Trouble choosing Category

[niravrdarji]

Hello Team,

I will explain the whole situation in a brief.

I came to this country on Student visa in 2010 for Master in Science course. Now, I am on Tier 1 Post Study Work which expires on 4th August,2014 and working with Wiltshire Council since October 2012.

I am intending to apply for Tier 2 General sponsorship visa. I work with Highways department as Network Officer and mostly dealing with Maps (Geographical Information System) and some administrative tasks. In past couple of weeks, I have been picking up categories but our wiltshire council legal team is not accepting some or other way.

To explain bit more to you, I have selected category from NQF level 3.
Legal team replied back and said I can only select category from NQF Level 6. Their reasoning is that it is safe to get visa and I have done M.Sc from Univ of Portsmouth which fall in to Level 7.

Alright then, I sat down with my Line manager and selected another category from Level 6 (Town Planning officer SOC 2432). Legal team again rejected saying I am not qualified town planner.

Last week, I choose one more category SOC 2429. I had meeting with them today in the afternoon and they have said that they cant issue CoS because this SOC is matching with senior executives/Head of services/Managerial professionals and I am not one of them.

I am confused what to do next. Deaprtment is ready sponsor me. Legal team has got different understanding of level 6 categories.

My questions are
1) what are the percentages of matching SOC job tasks with my current profile?
2) Is it compulsory to choose category from NQF Level 6 not even Level 4/3? How does this effect on visa approval procedure?

Legal team could be convinced if professional immigration solicitor can discuss with them.

Hope, this gives you idea of the situation

Thank you very much again,

Have a nice evening,

Regards,

Nirav Darji

[physicskate]

Hello Team,

I will explain the whole situation in a brief.

I came to this country on Student visa in 2010 for Master in Science course. Now, I am on Tier 1 Post Study Work which expires on 4th August,2014 and working with Wiltshire Council since October 2012.

I am intending to apply for Tier 2 General sponsorship visa. I work with Highways department as Network Officer and mostly dealing with Maps (Geographical Information System) and some administrative tasks. In past couple of weeks, I have been picking up categories but our wiltshire council legal team is not accepting some or other way.

To explain bit more to you, I have selected category from NQF level 3.
Legal team replied back and said I can only select category from NQF Level 6. Their reasoning is that it is safe to get visa and I have done M.Sc from Univ of Portsmouth which fall in to Level 7.

Alright then, I sat down with my Line manager and selected another category from Level 6 (Town Planning officer SOC 2432). Legal team again rejected saying I am not qualified town planner.

Last week, I choose one more category SOC 2429. I had meeting with them today in the afternoon and they have said that they cant issue CoS because this SOC is matching with senior executives/Head of services/Managerial professionals and I am not one of them.

I am confused what to do next. Deaprtment is ready sponsor me. Legal team has got different understanding of level 6 categories.

My questions are
1) what are the percentages of matching SOC job tasks with my current profile?
2) Is it compulsory to choose category from NQF Level 6 not even Level 4/3? How does this effect on visa approval procedure?

Legal team could be convinced if professional immigration solicitor can discuss with them.

Hope, this gives you idea of the situation

Thank you very much again,

Have a nice evening,

Regards,

Nirav Darji

Right, The basics:

You are not allowed to be sponsored on a Tier 2 General judged to be less than skill NQF 6. The legal team have said that your job description does not match any under level 6, therefore you cannot be sponsored. They need to be looking for the BEST fit for your job. This has nothing to do with your education level. You could have a PhD, but you need to be working at a job that is considered to be highly skilled at or above NQF 6.

[niravrdarji]

physicskate

Thank you for your reply.

One more question which keeps nagging me choosing Level 6 Does that mean applicant has to be at Head of Service/Directors/Managerial position???

Last category I have chosen was complete suitable with my profile apart from 2 BULLET POINTS out of 6/7.

Awaiting for reply.

Nirav

[physicskate]

physicskate

Thank you for your reply.

One more question which keeps nagging me choosing Level 6 Does that mean applicant has to be at Head of Service/Directors/Managerial position???

Last category I have chosen was complete suitable with my profile apart from 2 BULLET POINTS out of 6/7.

Awaiting for reply.

Nirav

Well, I am a sponsored worker, but not a manager. It depends what it says for your sector in the SOC codes. Luckily for me, I am a teacher, which is NQF 6. In many fields, it is only managers/ directors that are REQUIRED to have knowledge and skills to 'degree' level. To a certain extent, where they draw the line is arbitrary... but your legal team has said that your job is not NQF 6. If the best fit for your role is less than NQF 6, you will not get approved for a Tier 2 visa.

Remember you would also need to meet the salary requirement for that code...

[Frontier Mole]

Nirav,
The last SOC you chose would have been rejected on the basis that a local government sponsor has very fixed hierarchical job bands and that SOC would by definition have made you a senior manager. If the HO did as audit and found that you were not in a senior management role then the council would have a serious issue.

I am struggling to see a NQF6 role that covers the activity you do from your previous posts. Could you give a bit more info as to what your role involves?