Is SOC change allowed from 2000 to 2010 code, for SET-O app?

[jallen300]

Hello,

I've been in the UK for 5 years, always with the same employer and the same job. I'm submitting my SET-O application for Indefinite Leave to Remain in a few weeks.

The SOC code my employer used in 2010 was "1136 Information and communication technology managers." The SOC conversion table lists three SOC 2010 codes that now correspond with that SOC 2000 code. They are:
- 1136 Information technology and telecommunications directors
- 2133 IT specialist managers
- 2134 IT project and programme managers
My job most closely corresponds to the job description for 2134 IT project and programme managers.

In my SET-O application, should I list my job as 2134 IT project and programme managers, or will I risk my application being rejected because this will not match the code my employer used for my original visa application in 2010 and my visa extension application in 2013 ("1136 Information and communication technology managers")?

I don't want to use the new 1136 code ("Information technology and telecommunications directors") because the experienced worker threshold for that job is now £75,000, which I don't meet. The experienced worker threshold for "2134 IT project and programme managers" is £40,300, which I do meet. Or perhaps the pay threshold is not relevant anyway because I entered the country in 2010 under the old rules, and so the new pay thresholds don't apply to me?

Any advice would be greatly appreciated!

Thanks so much in advance,

Jeff

[manci]

you said that for the 2013 extension SOC code 1136 was used. If SOC 2010 was in force at that time was your salary in line with this code?

[jallen300]

Hi Manci,

you said that for the 2013 extension SOC code 1136 was used. If SOC 2010 was in force at that time was your salary in line with this code?

It must have been in line with the code because I received the visa extension in 2013 with no problems. But to be honest I'm not sure we even checked. I think we assumed that whatever code and salary level applied during my first application (2010) would still be applied during the renewal (2013), and since my salary had even been raised a little since my first application we presumed there would be no problems. And I didn't get any negative feedback on that application -- so either it wasn't a problem, or they didn't check? At the time, I probably wasn't considered an "experienced" worker (I had only been in the job for a few years). Also, I believe the previous SOC code inlcuded many subdivisions, some of which had salary requirements below what I was earning at the time (like "Business analyst: £31,200" -- see page 555 of https://www.gov.uk/government/uploads/s ... -apr13.pdf).

So... assuming all was ok back in 2013, what SOC code should I be using now?
- The same one (1136), which is now called "Information technology and telecommunications directors" and has a minimum threshhold for experienced workers of £75,000, which I don't meet; or...
- A different SOC code (2134), but which falls within the category of the old 1136 (see page 22 and 46-47 of https://www.gov.uk/government/uploads/s ... 4_V0_6.pdf), matches my job description much better than the new 1136, and has an experience worker threshhold of £40,300, which I do meet.

Thanks for any advice -- my appointment is next week so I really need to get this sorted asap!!

Jeff

[manci]

Your employer has to certify in writing that you are paid at or above the appropriate rate for the job as stated in the c.o.p in Appendix J.
In view of the change from SOC 2000 to SOC 2010 suggest your employer specifically states in the letter that your job is code 2134 IT project and programme managers and

[manci]

Your employer has to certify in writing that you are paid at or above the appropriate rate for your job as stated in the c.o.p in Appendix J.
In view of the change from SOC 2000 to SOC 2010 suggest your employer specifically states in the letter that your job is code 2134 (IT project and programme managers) and you put the same at 5.5 in the application form

[jallen300]

Thanks Manci!

Your employer has to certify in writing that you are paid at or above the appropriate rate for your job as stated in the c.o.p in Appendix J.
In view of the change from SOC 2000 to SOC 2010 suggest your employer specifically states in the letter that your job is code 2134 (IT project and programme managers) and you put the same at 5.5 in the application form

You don't think this will cause a red flag because the code 2134 would not be the same as the one I've used in my previous two visa applications -- or that if it would cause a red flag, it would be approved anyway because 2134 is a sub-category of within the old 1136?

Do you think I should explicitly mention in the letter or as a note on 5.5 that this is a change from the previous code used, but that the new (SOC 2010) code is a subcategory of the previous (SOC 2000) code used?

[manci]

Thanks Manci!

Your employer has to certify in writing that you are paid at or above the appropriate rate for your job as stated in the c.o.p in Appendix J.
In view of the change from SOC 2000 to SOC 2010 suggest your employer specifically states in the letter that your job is code 2134 (IT project and programme managers) and you put the same at 5.5 in the application form

You don't think this will cause a red flag because the code 2134 would not be the same as the one I've used in my previous two visa applications -- or that if it would cause a red flag, it would be approved anyway because 2134 is a sub-category of within the old 1136?
shouldn't be a problem but you may wish to ask your sponsor to retrieve the 2013 CoS from the SMS and check if the job description given then corresponds to the current job description for code 2134

Do you think I should explicitly mention in the letter or as a note on 5.5 that this is a change from the previous code used, but that the new (SOC 2010) code is a subcategory of the previous (SOC 2000) code used?
no need, the HO are aware of the changes and, in any case, there was no code 2134 in 2013. As suggested above your sponsor's letter should deal with this topic.

[jallen300]

Thanks, Manci. This is really helpful!

By the way, any idea why the new codes are called SOC 2010 if they didn't go in force until July 2013 (or am I wrong about when they went into force)?

[varunchadha2583]

Hi Manci,

I got Tier 2 General for changing the job in Feb 2013 when I was assigned COS with SOC code 2132. I am supposed to apply my ILR in June but I am not sure what SOC code should I use in SET O form and Employer Confirmation Letter?

Is 2132 still valid?

[manci]

Hi Manci,

I got Tier 2 General for changing the job in Feb 2013 when I was assigned COS with SOC code 2132. I am supposed to apply my ILR in June but I am not sure what SOC code should I use in SET O form and Employer Confirmation Letter?
SOC code 2132 has been replaced by SOC codes 2135, 2136 and 2139. In the employer's letter (and your application) one of these three should be stated, whichever is appropriate to your job. Your salary must be at least the minimum as per the codes of practice for the SOC code chosen

[varunchadha2583]

Thanks a lot Manci.

My earlier role was mapped to being closest of that of a Senior Test Analyst and among the new one's 2139 seem to be nearer.

I have reached out to my HR to help me with same. I also tried to get in touch with the solicitors who my company work with and being solicitors they knew the process and said they would usually charge £240 for the same which either company or employee would pay.

I hope that company pays for it as I don't want to pay for that.

[manci]

Thanks a lot Manci.

My earlier role was mapped to being closest of that of a Senior Test Analyst and among the new one's 2139 seem to be nearer.

I have reached out to my HR to help me with same. I also tried to get in touch with the solicitors who my company work with and being solicitors they knew the process and said they would usually charge £240 for the same which either company or employee would pay.

I hope that company pays for it as I don't want to pay for that.

it is the company's responsibility, not yours, to determine the most appropriate SOC code, the solicitors have nothing to do with it

[varunchadha2583]

Thanks Manci.

I will wait for my HR to comeback on this.