HELP Tier 2 extension rejected – incorrect code used

[Izzi]

I applied for an extension of Tier 2 visa with current employer in mid December 2016 (my visa expired end of December 2016). I’ve received a letter last week which says my application has been rejected and I’m given 14 days to apply for administrative review.

The letter indicates: You were last granted leave to work as XXXX for XXX but the job description, salary and standard occupational classification code indicates that your prospective employment would be in a different job. Therefore, you will not continue to do the same job you were doing, or intending to do, when last granted leave. To be awarded points for a job that passes the RMLT under Sponsorship, your Sponsor should indicate that they have met the requirements of the RLMT as defined under Appendix A and in the Codes of Practice in respect of the job you wish to undertake. This occupation code is not on the list of NQF level 6 occupations. You do not qualify for the NQF 6 level skill exemptions.

My employer did assign a different code than the one they used for my previous CoS few years ago. I am still doing the same job but the job title and salary has changed since my previous CoS.

My other questions are:
1. Should I apply for administrative review (I’m a bit anxious with this as it will be the same information that’s being reviewed)? If it is not successful would I be given opportunity to submit new visa application?
2. Can I make a fresh application instead with current employer using the same code as they did before? Would HO have an issue with my different job title and salary – is this considered as a different job?
3. Would the job within NQF Level 6 require a RLMT? It’s difficult to tell from the Immigration Rules Appendix A (well, for me anyway)

Any help and pointers would be greatly appreciated!!!

[Frontier Mole]

Get your employer to issue a new COS using the exact same SOC as your first visa. If as you say the job is the same then it is not an issue.

[Izzi]

Thanks Frontier Mole - I assume HO would not take an issue that the title and salary is different than what I had 3 years ago?

[Frontier Mole]

Things to consider
If the job is the same as it was before job title is fairly irrelevant. It is the activity being undertaken not the name given to your role that is measured.
Assuming your salary has increased in the normal manner and is not a result of role change- should be fine.
Will HO have a sniff at it - of course they will but if as you say all is fine nothing to worry about.