SOC code 3538

[sammie9]

I am sorry if this is not the right thread or if I am tagging on the wrong one, but i desperatly need some advice, (dont know how to post a new thread) my tier 2 visa entrant level ( switching from tier 4) just got declined due to salary showing 21,500 for 40 hours instead it should have been for 39 hours, all other criteria's were met execpt this one small error, how do i change/ redo it and will the applcation be accepted this time if we just make a new contract for 38-39 hours instead? any advice will be highly appreciated

[UKLL]

I am sorry if this is not the right thread or if I am tagging on the wrong one, but i desperatly need some advice, (dont know how to post a new thread) my tier 2 visa entrant level ( switching from tier 4) just got declined due to salary showing 21,500 for 40 hours instead it should have been for 39 hours, all other criteria's were met execpt this one small error, how do i change/ redo it and will the applcation be accepted this time if we just make a new contract for 38-39 hours instead? any advice will be highly appreciated

Allocate a new CoS with correct information and reapply with with new CoS

[sammie9]

thank you, so if we made a new COS and just reduced the number of working hours to 38.5 same salary of 21,500 , should be good?

[sammie9]

Hi Everyone,
Need some help please ( tier 2 application refused) so I wanted to know what is the working hours and salary calculation for the SOC code ( new entrant level for tier 2 switching from tier 4) so that the CoS can be made accordingly, thank you, Also since the MSC results for tier 4 students are not yet declared, will a letter from the Uni suffice ( I have one from them dated in mid Jan, can i use it again to reapply for the new application . the original tier 2? application was refused due to the salary beng insufficient against the number of working hours

[sammie9]

Hi , I would appreciate if anyone can answer my query s posted above . So creating a new CoS using SOC code 3538, with the specific working hours that match the salary as mentioned in the refusal letter , ie 39 hours against salary of 21,500) will this cause a concern with HO, as its seems the hours are amended to meet the salary requirement since the tier 2 application was refused because the CoS stated 40 hours ( instead of 39) a week with a salary 21500.so the salary was low as 21,500 should be for 39 hours a week and not 40. hence they refused the visa, on grounds that salary was not met. thank you in advance, I hope to hear from someone soon

[Frontier Mole]

As long as you meet the requirements of the SOC it will not fail on those grounds.
SOC 3538 is a suspect role and is often investigated post grant of the visa or if you are unfortunate it may be refused on Non genuine vacancy rules especially if it is at an accounting business.

[sammie9]

As long as you meet the requirements of the SOC it will not fail on those grounds.
SOC 3538 is a suspect role and is often investigated post grant of the visa or if you are unfortunate it may be refused on Non genuine vacancy rules especially if it is at an accounting business.

I am sorry i did not understand what you mean by suspect role, SOC 3538 is in appendix J and list of SOC Codes for tier 2, also this soc closely matches my job requirements, now am really worried

[CR001]

As long as you meet the requirements of the SOC it will not fail on those grounds.
SOC 3538 is a suspect role and is often investigated post grant of the visa or if you are unfortunate it may be refused on Non genuine vacancy rules especially if it is at an accounting business.

I am sorry i did not understand what you mean by suspect role, SOC 3538 is in appendix J and list of SOC Codes for tier 2, also this soc closely matches my job requirements, now am really worried

There are a number of 'suspect' SOC's on the Appendix J, the one for 'business development manager' is another one too.

What exactly is your job role/title and is it for an accounting business or retail or .......??

[Frontier Mole]

SOC 3538 has been used by unscrupulous sponsors as a catch all job role particularly in the accounting industry to recruit part qualified accountants into their business.
In the retail industry’s it is also used as a vague cover all role for low end account management.
Account management as expected in say managing major brand accounts , advertising accounts, large portfolio individual accounts etc are very rarely seen.
If a business has a turnover of £100 million I would expect to see account managers. If it is an accounting firm looking after big brands say like Tesco, BMW and the like yip thet would have account managers.
But a small medium enterprise with less than a few million turnover and less than 20 employees is highly unlikely to be able to justify an account manager.

[sammie9]

As long as you meet the requirements of the SOC it will not fail on those grounds.
SOC 3538 is a suspect role and is often investigated post grant of the visa or if you are unfortunate it may be refused on Non genuine vacancy rules especially if it is at an accounting business.

I am sorry i did not understand what you mean by suspect role, SOC 3538 is in appendix J and list of SOC Codes for tier 2, also this soc closely matches my job requirements, now am really worried

There are a number of 'suspect' SOC's on the Appendix J, the one for 'business development manager' is another one too.

What exactly is your job role/title and is it for an accounting business or retail or .......??

Hi CR001, thank you for replying, the job title is Accounts manager , salary 21,500 new entrant 39 hours/week using SOC 3538, for a retail ltd company and just one more question plz, can i immediately apply as i got a new CoS and i dont intend to go for admin review, however my current tier 4 visa is still valid until may

[sammie9]

SOC 3538 has been used by unscrupulous sponsors as a catch all job role particularly in the accounting industry to recruit part qualified accountants into their business.
In the retail industry’s it is also used as a vague cover all role for low end account management.
Account management as expected in say managing major brand accounts , advertising accounts, large portfolio individual accounts etc are very rarely seen.
If a business has a turnover of £100 million I would expect to see account managers. If it is an accounting firm looking after big brands say like Tesco, BMW and the like yip thet would have account managers.
But a small medium enterprise with less than a few million turnover and less than 20 employees is highly unlikely to be able to justify an account manager.

thank you for your response Frontier Mole, the SOC 3538, was used in the first tier 2 application but was rejected because of working hours not meeting salary requirement , nothing was mentioned about wrong soc or suspect soc, so now this is really alarming as to the soc being the right one but according to my job role the 3538 soc matches closely ( no description on company's size or number of employees are stated)end of the day we are only trying to follow the guidelines in all honesty and picked the soc that closely relates to the job title . We did not create a job title to fit the SOC, so now what would you recommend?

[sammie9]

I am sorry if this is not the right thread or if I am tagging on the wrong one, but i desperatly need some advice, (dont know how to post a new thread) my tier 2 visa entrant level ( switching from tier 4) just got declined due to salary showing 21,500 for 40 hours instead it should have been for 39 hours, all other criteria's were met execpt this one small error, how do i change/ redo it and will the applcation be accepted this time if we just make a new contract for 38-39 hours instead? any advice will be highly appreciated

Allocate a new CoS with correct information and reapply with with new CoS

Hi UKLL
How can i explain the readon for changing the weekly working hours from 40 hours/week to 39 hours ? so HO understands it was a genuienne error made in the working hours

[UKLL]

I am sorry if this is not the right thread or if I am tagging on the wrong one, but i desperatly need some advice, (dont know how to post a new thread) my tier 2 visa entrant level ( switching from tier 4) just got declined due to salary showing 21,500 for 40 hours instead it should have been for 39 hours, all other criteria's were met execpt this one small error, how do i change/ redo it and will the applcation be accepted this time if we just make a new contract for 38-39 hours instead? any advice will be highly appreciated

Allocate a new CoS with correct information and reapply with with new CoS

Hi UKLL
How can i explain the readon for changing the weekly working hours from 40 hours/week to 39 hours ? so HO understands it was a genuienne error made in the working hours

You don't really need to explain, but in the "past rejection history" part you can say your last application was refused because your company made an error, that they mistakenly put 40 hours/week when it's actually 39 hours/week

[sammie9]

You don't really need to explain, but in the "past rejection history" part you can say your last application was refused because your company made an error, that they mistakenly put 40 hours/week when it's actually 39 hours/week
[/quote]

Thank you for your response, so as I understand, the employer does not need to give a cover letter they will just issue a new CoS with the correct details and we can reapply as if its a new application, ( off course mentioning the refusal reason for previous application in the rejection history field)