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

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?

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

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.

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.

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 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 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?