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New SOC jobs COS application - restricted or unrestricted?

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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rapunzel
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New SOC jobs COS application - restricted or unrestricted?

Post by rapunzel » Fri Sep 13, 2019 11:37 pm

Hi all,

The timing of our CoS application is a bit unfortunate. My company just got a sponsor license around a month ago or so, and we're wrapping up the RLMT process (ends tomorrow). My job code falls under programming, 2136, but on September 9th it was announced that it would be on the shortage list starting October 6th. I am now confused, because if we were to apply for a RCoS now, the decision would be made on October 11th. If it were approved and I applied for the visa, would the RCoS no longer be needed and the application refused?

According to the document regarding Appendix J changes:

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 theirSponsor before 6 October 2019, the application will be decided in accordance with the Immigration Rulesin force on 5 October 2019.

Obviously I will not have made the application before October 6th. There are no UCoS currently allocated because we thought we wouldn't need them with the RCoS application, so in case we need it we'd have to apply. I've been reading this board and apparently the waiting time is 18 weeks - is this correct? Would the premium service be a must? Are the odds of getting an in-year UCoS allocation refused high, especially for a new sponsor?

Sorry for all the questions. It's all a bit confusing and this bit is critical - I wouldn't want to apply for a visa only to be refused and told I got the wrong kind of CoS when we likely have the means to obtain either.

Many thanks in advance!

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bganuk
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Re: New SOC jobs COS application - restricted or unrestricted?

Post by bganuk » Sat Sep 14, 2019 6:36 am

You are mixing things up:

Unrestricted certificate of sponsorship
29.4 These are for:
• Tier 2 (General) workers applying from overseas who will be paid £159,600 or more a year
• Tier 2 (General) workers who are already in the UK working for you and need to extend their leave
• Tier 2 (General) workers who are already in the UK working for you andare changing jobs and the new job is in a different standard occupational classification (SOC) code
• Tier 2 (General) workers who are already in the UK and who want to start work for a new sponsor
• individuals already in the UK under another immigration category and who are eligible to switch into Tier 2 (General); this doesn’t include those who are in the UK as a Tier 4 dependant
• high value inward investment posts - where the job offer is for the migrant to work in support of a posting from an overseas firm to you in connection with the relocation of a high value business to the UK or a significant newinward investment project
• nurses using SOC code 2231
• doctors using SOC code 2211

If you do not fall into any of these categories, you will need an RCoS

The job on the shortage list means only that you have more points for the monthly allocation and that your sponsor doesn't have to run RLMT and that's all.

As far as I understand, the SOC list will be updated only on October 6, but your sponsor must request an RCoS by October 5, which means that your sponsor cannot use the new SOC list for October allocation because the new codes under shortage will be updated only on October 6. It's my understanding

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CR001
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Re: New SOC jobs COS application - restricted or unrestricted?

Post by CR001 » Sat Sep 14, 2019 7:39 am

SOC 2136 has been on BOTH the shortage and non shortage list for a number of years. There are specific requirements for 2136 as a shortage occupation that you must meet, see link below.

uk-tier-2-employer-sponsored-visas/soc- ... 74340.html
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rapunzel
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Re: New SOC jobs COS application - restricted or unrestricted?

Post by rapunzel » Sat Sep 14, 2019 1:26 pm

Thank you both for the reply, upon further research I also realized I mixed up the unrestricted CoS with RLMT. CR001 - I meant the 2136 that's been on the non shortage list, but it has recently been announced that all jobs under it are moving to shortage list, hence the confusion.

So when my sponsor applies for the RCoS, do they tick the job as a shortage occupation? I am still confused by the statement that I quoted in my original post, as it seems like any CoS assigned after October 6th will be treated according to the updated shortage list. In this case I would get mine on October 11th. Or should my sponsor follow through with the RLMT evidence?

Also, if the RLMT rule still holds for 2136 at the moment, is it worth waiting for next month since shortage occupation jobs get a lot more points during evaluation?
Last edited by rapunzel on Sat Sep 14, 2019 1:29 pm, edited 1 time in total.

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CR001
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Re: New SOC jobs COS application - restricted or unrestricted?

Post by CR001 » Sat Sep 14, 2019 1:28 pm

Please click the link I have provided to read the difference for SOC 2136 on shortage and non shortage.

For shortage your sponsor must meet the specific requirements as stated in appendix k. If they do not, then you are non shortage.

You can't choose which one you want, for shortage it must meet the specific industry requirements and the company must be a qualifying company as stated in appendix k.
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rapunzel
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Re: New SOC jobs COS application - restricted or unrestricted?

Post by rapunzel » Sat Sep 14, 2019 1:30 pm

Just edited my post with a detail clarifying what I meant, putting it here one more time - I meant the 2136 that's been on the non shortage list, but it has recently been announced on September 9th that all jobs under it are moving to shortage list starting October 6th, hence the confusion. I'm fully aware of the differences between shortage and non shortage jobs, especially for this code as it concerns me, as I've done a lot of reading and browse this board frequently.

Tier2ICTAug2013
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Re: New SOC jobs COS application - restricted or unrestricted?

Post by Tier2ICTAug2013 » Mon Oct 14, 2019 1:37 pm

Hi CR001,

Seem time is noe come to be update this article.

uk-tier-2-employer-sponsored-visas/soc- ... 74340.html

as you mentioned , In this Appendix no. is deleted in October 6th.

4. DELETED

In more,

2136 Programmers and software development professionals All jobs in this occupation code

i would be suggest review again . please advice us on more this .

waiting for your reply.

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