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If application refused due to wrong job code, can I apply for PSW afterwards?

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

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bamblue
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Posts: 21
Joined: Mon Jun 28, 2021 7:34 pm

25 hrs weekly of work on CoS and shortage occupation

Post by bamblue » Tue Jun 29, 2021 3:29 pm

Hi folks,

My CoS states that the weekly working hours is 25 hours, however my job is a full-time teaching role in a secondary school. Would this be a mistake? Since I am a teacher in a secondary school, I am not sure if this is how schools calculate working hours considered that we have summer/winter holidays as break.

Another query is about whether my job should be considered as a shortage occupation? My official title is Teacher of Spanish, French and English. According to the shortage occupation list for eaducation (see code 2314) https://www.gov.uk/government/publicati ... -education, teachers of foreign languages are on the shortage list, but teacher of English is not. In my case where I teach both shortage subjects (Spanish and French) and non-shortage subject (English), should this be regarded as a shortage occupation or not? My CoS states that it is not on the shortage occupation list, but I think this could be a mistake since I do teach shortage subjects?

I have looked at the published guidance on the home office website but no luck in finding anything directly addressing my queries. I am really hesitant to pay for 200 pounds of consultation fee for queries like these...

Any advice is appreciated. Thank you!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: 25 hrs weekly of work on CoS and shortage occupation

Post by manci » Fri Jul 02, 2021 6:33 pm

bamblue wrote:
Tue Jun 29, 2021 3:29 pm
My CoS states that the weekly working hours is 25 hours, however my job is a full-time teaching role in a secondary school. Would this be a mistake? Since I am a teacher in a secondary school, I am not sure if this is how schools calculate working hours considered that we have summer/winter holidays as break.
No this is not a mistake, see the SW caseworker guidance p28
https://assets.publishing.service.gov.u ... 2.0ext.pdf

teaching occupations (where weekly working hours are not consistent throughout the
year, due to term dates), you should ask the sponsor to confirm what proportion of a
full-time equivalent (FTE) the applicant is, and pro-rate the going rate accordingly.

bamblue wrote:
Tue Jun 29, 2021 3:29 pm
my case where I teach both shortage subjects (Spanish and French) and non-shortage subject (English), should this be regarded as a shortage occupation or not?
As you say, there is no guidance on this. Ask your sponsor why they considered your job a non-shortage occupation. If they are unsure ask them to contact the UKVI business helpdesk 0300 123 4699 or email Businesshelpdesk@homeoffice.gov.uk
Personal opinion, not professional or legal advice

bamblue
Newly Registered
Posts: 21
Joined: Mon Jun 28, 2021 7:34 pm

Re: 25 hrs weekly of work on CoS and shortage occupation

Post by bamblue » Sat Jul 03, 2021 8:07 pm

manci wrote:
Fri Jul 02, 2021 6:33 pm
bamblue wrote:
Tue Jun 29, 2021 3:29 pm
My CoS states that the weekly working hours is 25 hours, however my job is a full-time teaching role in a secondary school. Would this be a mistake? Since I am a teacher in a secondary school, I am not sure if this is how schools calculate working hours considered that we have summer/winter holidays as break.
No this is not a mistake, see the SW caseworker guidance p28
https://assets.publishing.service.gov.u ... 2.0ext.pdf

teaching occupations (where weekly working hours are not consistent throughout the
year, due to term dates), you should ask the sponsor to confirm what proportion of a
full-time equivalent (FTE) the applicant is, and pro-rate the going rate accordingly.

bamblue wrote:
Tue Jun 29, 2021 3:29 pm
my case where I teach both shortage subjects (Spanish and French) and non-shortage subject (English), should this be regarded as a shortage occupation or not?
As you say, there is no guidance on this. Ask your sponsor why they considered your job a non-shortage occupation. If they are unsure ask them to contact the UKVI business helpdesk 0300 123 4699 or email Businesshelpdesk@homeoffice.gov.uk
Thank you Manci! This is so very helpful. I will definitely ask my employer to double check with UKVI using the contact you provided.

I also found that on my CoS the job type is missing, meaning that there is no occupation code selected. I find this quite shocking as I thought 'job type' is a mandatory question that sponsor has to complete before a CoS can be created. I honestly do not understand why on earth this happened as the CoS was already assigned. In this case, should I insist my employer to cancel the CoS and to create a new one, or it can be fixed by adding the code as a sponsor note? The published guidance states clearly that 'wrong occupation code' is a significant error, which means sponsor needs to cancel the CoS and re-create a new one. But it does not mention anything about missing occupation code...

Another potential mistake I found on the CoS is that my employer did not answer the question ‘if there is a legal requirement for the migrant to be registered with a professional or other official organisation in the UK’. Based on page 37 of the guidance https://assets.publishing.service.gov.u ... 1_v1.0.pdf, a valid CoS must contain
"professional registration details of the worker, if there is a legal requirement for them to be registered with a professional or other official organisation in the UK (for example, a doctor must be registered with the
GMC)"

Since Qualified Teacher Status (QTS) is a legal requirement to teach in maintained school (which my employer is), I think that my employer should have put down my teacher reference number here? However, although I am registered with the Teacher Regulation Agency for QTS, I am still waiting for my teacher training provider (my university) to inform the agency about my teacher training course result. So technically I am registered and can provide my teacher reference number as a sponsor note, but currently I am not qualified yet, although I will certainly be in August as soon as my uni updates the agency my course result. In this case how should the employer respond to this on the CoS?

bamblue
Newly Registered
Posts: 21
Joined: Mon Jun 28, 2021 7:34 pm

If application refused due to wrong job code, can I apply for PSW afterwards?

Post by bamblue » Sun Jul 18, 2021 5:21 pm

Hi folks,

I've just submitted my skilled worker visa application and due to a system glitch, the occupation code is missing on the assigned CoS. The HR was pretty sure that she has entered the code when creating the CoS as it is a mandatory question, so she rang the Home Office helpline and they have advised that the caseworker may still be able to see the code from their system, despite that my employer cannot view it from our side. The problem is that since we cannot see what code was entered (due to the system glitch which led to the code missing on the CoS), I don't know if the HR has selected the right code. In fact, considered that the HR has made some other minor mistakes on the CoS, I cannot help worrying if she has accidentally selected the wrong code. I also proposed to pay for a new CoS to not take any risks, but my employer refused to do so as the HR, who is the only person knowing how to do this, has resigned.

So my question is, in case that the skilled worker application gets refused for a wrong occupation code, can I make a PSW visa application after the skilled worker refusal? Will the refusal affect my PSW application in any way? I assume that as long as I declare past refusal (if I do get one) honestly in PSW application, and that I do not break any immigration laws, my PSW application after a skilled worker refusal should be successful?

I'm panicking a lot and I really appreciate any advice given here. Thank you!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: If application refused due to wrong job code, can I apply for PSW afterwards?

Post by manci » Mon Jul 19, 2021 11:53 am

Moderators, please merge this post with
uk-tier-2-employer-sponsored-visas/25-h ... 18060.html
Personal opinion, not professional or legal advice

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