Certain SOC are not clear enough, please advise

[smarter1]

Hello forum users,

I have faced the following question: according to new SOC 2010, there is 2412 code 'barristers and judges', which indicates the salary for pupillage (trainee barrister). Now, if we open the next code 2413 'solicitors', it does not indicate anything for trainee solicitors, only new entrant and experienced bands.

Does it mean that trainee solicitors and paralegals are classified under the code 2419 'legal professionals not elsewhere classified'?

Thanks in advance for all the answers.

[geriatrix]

See 3520

[smarter1]

Hello sushdmehta,

Thank you, I am surprised I did not spot it. So, this code applies to paralegals and it means that now it is highly unlikely to sponsor people for this position. What about trainee solicitors? Under which code are they classified?

[geriatrix]

Paralegal is NQF 3, so not possible!

SOC document does not list a code for every conceivable title / designation. It is more to do with your job responsibilities and if an exact match cannot be found you select the one (SOC code) that best suits the job responsibilities.

It is between you and the sponsor to decide which SOC code is best suited for the job the sponsor is willing to sponsor you for.

[smarter1]

Thanks a lot, this is really helpful.

[smarter1]

Another unclear issue is the difference between 'new entrant' vs 'experienced'. I am aware that Appendix J, para 14(d) suggests the difference but another guideline came to my attention recently.

Codes of Practice for Skilled Workers, 6 April 2015, ver 04/15 at page four reads:

The lower pay threshold for new entrant employees is set at the 10th percentile of the pay distribution for full-time employees in that occupation. The new entrant thresholds apply to:
- Graduates switching into Tier 2 (General) within the UK from the student route or Tier 1 (Post- Study Work);
- Graduate recruits where you have used a university “milkround” to satisfy the Resident Labour Market Test;
- Graduates sponsored in the Intra-Company Transfer Graduate Trainee route; and
- Workers making a Tier 2 application who are aged 25 or under on the date they apply.

Clearly, this list is slightly different from para 14(d), in particular this list allows students switching to Tier2 to be classified as 'new entrants' and also people under 25. I am confused now, can anyone please clarify it?

Thanks!

[smarter1]

Also, this guidance - https://www.gov.uk/government/uploads/s ... _v_1_1.pdf at page 94 suggests that Tier4 students switching into Tier 2 can be paid 'new entrant' rate.

[geriatrix]

1. Immigration rules take precedence over policy guidance.
2. What you are suspecting to be "slightly different" is actually no different, if you can understand what "post-study work provisions" are (read appendix A).

[smarter1]

Thanks a lot, I actually missed PSW provisions from Appendix A. For everyone else's benefit: Appendix A states that Post-study work provisions include Tier 4 students.