Employer issued wrong SOC code

[JessD23]

Hi everyone,

I am currently in a difficult predicament as I have been with the same employer under Tier 2 for 3 years and it has come time to renew visa, so when I asked my employer for the CoS to add to my application, they mistakenly assigned the wrong SOC code.

I work for a web design and development agency as an Account Director (client services, project management,etc) and was originally granted leave under 2424 as an Account Manager. My employer now mistakenly assigned 1132 which correlates more directly with my boss' position as opposed to correctly assigning me to the same original code. My application was refused on the grounds that the job under 1132 should have been considered a new job that needed to be advertised and does not meet the minimum salary requirement. If 2424 had been used it would most likely have been seen as fine as my current position shows a progression within the same code w/ increased salary (still meeting and exceeding the minimum req for "experienced").

I have sought legal advice and am taking the following action, but any additional advice anyone here could give would be greatly appreciated:

- Applied for Administrative Review on the grounds that the code change could have been perceived as a mistake because my employer would not have knowingly entered the wrong code which does not correlate to my duties or salary. My employer has written an explanation and apology statement and I have offered to send this if requested. This should hopefully give me some time before a curtailment.

- I plan to re-apply using the correct code and attaching a statement/apology from my employer as a covering letter. I will most likely use the priority service for this.

Anyone dealt with something similar? I am very concerned that my whole life could be turned upside down due to an administrative error that was not my fault.

Thanks so much in advance.

[iworker]

apply with a new cos, the same one which u were on before.
nothing will come out of AR as it was not their mistake.

[JessD23]

Thanks iworker. I wasn't necessarily expecting anything to come from AR review apart from a little bit of time and have been advised that it may be best to plant the seed of notifying them of the mistake from now to build a case upon should I have to at a later time.

I've seen similar cases like this on here before, but not really from 2016. Do you have an impression of how successful re-applications are following this type of error?

[iworker]

it should be fine as long as u apply within time.
make sure u go for psa or priority service as during the application process, you are not allowed to work... as your old application was refused, visa expired, and hence not covered by 3c. i maybe wrong on this.