SoC 5434 ; NQF level ??? urgent help please.

[ngpriya]

hi all,
could you please advise me on the followings (very very urgent case):
i had applied for a Tier 2, shortage occupation chef, SoC code 5434 chef, salary 29.5k per year, applied for tier 2 on same day service at the home office; file was put on hold for 7 hours and given a refusal letter.
the reason of refusal is mainly Soc code chef is below NQF level 3.
applied through an agent and agent keeps misguiding . there is no right of appeal given and have to leave the country immediately.
we would be highly grateful to you if you could us some suggestion.

thanks
ngpriya

[deathgaze1]

Some thing is not right.

SoC Code 5434 Chef, is on the shortage occupation list.

A skilled chef who meets the increased salary and experience requirements of the Shortage Occupation List is considered to be skilled at NQF 4.

Do you meet all the requirements? If you do could it be a mistake on the CoS?

Find where the mistake is and re-apply with correct paperwork?

[manci]

do you meet the shortage occupation requirements for skilled chefs?

- the pay is at least £29,570 per year after deductions for accommodation, meals etc; and
- the job requires five or more years relevant experience in a role of at least equivalent status to the one they are entering; and
- the job is not in either a fast food outlet, a standard fare outlet, or an establishment which provides a take-away service; and
- the job is in one of the following roles:
o executive chef – limited to one per establishment
o head chef – limited to one per establishment
o sous chef – limited to one for every four Spam staff per establishment
o specialist chef – limited to one per speciality per establishment
A fast food outlet is one where food is prepared in bulk for speed of service, rather than to individual order.

[ngpriya]

yes thats right.
i have been awarded points on maintenance, languages etc but home office did not award me any points on sponsorship Cos as they said it is nqf level 3 or below ( even if i have 5+ years work experience as a chef, salary about 30k) and position is indian speciality chef (soc 5434).
i am switching from tier 4 to tier 2 as i have recently passed uk masters degree.
i have attached a copy of home office letter too.
many thanks.

[manci]

do you and the restaurant meet all the requirements described in Appendix K under SOC code 5434?
https://www.gov.uk/government/uploads/s ... _final.pdf