URGENT: T2 Visa denied for wrong SOC code

[sm17]

Hi all,

Please help. I have recently applied to switch to a Tier 2 sponsored from a tier 4 student using their premium service. Unfortunately I got a rejection letter today (Oct. 22nd 2014) due to a wrong SOC code provided by my employer whom I have been employed by originally as a student. I have met all the other requirements/points otherwise (maintenance funds etc).

The SOC code wrongly given on my CoS 3541 is for a lower skilled level (NQF level 4), although I am a BA honors graduate from the UK (NQF level 6) and the SOC code should have been 2429. In order to continue to work for the company, they have raised my salary to meet the appropriate salary of a NQF 6 applicant - £20,500.

My current leave has expired 3 days ago on Oct. 20th. I read online that I have 28 days to make an appeal or voluntarily 'remove' myself and I am not within the period to re-apply within the one month application time?

Please advise - should I hire a lawyer? If so, are there any in London that anyone could recommend?
What should my next steps be?

Thanks in advance to anyone that can help!

[manci]

It is the sponsor's responsibility to determine the SOC code on the basis of the job description. The two must be a close match.

If they made a mistake the way to correct it is for them to assign a new CoS and for you to re-apply within 28 days of the expiry of your T4 leave.

[sm17]

Hi manci,

Thanks for your reply. I'm glad to hear from you since you have given useful advice on other posts.

My current visa has expired so it seems I'll have to make an appeal in order to continue working for my employer without overstaying. I'm not an expert on immigration so I think I'll hire a lawyer - should I go for a non profit lawyer or pay for a for profit lawyer?

Also how long will it take for the new CoS to be issued by the home office? Apparently there's an express service for this, is this still the case?

Thanks

[manci]

Appealing within the time limit for appeals will make your T4 leave continue but you will have to convince your employer that they won't be breaking the law by continuing to employ you.

The key issue is the skill level for the job offered and this is up to the employer, not for you, to determine. Did they make a mistake or did they actually consider that the SOC code for the job they offered (3541, NQF level 4) was the correct one?

The job and the associated SOC code also has to be credible. Without knowing your circumstances SOC code 2429, which is NQF level 6, is a senior position and it is not immediately obvious that it would be appropriate to appoint a new graduate to it.

If your employer has a CoS allocation available they can assign a new CoS to you immediately, if not they have to apply for an increase in their allocation which is a fairly fast process unlikely to take more than 2-3 weeks but it can also be just a few days.