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SOC Code Clarity & Job Start

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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jaslab999
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SOC Code Clarity & Job Start

Post by jaslab999 » Thu Sep 05, 2024 2:37 pm

Hi everyone,

I'm in need of some advice regarding my Tier 2 visa situation. My 5-year visa is about to expire, and I'll be applying for Indefinite Leave to Remain (ILR) next month. My Certificate of Sponsorship (CoS) has a Standard Occupational Classification (SOC) code of 2139, but my current role has changed since the visa application.
Can anyone provide guidance on how to handle this situation?
Should I update my CoS with my new job details before applying for ILR, or can I apply with my current CoS?

Additionally, I have a question about the start date of my current job. I initially started working for my employer as a placement student on a Tier 4 visa before switching to the Tier 2 visa. In my sponsor letter, should I mention the start date of my placement or the date I officially began working under the Tier 2 visa (Offer Letter or COS Date)?

Do I need to mention about my placement year with the company?

Any help is greatly appreciated!
Thanks.

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zimba
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Re: SOC Code Clarity & Job Start

Post by zimba » Thu Sep 05, 2024 3:17 pm

First of all Tier 2 no longer exists, the route was replaced by the skilled worker visa several years ago !

The Standard Occupational Classification (SOC) codes assigned to each role have been simply updated from the 2010 codes to the 2020 codes, so both your old SOC and the new 2020 SOC should effectively refer to the same role. You should use the 2020 SOC to determine your salary requirement for ILR

See: All you need to know about salary calculations under the Skilled Worker route

Note that any changes to your duties or role mean that your sponsor should issue a new certificate of sponsorship and you should secure a new skilled worker visa.

Your sponsor letter does not need to mention any of that. Your ILR qualifying period starts from the first visa issue date. Your actual work start date is irrelevant.

See: All you need to know about the sponsor letter for Skilled Worker route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

jaslab999
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Re: SOC Code Clarity & Job Start

Post by jaslab999 » Thu Sep 05, 2024 7:20 pm

"Note that any changes to your duties or role mean that your sponsor should issue a new certificate of sponsorship and you should secure a new skilled worker visa."

Hi Zimba, Thanks for your reply. I don't think my employer has done this. I am concerned that this will impact my application. What would you recommend, given my current visa expires within 2 months?

I have checked the codes and my current role has a different code to that on my COS.

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zimba
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Re: SOC Code Clarity & Job Start

Post by zimba » Fri Sep 06, 2024 12:35 am

Again, the old SOC 2010 code no longer is relevant. Seek the help of your sponsor to figure out if you are still working in the same capacity and the same duties and ask them for an equivalent SOC 2020

If your core duties have completely changed they may need to issue a new SOC for you:
A person must make a change of employment application if they:
• change employer
• remain with the same employer and either:
o change their core duties which means their new job is in a different occupation code to the one stated on their original certificate of sponsorship
o change their core duties which means they change jobs from one currently included in Appendix Immigration Salary List to one which is not included
Guide: https://assets.publishing.service.gov.u ... worker.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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