272
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Re: Tier 2 and NQF level

Post by Ali272 » Tue Oct 24, 2017 3:54 pm

Ok, Thank you. Will let him know about the consequences again.

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Re: Tier 2 and NQF level

Post by CR001 » Tue Oct 24, 2017 4:13 pm

Ali272 wrote:
Tue Oct 24, 2017 3:54 pm
Ok, Thank you. Will let him know about the consequences again.
It is up to your friend at the end of the day but HO is clamping down on some of the abuse of the Tier 2 General and not meeting the requirements 100%.
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Ali272
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Re: Tier 2 and NQF level

Post by Ali272 » Wed Oct 17, 2018 8:08 pm

.

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