URGENT- SOC Code advice

[danielled]

Hello,

I would really welcome and appreciate any advice on this matter. I currently have a PSW, which expires on April 24 2014. I am permanently employed by an organisation that does not currently have sponsorship. Due to a mistake in their HR procedure, I was given a job about 9 months ago despite being completely transparent about my immigration status. I filed a grievance (which I lost) and an appeal (which I won), that recommends my employer 'depart from their policy' and become my sponsor. While this was being decided, my employer advertised for my position at a higher pay grade than my own.

My job description (as well as that of the re-advertised position) fits the SOC code 3545 and my salary is £24,000. The HR office does not seem convinced that my job matches the 3545, however, and is seeking the advice of the ONS before they become a sponsor. I have proven many times over in my hearing how my job meets every example listed under that SOC code. My hearing was heard by two lawyers, who also agree that my job is NQF Level 6, especially because my salary is higher than the new entrant rate and the newly advertised position is even higher than that (by about £5,000).

My question is this: How much evidence of the right SOC code does my sponsor need to provide? Can the UKBA reject the application because they don't believe the SOC code is correct? Everything I've read says that the employer must determine the code, not the BA. I've gone through the application to become a sponsor and don't see anywhere that the code even needs to be listed or explained. Correct me if I'm wrong, but the SOC codes seem designed to guide on salary and do not contribute to the points I'd need to secure the visa (in the most literal sense).

Help?!

[manci]

The SOC code has to be determined by the sponsor and stated in the CoS together with job title, job description and salary. The employer is responsible to the HO for what they put in the CoS, it is a self-certification process. If the HO find that information provided in the CoS is incorrect, e.g. during an inspection, the sponsor can be penalised.

Are you sure that what they tell you is not just an excuse for not wanting to sponsor you or for not wanting to go through the hassle of applying for a sponsor licence?

[danielled]

Hi manci,

Yes, I do believe that they are trying to get out of sponsoring me. They're planning to send a letter to the ONS, which they cannot confirm I'll be allowed to see, detailing 'the facts of the case' and asking for advice. My fear is that they're going to phrase things in a way that will lead the ONS to say that my job is not the required skill level, despite all of the evidence I've proven to the contrary. I work for a rather large organisation, so the HR office writing these letters is not exactly familiar with my role.


What exactly do you mean by 'incorrect'? Surely if my employer decides that my job is the right level (and I have evidence that proves it), that information is then correct.

Thank you for your help

[Bhav]

The SOC code has to be determined by the sponsor and stated in the CoS together with job title, job description and salary. The employer is responsible to the HO for what they put in the CoS, it is a self-certification process. If the HO find that information provided in the CoS is incorrect, e.g. during an inspection, the sponsor can be penalised.

Are you sure that what they tell you is not just an excuse for not wanting to sponsor you or for not wanting to go through the hassle of applying for a sponsor licence?

hello manchi what document need for tier 2 extension ? could you please let us know !