Urgent Cos enquiry

[Bhavrdy]

Hi,

I was offered a job in the NHS and given a CoS thru which I applied for my tier 2 visa. The CoS was issued with the job under the shortage occupation with a minimum salary of 28,000/annum and was processed. I was offered a 2nd job with the same trust with a similar job and the CoS this time was not assigned as the hospital told me the basic salary for a medical practioner under shortage occupation has to be 36,000 and the Cos was assigned first time by mistake. How is this possible?

I am confused as to how the CoS was assigned the first time under the same category? And was also processed and my visa granted. Is it the mistake of the UKBA or the Hospital? What do I do next?

Any help would be appreciated.

[manci]

to sort out if this was a mistake or not, and if it was who made it, you need to establish where your job falls.

First of all get a printout of the two CoSs from your NHS sponsor. A CoS states the SOC code, job title and job description. Also look at your offer of employment letter to see if the job description in it tallies with what is in the two CoSs.

Then look at SOC code 2211 in the shortage occupation list:
https://www.gov.uk/government/uploads/s ... tnov11.pdf
and check if your job is actually a specified shortage occupation.

Also look at SOC code 2211 in Appendix J to the Immigration Rules:
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[Bhavrdy]

Thanks manci

I haven't been issued a second CoS.
Also what is the difference btw the two lists. The code for medical practioners in both is 2211.


Acc to the list my job does not fall under shortage occupation but I was issued a Cos under that category the first time even though the salary didn't match up to it. It's weird. Does it have something to do with the hospital title? Could it have been mistaken for a job under standard occupation list?

Please advice.

[Bhavrdy]

Can somebody post the link for the PBS codes of practice: skilled workers ( from April 6th 2014) . I'm unable to open it on the gov website.

Does it have something to do with the job title entered in the Cos the 2nd time?

[manci]

Thanks manci

I haven't been issued a second CoS.
Also what is the difference btw the two lists. The code for medical practioners in both is 2211.

Appendix J applies overall but if a job is a shortage occupation there are certain concession/exceptions.

Acc to the list my job does not fall under shortage occupation but I was issued a Cos under that category the first time even though the salary didn't match up to it. It's weird. Does it have something to do with the hospital title? Could it have been mistaken for a job under standard occupation list?

It seems that the hospital made a mistake. UKBA probably realised that your job wasn't a shortage occupation but since you satisfied the immigration requirements without the job being a shortage occupation they granted you the visa.

Please advice.

[manci]

Can somebody post the link for the PBS codes of practice: skilled workers ( from April 6th 2014) . I'm unable to open it on the gov website.

the link to the codes of practice is here:
https://www.gov.uk/government/uploads/s ... 4_V0_6.pdf
it has been incorporated in Appendix J to the immigration rules

Does it have something to do with the job title entered in the Cos the 2nd time?

[Bhavrdy]

Thanks for your reply manci.

What is the course of action I can take now? Should I tell the hospital they made a mistake and to issue me a second Cos under standard occupation list? They weren't able to do it acc to shortage occupation.

[manci]

you need to check what was in the CoS on the basis of which you were granted your visa - ask HR for a printout

[Bhavrdy]

Thanks manci

I haven't been issued a second CoS.
Also what is the difference btw the two lists. The code for medical practioners in both is 2211.

Appendix J applies overall but if a job is a shortage occupation there are certain concession/exceptions.

Acc to the list my job does not fall under shortage occupation but I was issued a Cos under that category the first time even though the salary didn't match up to it. It's weird. Does it have something to do with the hospital title? Could it have been mistaken for a job under standard occupation list?

It seems that the hospital made a mistake. UKBA probably realised that your job wasn't a shortage occupation but since you satisfied the immigration requirements without the job being a shortage occupation they granted you the visa.

Yes but how was the CoS assigned in the first place. To assign a CoS, don't they have to check whether the job meets all the requirements under the shortage occupation category?


Please advice.

[Bhavrdy]

Hi manci,

The hospital assigned me a CoS the first time under the shortage ovcupation category even though the job was not on it and was accepted by the ukba.

But they are refusing to do so the second time saying the system for assigning CoS has changed and they can no longer do so.

Does this make any sense?