SOC Code/Business nature - Tricky Question

[muhammadaliabad]

Hello Everyone,

First of all, Thanks to Kickass, Entrepreneur 9, Rehan01, Entrepreneur123, all other Gurus and active member who are contributing to this forum on various queries,

I am going to apply for Tier-1, Entrepreneur on my own switching from PSW (50K) in my own uk bank account. I am MBA qualifed from UK. I have read policy guidance and quite alot information on this forum.

I am having the confusion regarding the job title and business nature.

The SOC code which I am thinking to use is the

1132 - Sales Director (NVQ Level 6)

But the nature of business is trading which means importing let say clothing stuff and selling in different markets or for instance buying technology stuff and selling to different clients.

I am not sure is it necessary that our business should be NVQ level 4 or above? because as per the UKBA wordings on tier-1 entrepreneur page it says that the job title should be NVQ level 4 or above and it didn't mention anything about business nature has to be above level 4. Following are the lines quoted by UKBA on the tier-1 front page

'are engaged in business activity, other than the work necessary to administer your business. Your occupation must appear on the list of occupations at the National Qualifications Framework level 4 and above, as stated in the codes of practice for Tier 2 sponsors'.

Can you please provide your valuable feedback in that case, which will help me to decide my business nature and then I can do further steps like business plan, contracts, advertisements and etc to prepare my case.

[Lucapooka]

Define 'trading'. What is the activity? There are no retail or wholesale operations at level 4. Regardless of your job title (your role in the business), be it president, or sales director, or whatever, the nature of the business must be at level 4. It seems from what you have stated this business will not qualify when switching from PSW. It would be fine for the 200K entry but not the 50K.

Read of the para 49 (iv) of the guidance:

Other than the work necessary to administer the business, your main business activity must be working skilled to National Qualifications Framework 4 or above. We will not take into account the tasks involved with the running of the business for this assessment.
For example
• If the business is software sales and your main activity is developing software, you may qualify for points;
• If the business is a taxi firm, the main occupation is driving a taxi and you will not score points even though you manage the business. Your main activity is providing a taxi service which is not skilled to graduate level.

[muhammadaliabad]

Thanks Lucapooka for the reply. I have understood what you mentioned in reply. Because I am in doubt that business will not qualify for switching from PSW to tier 1 from uk.

[RizKCB]

@muhammadaliabad

Point 121 in Guidance policy emphasizes on 2 very clear issues:
1- Business Activity: Evidence is marketing material which states in general about your buisness.
2- Trading Activity: Evidence is contract with details of services which states in details what are you providing to your client in relation to business activities you mentioned on marketing material.
Both must relate to each other (Obviously) and of Level 4 or above.

Do not select any profession with the word 'Director' in it. Yes it is Level 6 but technically it sounds something bigger and unrealistic when specifying your age, experiences and educational background. Better to select For example 'Sales Manager'. No doubt you are Director of your business as a whole.
Secondly, are you making any contract with your clients over your services? IF NOT then revise your business category. Selling products to customers is not level4 whether you import products or purchase locally from wholesales.

You are reading 'are engaged in business activity, other than the work necessary to administer your business. Your occupation must appear on the list of occupations at the National Qualifications Framework level 4 and above, as stated in the codes of practice for Tier 2 sponsors'.
But another important thing in this phrase starts after it as 'Working in this context means...'

Do not stick to Guidance policy only. There is one more thing even important than Guidance Policy which are Immigration Rules. When somebody unfortunately get refused, HO do not mention guidance policy neither judge and solicitors give any importance to guidance policy. They refer immigration rules at: (Latest ones currently)
http://www.ukba.homeoffice.gov.uk/polic ... appendixa/
Here start reading from point 35.