ILR as Work Permit Closed categoty without COP

Hi need some urgent advice from senior members and moderators. I have been following this website for past couple of years and found it very useful to keep myself updated with immigration rules and all the other information’s related to immigration.
I am due for my ILR in December this year. I came to UK initially as a student and back in December 2006 got my work permit for 5 years. With the recent changes in the immigration rules which so far use to be straight forward for WP holders I am finding it bit confusing to do the right paper work. Basically my problem is also similar to various other WP holders on this forum who couldn’t find the right code of practice related to their profession published in recent list by UKB agency. I have even consulted two different solicitor and both said the two different stories. One said that since I am on old work permit and since my job is not listed in COP I just need standard letter from my employer saying I am still required for the job and paid above minimum wage. Whereas second one said the same thing but said that I still need to mention the code but we can pick one which could be closet match from COP list.
I myself also after closely following the forum have downloaded the latest guide for Indefinite leave to remain in closed categories
Requirements for work permit holders – no code of practice or appropriate salary rate

In this on page 91 and 92 it clearly states that if there is no appropriate COP found employee needs a letter stating standard occupation classification (SOC) code, the salary rate of their employee and that the applicant is still required for the same employment.
It also says that if: The SOC code has been identified but there is no code of practice, you can take appropriate salary rate as the higher of either the:
• rate stated on the applicant’s previous work permit document, or
• national minimum wage at the date of the indefinite leave to remain decision.

So far so good but my problem is that I am not even able to identify my SOC code. I have even downloaded the latest list of SOC code 2010 but because of my job title it’s all very vague.
Basically I am employed as Scanning Supervisor with one of the major print and Reprographics Company. My job involves managing large scale digital scanning and archiving projects and required specialized software and training skill sets for this industry. Though we are part of print industry but we produce the content digitally rather than hard copies and provide high volume digital scanning solution to construction, law and government agencies. So going by the job title I couldn’t find the right COP code.
When I search on SOC list, scanning profession is classified into various categories like office, print, medical and retail industry. There are some codes which I found close to my profession like

4162 Office supervisors
4161 Office managers
4161 Manager, reprographics
5421 Printer, originator
5421 Reader-compositor
5422 Supervisor, print
5422 Technician, print
5421 Pre-press technicians
5422 Printers
3539 Business and related associate professionals not elsewhere classified

Above codes are close match to my profession but still not fully describe my job. So wonder is it have to be exact match or can I get away with mentioning any of the above? While preparing this question I one more time visited the link on UKB website mentioned below and found that they have revised the document again in August


http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
So now updated page 91 says that if employee
• is still required for the same employment as certified by their employer, and
• they are paid at or above the appropriate rate for the job.
As there is no code of practice, you can take the appropriate salary rate as the higher of either the:
• rate stated on the applicant’s previous work permit document, or
• the national minimum wage at the date of the indefinite leave to remain decision.

So hopefully its good news now for people like me with this latest update in the requirement. I hope they won’t revise it again as this document is already been revised thrice since 6th April. Now my question is should I just prepare the standard letter from my employer without any mention of SOC code or COP. Or should I still use one of the above mention SOC code like 4162 Office supervisors or 3539 Business and related associate professionals not elsewhere classified and state that I am getting paid higher than minimum national wage.

Hi cssaini,

I have also been doing an intense amount of research in to this, as it seems to be the biggest hurdle for Work Permit Holders applying for ILR. From the forums I have read where applicants are going to PEO to do their applications, the simpler you make life for the Officer, the more likely you are to get the ILR.

I would suggest that on your employment letter, you state that none of the SOC are relevant to your role as it is very specialised. However, say that you would think that the closest match would be any of the following: (add list of the the SOC codes you mentioned that are in line with your earnings), and say that you earn above the rate specified on all of them. I guess mentioning which one was the closest would be easiest all round.

I am having the same problem, as my husbands Job Title also doesnt really fit in to a category completely. We are going for ''4161 Office managers ''.

As long as hey can punch a SOC code in to their system, and verify that you earn above the hourly rate, you should be fine.

Hi Daphne

Thanks for the update. I guess I have to include one or two of the closet codes in the letter. When are you guys due for your ILR?

Have you drafted any sort of the letter?

Please keep me updated

We are applying at the end of Jan, as our visas expire on 12 Feb 2012. This is the letter we have shown my husbands employer, and he seems happy to sign it. We will only get him to sign it in Jan so that the letter is as recent as possible. I am considering (will go speak to an immigration adviser soon) enclosing a covering letter with the application to expand on this slighty. My husband is a Customer Account Manager, but the only ''Account Managers'' they have are within the Finance Industry. He is kind of an Office Manager, but really his job entails a lot more than that. I notice that under the 1152 Office Manager in the Home Office guidelines, they include Account Manager, so we figured that would be closest. It is the closest match to his salary to.

UK Border Agency
SET (O)
Indefinite Leave to Remain
PO Box 591
Durham
DH1 9FS

Date: XX January 2012

Dear Sir / Madam

Subject: Application for Indefinite Leave to Remain

This is to state that Mr {FULL NAME} is presently employed with {Company Name} on a Work Permit (number {Work Permit Number}) since {Start Date} and holds the job title of {Job Title}.

His current salary is {Rate per hour} per hour which is above the appropriate rate of {SOC Code Rate} as per SOC 1152 for Office Managers/Accounts Manager as stated in the Codes Of Practice for Tier 2 Sponsors (Work Permit). The above mentioned SOC code and Job Title have been chosen to reflect the closest match to Mr {Full Name} current designation and associated job responsibilities.

{Full Name} services as an employee are still required and he will continue to remain employed with {company name} in the foreseeable future.

Should you have a need for any additional information or further clarifications in the matter, please feel free to get in touch with me.

Yours faithfully,

{managers Name}
{Managers Job Title}

Phone (Reception): xxxxxxxxxxx
Phone (Mobile): xxxxxxxxxx

Hi Daphne

Many thanks for the update and the sample copy of the letter. It will be really helpful to prepare my employer letter.

I have one more doubt, shhould I use 4162 Office supervisors code as my job title says me being supervisor or should I use 3539 Business and related associate professionals not elsewhere classified . Clearly 4162 is just the SOC code and not listed in the COP list where as 3539 is listed in code of practice list and though closer to what I do is not mentioning the title being supervisor.

Or can we use two codes in the letter saying that they are the closet to the job i do?

Thanks

Don't use 4162 Office Supervisor if it isn't on the COP list. The job needs to be ''Skilled'' according to the Border Agency standards. So, if it isnt on the COP list, they don't consider it to be skilled.

Although 3539 Business and related associate professionals not elsewhere classified is on the COP List, and it does cover anything not already listed, if you read through their examples, you job doesnt seem to fit it very well. (Conference co-ordinator, Exhibition officer, Management information officer, Work study engineer, Work study officer)

I have had a look through the different sections of the various COP lists. Honestly, I can't seem to find any SOC that matches your job ''closely''. You could perhaps mention 3539 as being the closest, but say that you wish to use the Consessions which fall outside the rules for Work Permit Holders.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Have a look at page 90 and 91. It talks about what to do if you can't find a SOC in the COP for your job.

''As there is no code of practice, you can take the appropriate salary rate as the higher of either the:
• rate stated on the applicant’s previous work permit document, or
• the national minimum wage at the date of the indefinite leave to remain decision.''

I'm not sure what supporting evidence you have to give in this circumstance, as I haven't been able to find much info for this avenue. I would have thought that as long as you provide your CV showing that the job requires you to be NVQ 3 or above; and that you demonstrate you have tried to find a suitable SOC code, you should be ok.

Thanks Daphne for the quick update.

This is exactly what I thought when I started the thread as listed above but still wanted to have some else opinion and advice. I guess I can attach the CV as well as the copy of the original advertisement when my company listed the job in the market as evidence that this job is highly skilled and required NVQ 3 level qualification.
I even tried to seek advice from two different solicitors and even paid there fee but couldn't get satisfactory answer. In fact one simply said that I don't need any code at all as I don't fall under this new rules which I am sure was incorrect information.
The only point which matches one of my job responsibility from code 3539 is Management information officer as I have to gather and mange loads of data and information in our project and represent it digitally as per the client and project specific solution but again this term is very imprecise. You think requesting Concessions which fall outside the rules for Work Permit Holders and sticking a copy of original job advert will be good move.
Anyone else have any view please write on this forum

Dear All,

I am old work permit holder, received my work permit in November 2006 I have recently make the application on Old work permit and trust me its getting REFUSED. If you are not been paid as stated in code of practice.

Like all I didn't listen to people on this forum and receive refusal finally. we all know this is not fair.

Has anyone got an approval on old work permit style, where they are not been able to fulfil the income requirement introduce in April 2011.

Thank you

Vishal