Tier 2 Extension

[chareva]

Hi all,

I am on Tier 2 general visa, my current SOC is 2135.
Initially i got my visa for 3 years and it is about to expire next year may.

During my end of 2nd year I got promoted to next level through internal job advert( job advert is for 2 weeks)

My Question is
1) will my Job SOC change
2) I need to extend my visa, do the new job advert need to advertised for 4 weeks?
3) Will I be coming under experience category for my extension?
4) It seems 2135 is on NQF level 6 my new job description matches the NQF 4 code. Can i use NQF 4 code?

All your inputs will be helpful. Thanks in advance

[ronychy2010]

Recently i've extended my tier2 visa on the same soc code as like you. SO im trying to help you out

1) will my Job SOC change
=> If still you do the same job responsibility then SOC code will not change.

2) I need to extend my visa, do the new job advert need to advertised for 4 weeks?
=> for RLMT 28 days need to advert the job

3) Will I be coming under experience category for my extension?
=> Yes

4) It seems 2135 is on NQF level 6 my new job description matches the NQF 4 code. Can i use NQF 4 code?
=> You have to use NQF level 6

[chareva]

Thanks for your reply ronychy2010.

MY SOC code still matches the majority of my new job responsibilities. When I comes under experienced category for experience, my salary doesn't match.

You cant switch from NQF level 6 to NQF level 4 job code, which exactly matches my job code.

I am bit confused with the above. How will the experience category accessed, based on the salary mention in the SOC code 2135?

I work for NHS IT MY working hours is 37.50 hour a week.

[ronychy2010]

Salary has to match or exceed for your SOC code 2135.
Tier-2 visa is only allowed for NQF level 6 and above.

Yes your salary will prove that you are working as experienced worker. And at extension which is a must. You can not be still new entrant after 3 years of working, that makes sense.

Im not sure if for NHS different rules apply but in general i can answer, for 39 hours weekly work you have to show £34700 per year you are getting. If you work 37.50 hours still the amount £34700 does not reduce.

[chareva]

Thank for your reply ronychy2010

I just gone through the Tier 2 extension policy guidance. please read the below point two points 85and 86 let me know your opinion, what you said is partly right, see point 86 also says for extension threshold doesnt need to be matched

85. If you are already in the UK and were initially granted leave in Tier 2 (General) under the
Rules in place on or after 14 June 2012, the Certificate of Sponsorship must confirm that the
job is at or above RQF level 6 (or the equivalent in Scotland). The Certificate of Sponsorship
must also confirm that you will be paid at or above the appropriate rate for the job. These
requirements are set out in the codes of practice in Appendix J at
www.gov.uk/guidance/immigration-rules/i ... illed-work.

86. Your job does not currently have to meet the skills thresholds described in the previous
paragraphs if:
 you are applying to extend your leave in Tier 2 (General) in order to continue to work in
the same occupation for the same sponsor;
 the job does not meet the skills threshold solely because of reclassification within the
SOC system by the Office for National Statistics

[ronychy2010]

Please wait for advise of others but remember salary is the most important factor of tier2 visa which should not go wrong.
Best of luck.

[chareva]

yes, I know that why seeking advice on this forum. Thank you very much for taking your time to respond to my topic.

[max0486]

Things to remember are the following,

- If the initial Tier2 visa was granted for a job at NQF Level6, you can't select an SOC code at NQF level4 for extension.
According to the Tier2 policy guidance if the initially granted leave in Tier 2 (General) under the Rules in place on or after 14 June 2012, the Certificate of Sponsorship must confirm that the job is at or above RQF level 6 (or the equivalent in Scotland).

Page 24 of the Tier_2 Guidance notes (https://www.gov.uk/government/uploads/s ... _04_17.pdf)
States as follows,

85. If you are already in the UK and were initially granted leave in Tier 2 (General) under the
Rules in place on or after 14 June 2012, the Certificate of Sponsorship must confirm that the
job is at or above RQF level 6 (or the equivalent in Scotland). The Certificate of Sponsorship
must also confirm that you will be paid at or above the appropriate rate for the job. These
requirements are set out in the codes of practice in Appendix J at
https://www.gov.uk/guidance/immigration ... illed-work


- If the job responsibilities matches SOC code for which the visa was initially granted, then i would suggest to use that same SOC code for extension as it will save you from RLMT and other hassle

- For extension experienced rate would be applied, you also need to remember that you need to fulfil the minimum threshold of £30,000 earnings per year (If the experienced rate for the SOC code is higher than £30,000 then your salary need to fulfil that higher threshold).you CANT earn less than £30,000 to apply for tier2 extension as experienced worker.

- The common reason for many tier2 extension rejections is getting the salary wrong.
Check how much is the experienced rate salary for your SOC code and which source is used for that salary calculation. You can check this here,
https://www.gov.uk/guidance/immigration ... illed-work

Depending on the source used, the salary can be based on 37hrs/week, 39hrs per week, 40hrs/week.
You need to do a simple calculation to ensure that the salary for your SOC code is enough based on the number of your contracted job by sponsor.

All the best

[chareva]

Thanks for your reply max0486.

You wrote about point 85. where we have to meet the 30000 threshold. but point 86 also say you dont have to .

Could yo please point 86 and please clear my point of me. I have pasted the point 86 below for your reference

86. Your job does not currently have to meet the skills thresholds described in the previous
paragraphs if:
 you are applying to extend your leave in Tier 2 (General) in order to continue to work in
the same occupation for the same sponsor;
 the job does not meet the skills threshold solely because of reclassification within the
SOC system by the Office for National Statistics