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Clarification : Tier 2 Shortage occupation list

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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app_val
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Clarification : Tier 2 Shortage occupation list

Post by app_val » Wed Sep 03, 2014 8:47 pm

Hi all,

I need a clarification for the following : Please help

I applied for a Tier 2 General extension under shortage occupation

The code comes under shortage occupation and job is of specified type in the shortage occupation list (e.g. SOC code 2114 and the job as eg. computer engineer)

In my CoS the code in the shortage occupation list is mentioned. But my employer has conducted the labor market test.

When I applied I felt the code is under shortage occupation and the category of the job is coming same mentioned in the job description i felt it is correct.

Now Iam feeling that the even though the code is same the job title differs (but the job description comes exactly the same as mentioned in shortage occupation).

How can I find whether the job I applied is under the shortage occupation? the sponsor has not mentioned anything in the CoS other than the Code (which is available in the Shortage occupation list)

Will the UKVI consider this to be a problem and reject the application or ask for clarification ?

I am little nervous please provide your valuable advice.

Regards,

manci
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Joined: Wed Feb 15, 2012 10:10 am

Re: Clarification : Tier 2 Shortage occupation list

Post by manci » Wed Sep 03, 2014 9:17 pm

SOC code 2114 is not for computer engineers, neither is it a shortage occupation.
If it is an extension application RLMT is not required.
It is not your responsibility, but the sponsor's, to decide if the job is a shortage occupation or not.
It seems that your sponsor is not familiar with the guidance for sponsors and did not assign your CooS correctly which may lead to problems and delays. Refer them to :
https://www.gov.uk/government/uploads/s ... uide_8a.An _Creating_a_CoS___guide_for_business_sponsors.pdf

They can alter the CoS by way of a sponsor note but only before you make your application.

app_val
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Re: Clarification : Tier 2 Shortage occupation list

Post by app_val » Thu Sep 04, 2014 11:46 am

Hi Manci,

The Code I mentioned is an example.

The actual code is 2119 Natural and social science professionals not elsewhere classified.

The same code has been mentioned in the CoS but nothing has been mentioned as a Shortage Occupation in my CoS. But it is in the shortage occupation list 2014 after May.

My question is whether I can make the application under shortage occupation eventhough the employer has not mentioned it in the CoS.

Also Iam making a change of employment application so I hope RLMT is still required.

Thank you

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Clarification : Tier 2 Shortage occupation list

Post by manci » Thu Sep 04, 2014 12:17 pm

app_val wrote:Hi Manci,

The Code I mentioned is an example.
it was a wrong example
The actual code is 2119 Natural and social science professionals not elsewhere classified.

The same code has been mentioned in the CoS but nothing has been mentioned as a Shortage Occupation in my CoS. But it is in the shortage occupation list 2014 after May.

ONLY the following jobs in occupation code (2119) are shortage occupations:
 informatician
 bio-informatician

your sponsor must have decided that your job is not a shortage occupation

My question is whether I can make the application under shortage occupation eventhough the employer has not mentioned it in the CoS.
Your application must agree exactly with what is in the CoS, if it doesn't it will be rejected. This includes paying the appropriate fee.

Also Iam making a change of employment application so I hope RLMT is still required.
in your original post you said you were making an extension application which is not the same. RLMT is required for change of employment applications if the job is not a shortage occupation.

Thank you

app_val
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Re: Clarification : Tier 2 Shortage occupation list

Post by app_val » Thu Sep 04, 2014 12:57 pm

Hi Manci,

Thank you for the prompt replies and sorry for giving wrong example.

Regards

app_val
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Re: Clarification : Tier 2 Shortage occupation list

Post by app_val » Sat Oct 11, 2014 7:31 pm

Hi Manci,

To update after our discussion and clarification, I got another letter from UKVI regarding the error which I have made in the application and asked me to pay extra amount (with my dependants).

So later I sent a cheque for all and it was deducted, but in fact it was a error from my end which caused some delays. But the visa was processed successfully and got a leave to remain in UK.

The details of the time lines are updated here as well as in the timeline section for in-country application.

Application Posted : August 9th 2014 (Saturday) (Special next day delivery) (Tier 2 general (shortage occupation- actually it was not shortage occupation) with 2 dependants - Change of employment (After resigning from the present post) (by paper based - post 8 weeks time frame) (less than 3 years application)

Application Received : August 11th 2014
Cheque Deducted for all : August 15th 2014

Letter of confirmation 1: Dated 19/08/2014 (sent by 2nd class royal mail - received on 28/08/2014) - single letter

Letter of confirmation 2 : Dated 23/08/2014 (sent by 1st class royal mail - received on 26/08/2014) - 3 letters (for myself and 2 dependants)

Letter of error confirmation : Dated 05/09/2014 (sent by 1st class royal mail - received on 09/09/2014) - 3 letters (for myself and 2 dependants) (The SoC code comes under shortage occupation but not mentioned in the CoS. It is under normal occupation due to the fact that only some occupation in the SoC codes are considered to be shoratage occupation )

Cheque sent with the remaining payment (for all) : Date 09/09/2014 by special delivery and delivered on 10/09/2014)

Cheque deducted : Date 18/09/2014

Bio-metrics letter received : Dated 25/09/2014 received on 26/09/2014

Bio-metrics Call received in mobile : Due to the fact that the joining date mentioned on the CoS is October 1st 2014, I got a call on 26/09/2014 to register the Bio-metrics at the earliest

Error with the Bio-metrics Letter : Dependant (Minor) Place of birth was mistyped. So requested on the same day to resend a letter immediately due to the fact that the joining date mentioned on the CoS is October 1st 2014.

Bio-metrics registered : For myself and 1 dependant : 26/09/2014

Bio-metrics letter for minor : Received on 30/09/2014 ( Royal mail 1st class - Special delivery by 9am - with signature)
Bio-metrics registered for minor : 30/09/2014

Employer has been Requested to delay the starting date to 13 October 2014 and join at the earliest once Bio-metrics will be received

Return of Documents with passports (all) and Approval Letter : Dated 02/10/ 2014 Received on 06/10/2014

Bio-metrics Received : 07/10/2014 (all) (Leave to remain from 02/10/2014 till 28/10/2015)

Date Joined the Job : 08/10/2014

So many twist and turns but ended well.....and Pressure and Stress...unlimited..!!!

Regards,

app_val

deepax11
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Re: Clarification : Tier 2 Shortage occupation list

Post by deepax11 » Tue Jan 13, 2015 3:24 pm

great reply. I have question. I am changing the eployment under tier 2. is there any chance of employer knowing about my status before after receiving succesful visa unless I let know the employer.

Thanks in advance!

Thanks
deepak

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