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Help please! Changing SOC code to shortage list (TIER 2 )

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

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ghazisaghir
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Help please! Changing SOC code to shortage list (TIER 2 )

Post by ghazisaghir » Thu Mar 14, 2019 5:46 pm

Hello, need some help from all of you guys!

I have been working in the UK since Jan 2015 on tier 2(general). I came as a student and had a tier 4 visa before.

I applied for the job as a graphic designer in a local digital firm as it was advertised. When I got the job, my company wanted to apply for my tier 2 visa at that time they were told that the graphic designers cannot get tier 2 visa as it is below NQL level 4. So, therefore they were keen and gave me a job with SOC code of 2137 Web Design and development professional but my job role in the company was a graphic designer. I also applied for an extension under 2137 web designer last year.

Now, I am wishing to get ILR in Feb 2020. However, my salary on SOC code 2137 web designer currently does not meet the threshold requirement needed for ILR. Therefore, I was recently advised by immigration consultants to change my SOC to "3421 Graphic Designers" or "3416 Art officer" so I would fall under the shortage list. I have told my company and they are ready to amend and update it.

May I ask:

a) If changing the SOC code to "3421 Graphic designers" which is now in shortage occupation list from "2137 Web Design and development professional" (current) is possible and easy for the employers to do? Perhaps via SMS system.

b) If yes, what needs to be done so i can discuss with the employers.

c) Is it just my employers going on SMS system and updating it? (they are not sure on how to go about it)

Kindly let me know what are your thoughts and if there is any honest advice anyone can give for me to qualify for ILR, ill be extremely grateful.

*PS: The role of the graphic designer is genuine as I work in the design department but on the system, it is web designer since 2015

Thanks in advance

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by CR001 » Thu Mar 14, 2019 6:17 pm

Only specify jobs and specify industry is shortage occupation.

https://www.gov.uk/guidance/immigration ... ation-list
3416 Arts officers, producers and directors

Only the following jobs in this occupation code:
The following jobs in visual effects and 2D/3D computer animation for the film, television or video games sectors:

2D supervisor
3D supervisor
computer graphics
supervisor
producer
production manager
technical director
visual effects supervisor


3421 Graphic designers

Only the following jobs in this occupation code:
The following jobs in visual effects and 2D/3D computer animation for the film, television or video games sectors:

compositing artist matte painter modeller rigger stereo artist texture artist
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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by Frontier Mole » Fri Mar 15, 2019 6:03 am

New COS required and given the circumstances you have outlined I think there is a safe bet that it will come under huge scrutiny.
Graphic Designer shortage occupation is highly specific and if your sponsor is not in the computer animation industry then it is not a shortage occupation.

Very much the same for Arts Officer.

What industry are you working in?

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by ghazisaghir » Fri Mar 15, 2019 4:11 pm

Thank you for your replies and for giving time to my questions.

I work in a digital design agency and our clients are mainly from a healthcare background. My daily work has to do with creating animations, materials, 2d and 3d graphics. And also pre and post-production of film interviews. So, I think it is the Design industry, perhaps.

I asked the immigration lawyer about this and they also took a hefty sum to prepare an advice letter for me. It states there, what I received if I share this with you:

" As discussed in your appointment with me, I have looked at the code for your job role and it is
not on the shortage occupation list which currently means you will have to meet the salary of
£35,800.
of graphic designer and I can confirm that is on the Shortage Occupation List. This
means that you do not have to meet the requirement of having a salary of £35,500, you must
have a salary equal to the appropriate rate for the job as stated in the Codes of Practice in
Appendix J.
You do not have to earn £35,500 if the main job you’re sponsored for:
o is a PhD level job listed in the Codes of Practice
o has a shortage of workers
o was in the shortage of workers list in the last 6 years ( after looking into this your job code
2126 has not been on the list previously)"

The lawyer then states that i should pay to continue my application with them, and they would be able to check everything etc.

So this is where everything stands.

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by ghazisaghir » Fri Mar 15, 2019 4:25 pm

Is the lawyer right that it is possible for to get ILR if i change my soc code to graphic designer? With given circumstances

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by Frontier Mole » Fri Mar 15, 2019 11:47 pm

The information you have posted is contradictory- one bits says it subject to normal ILR threshold and one bit says it is not....
The company is not a video / animation firm... and the work under graphic designer shortage list is not your actual role. So pretty clear that it is not going to meet the requirements.

Some Immigration lawyers feed on fear and false hope. I think you are hearing what they think will generate their biggest fee.... especially if you get your new SOC visa refused....

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by Frontier Mole » Fri Mar 15, 2019 11:52 pm

Simple question... is your employer not willing to pay the ILR threshold amount?

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by ghazisaghir » Sun Mar 17, 2019 9:18 pm

Thank you for your advice and answers. I really appreciate it. I guess I paid a lawyer to get more confused about this whole situation.

My employers are based in Midlands and the salary threshold for them is a bit too much, as salary rates are very low here as compared to down South. Its a big jump from what i am being paid.

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by Frontier Mole » Sun Mar 17, 2019 11:16 pm

Ok - the chances of your Sponsor being visited if you move to a shortage occupation SOC / role is high. If your role does not meet the requirements or the business is not deemed to meet the requirements then there is an equally high chance your Sponsor will losevtheir licence. So there are risks in following those routes.

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by ghazisaghir » Mon Mar 18, 2019 10:21 am

Okay thank you.

I think the best option for me is to apply for a new job?

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by Frontier Mole » Tue Mar 19, 2019 7:32 am

Changing job is a big ask but it is a lesser risk. You still have 10 months to play with to your ILR application date.
When does your visa expire?

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by ghazisaghir » Tue Mar 19, 2019 5:28 pm

I do agree its going to be challenging.

My visa expires in FEB 2020.

What could be my options after that? if I stay in this job
Extention? or do i have to return to my country?

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by Frontier Mole » Wed Mar 20, 2019 12:08 am

You get a max of six years in tier 2. The normal route is to apply for ILR at 5 years as you know. If you get to the end of 6 years it is either switch to another visa type or back home it is. Once home you have a cooling off period before you can return under tier 2 again.

Other immigration routes are many and various, marriage is probably the most common - but not suggesting you do that to stay in the UK.

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by ghazisaghir » Wed Sep 25, 2019 4:02 pm

Thank you for your input. Appreciate it.

Now, if we see newly revised SOL list, The job code that I am currently on has now have been added on New SOL list. I am on 2137 Web design professional. My visa is expiring on Feb 2020 and I am due to extend my visa end of November which makes 90 days before my date of expiry. This would be the 6th year and i believe I will only get 12months extension.

I wanted to ask:

1) Can I extend my visa on new shortage occupancy list?
2) Does our company need to apply for Digitech status before the extension of Tier 2 visa on shortage occupation list for SOC 2137 Web designer?

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by ghazisaghir » Thu Sep 26, 2019 11:45 am

Any reply would be highly appreciated? or any advise??

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by ifahds » Mon Oct 07, 2019 9:27 pm

I am in the same situation as you. My SOC is 2137 and now the job is on SOL.

My visa extension was granted in Jully 2019 and at the time 2137 was not on SOL. I am not sure if the exemption applies for me?

For you, it will be fine if you do the extension under 2137 shortage occupation. Ask your employer to mention this when generating COS that 2137 is now under SOL.

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by CR001 » Mon Oct 07, 2019 9:32 pm

ifahds wrote:
Mon Oct 07, 2019 9:27 pm
I am in the same situation as you. My SOC is 2137 and now the job is on SOL.

My visa extension was granted in Jully 2019 and at the time 2137 was not on SOL. I am not sure if the exemption applies for me?

For you, it will be fine if you do the extension under 2137 shortage occupation. Ask your employer to mention this when generating COS that 2137 is now under SOL.
No it doesn't as the changes clearly state it is only applicable to a CoS issued on or after 6th October and for applications from that date for a visa.
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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by ifahds » Sat Oct 12, 2019 11:29 am

CR001 wrote:
Mon Oct 07, 2019 9:32 pm
No it doesn't as the changes clearly state it is only applicable to a CoS issued on or after 6th October and for applications from that date for a visa.
Thanks for your reply CR001.

Can you please check these rules?
https://www.gov.uk/guidance/immigration ... sed-system

(e) Sub-paragraph (d)(vi) above does not apply if the continuous 5-year period in (b) includes a period of leave as:
(i) a Work Permit Holder, or
(ii) a Tier 2 Migrant, where the Certificate of Sponsorship which led to that grant of leave was assigned to the applicant by his Sponsor before 6 April 2011,
(f) Sub-paragraph (d)(vi) above does not apply if the Certificate of Sponsorship which led to the applicant’s most recent grant of leave was for a job which:
(i) appears on the list of PhD-level occupation codes as stated in the codes of practice in Appendix J,
(ii) appears on the Shortage Occupation List in Appendix K,
(iii) previously appeared on the Shortage Occupation List, as shown by Tables 3 and 4 in Appendix K, at any time when the applicant:
(1) had leave as a Tier 2 (General) Migrant, in which he was sponsored for the applicable job, either with the same or a different employer, during the continuous 6-year period ending on the date of application for indefinite leave to remain, or
(2) was assigned a Certificate of Sponsorship for that job, either with the same or a different employer, which led to a grant of leave as a Tier 2 (General) Migrant during the continuous 6-year period ending on the date of application for indefinite leave to remain….

Read them this way...

the applicant’s most recent grant of leave was for a job which:
(i) ......... ........
(ii) appears on the Shortage Occupation List in Appendix K,

Also, check this below text on page 7 of https://assets.publishing.service.gov.u ... t_1159.pdf?

"Third, there is no requirement to meet the £35,800 salary threshold
required for settlement after five years. This requirement is waived if the
job title has been on the SOL at any point in those five years."

Also, I know you are mentioning a text for below HC 2631 changes, but it says "an application for entry clearance or leave to remain" and it doesn't say ILR. I guess this will be tier 2 clearances outside the country or leave to remain inside the country on tier 2 or tier 2 extensions inside the country.

The following sections shall take effect on 6 October 2019. However, if an applicant
has made an application for entry clearance or leave to remain using a Certificate of
Sponsorship that was assigned to them by their Sponsor before 6 October 2019, the
application will be decided in accordance with the Immigration Rules in force on 5
October 2019.
• Appendix A – Paragraphs A25, A26, A28, A29, A32 and A34
• Appendix J – Paragraphs J6 and J8 to J12
• Appendix K – Paragraphs K1 to K5 https://assets.publishing.service.gov.u ... 1_text.pdf

I am just putting it all out there for you to see my research on this and prove me wrong. I had mix responses from solicitors on this some say it applies and some say it doesn't apply.

Question 2: If I apply and get rejected, how much refund will I get?

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by CR001 » Sat Oct 12, 2019 11:51 am

(f) Sub-paragraph (d)(vi) above does not apply if the Certificate of Sponsorship which led to the applicant’s most recent grant of leave was for a job which:
1. You don't have a current or 'most recent' CoS or leave to remain that is a SOL job if you got your extension before 6th October. The rule changes for SOL jobs is not retrospective. It is only applicable to CoS and applications from 6th October 2019.

2. If you apply and it is refused, you lose your fee. There is no refund for a refused ILR or visa applications.
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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by ifahds » Sat Nov 23, 2019 9:30 am

CR001, your advice on this matter was WRONG!

I have clearly copied the text from the rules above and please do read them so you can advise people correctly.

There is no such thing as shortage or non-shortage occupation COS. You have confused me and other people.

The rules are simple and clear that if someone's Job is on shortage in the last 6 years when you were sponsored to do it, you are exempt from the minimum salary threshold.

So, anyone whos SOC has gone on shortage list as of 6th OCT is exempt from minimum salary threshold!

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by amal123 » Sat Nov 23, 2019 6:31 pm

ifahds wrote:
Sat Nov 23, 2019 9:30 am
CR001, your advice on this matter was WRONG!

I have clearly copied the text from the rules above and please do read them so you can advise people correctly.

There is no such thing as shortage or non-shortage occupation COS. You have confused me and other people.

The rules are simple and clear that if someone's Job is on shortage in the last 6 years when you were sponsored to do it, you are exempt from the minimum salary threshold.

So, anyone whos SOC has gone on shortage list as of 6th OCT is exempt from minimum salary threshold!
Hi

I am applying for tier 2 dependent visa extension and my husband got ILR recently and his job is now as SOL (it wasn’t when he had his last CoS in 2017). My question is what fees should I pay? SOL fee or full fee?

Thanks

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by Lokez21 » Mon Jan 13, 2020 5:28 pm

ifahds wrote:
Sat Nov 23, 2019 9:30 am
CR001, your advice on this matter was WRONG!

I have clearly copied the text from the rules above and please do read them so you can advise people correctly.

There is no such thing as shortage or non-shortage occupation COS. You have confused me and other people.

The rules are simple and clear that if someone's Job is on shortage in the last 6 years when you were sponsored to do it, you are exempt from the minimum salary threshold.

So, anyone whos SOC has gone on shortage list as of 6th OCT is exempt from minimum salary threshold!
So did you get the ILR in the end @ifahds, @amal123.. ?
I am planning to apply for ILR with job code(2137) recently added to SOL and a salary of 31k£.
On Tier 2 General visa since 2014 Sep

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by ghazisaghir » Tue Jan 14, 2020 11:38 am

Thank you, everyone for your honest input and suggestions. I highly appreciate it. I am in the same shoes as a lot of people here...

There is much confusion and my tier 2 visa on 2137 Web expires next month. I am on 5th year and am eligible to apply for ILR as of today.

However, there are people who recommend me to apply for an extension on my Tier 2 visa on latest shortage list and generate new COS as of 6th OCT so I get exempted from the minimum salary threshold. And then apply for ILR.

On the other side, there are few who are also recommending that as the SOC 2137 is now on Shortage list, I can apply for ILR straight away and get all the documents ready.

I have just a few weeks to decide to which direction to take and wanted to ask if anyone here can guide me on what could be the best way moving forward.... what's right according to each one of your own experience?

Apply for extension for 6th year or apply for ILR? :?: :|

@ifahds did you go forward with ILR?
@lokez21 am i exactly in your position? What are you guys doing?

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by Lokez21 » Tue Jan 14, 2020 10:59 pm

ghazisaghir wrote:
Tue Jan 14, 2020 11:38 am
Thank you, everyone for your honest input and suggestions. I highly appreciate it. I am in the same shoes as a lot of people here...

There is much confusion and my tier 2 visa on 2137 Web expires next month. I am on 5th year and am eligible to apply for ILR as of today.

However, there are people who recommend me to apply for an extension on my Tier 2 visa on latest shortage list and generate new COS as of 6th OCT so I get exempted from the minimum salary threshold. And then apply for ILR.

On the other side, there are few who are also recommending that as the SOC 2137 is now on Shortage list, I can apply for ILR straight away and get all the documents ready.

I have just a few weeks to decide to which direction to take and wanted to ask if anyone here can guide me on what could be the best way moving forward.... what's right according to each one of your own experience?

Apply for extension for 6th year or apply for ILR? :?: :|

@ifahds did you go forward with ILR?
@lokez21 am i exactly in your position? What are you guys doing?
Hi @ghazisaghir,

I’ve asked an immigration lawyer and her responses was this:
Many thanks for your patience. I would like to confirm that you are eligible to apply for ILR as your current job is on the shortage occupational list, despite of when it was added on the shortage occupational list. I refer you the enclosed guidance and please refer to page 91 and 92.
https://assets.publishing.service.gov.u ... 4.0ext.pdf

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Re: Help please! Changing SOC code to shortage list (TIER 2 )

Post by Lokez21 » Tue Jan 14, 2020 11:07 pm

I’ve also double checked with another lawyer who stated this...

“I have just double checked the guidance and it appears that there is a change. If your job is on shortage occupation list you will be exempt - Page 64 and 65! - Tier 2 Policy Guidance. You can rely on this.”

Hence we are exempt and ELIGIBLE to apply for ILR.

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