Home Office Enquiry

[thebestman]

I am on Tier 2 visa and I just applied for my extension application.

My employer received the following email from Home Office: "The Certificate of sponsorship ref () states the job is a shortage occupation under soc code 2136. However the applicants original Certificate of sponsorship ref () states the job was not a shortage occupation. Please can you provide me with further job details on how the applicants job meets the Immigration Rules Appendix K: shortage occupation list".

Please see attached a screenshot of two CoS. Can you please help in responding to this query. If my job is not in shortage occupation list, does it mean my visa will not get extended?





Many Thanks

[thebestman]

Yesterday I posted the above query. After carefully reading various notes, I think the following error has happened: When I applied in 2015, my employer said on CoS that labour market test has been done and the explanation given was that since I already worked with them and I was switching from Tier 4 to Tier 2, I did not need any labour market test. Now when I applied for an extension application, my employer thought that since job code 2136 is in shortage occupation list, they confirmed on CoS saying that my job is in shortage occupation list. However only ‘Qualified’ companies can apply for shortage occupancy list for 2136 - and that is not the case with my company.

Now, what response my company can give to the case worker? Can they say it was a mistake from their side and my company does not qualify. However, in the CoS the job code is correct and it doesn't require a labour market test because I was already working with them and I am just doing an extension application?

Can someone suggest if my thinking is correct. If yes, what option do I have now?

[UKLL]

Yesterday I posted the above query. After carefully reading various notes, I think the following error has happened: When I applied in 2015, my employer said on CoS that labour market test has been done and the explanation given was that since I already worked with them and I was switching from Tier 4 to Tier 2, I did not need any labour market test. Now when I applied for an extension application, my employer thought that since job code 2136 is in shortage occupation list, they confirmed on CoS saying that my job is in shortage occupation list. However only ‘Qualified’ companies can apply for shortage occupancy list for 2136 - and that is not the case with my company.

Now, what response my company can give to the case worker? Can they say it was a mistake from their side and my company does not qualify. However, in the CoS the job code is correct and it doesn't require a labour market test because I was already working with them and I am just doing an extension application?

Can someone suggest if my thinking is correct. If yes, what option do I have now?

Was there a "is the job on the current shortage occupation list" in the 2015 CoS?

I think your company just needs to explain the job is indeed on the shortage occupancy list and really stress that your SOC code is exactly the same as when you applied in 2015. I find it shocking as it seems the case worker not reading things in context

[thebestman]

Thanks for the response. It appears that not all jobs under the SOC code 2136 are part of shortage occupation list.

https://www.gov.uk/guidance/immigration ... ation-list

Any response is appreciated.

[Djsuccess]

Yesterday I posted the above query. After carefully reading various notes, I think the following error has happened: When I applied in 2015, my employer said on CoS that labour market test has been done and the explanation given was that since I already worked with them and I was switching from Tier 4 to Tier 2, I did not need any labour market test. Now when I applied for an extension application, my employer thought that since job code 2136 is in shortage occupation list, they confirmed on CoS saying that my job is in shortage occupation list. However only ‘Qualified’ companies can apply for shortage occupancy list for 2136 - and that is not the case with my company.

Now, what response my company can give to the case worker? Can they say it was a mistake from their side and my company does not qualify. However, in the CoS the job code is correct and it doesn't require a labour market test because I was already working with them and I am just doing an extension application?

Can someone suggest if my thinking is correct. If yes, what option do I have now?

This shouldn't matter because it's an extension and RLMT is not needed anyway. I guess the case worker has picked on that because granting you an extension as shortage occupation will also link to your ILR. Since shortage occupation get exemption from the higher minimum earnings for ILR, it is important to confirm you are indeed in shortage occupation.

I guess your sponsor will have to explain what you just said as per your initial tier 4 - tier 2 and now extension under same SOC code.
It is however possible that your job is not on shortage occupation because SOC alone doesn't guarantee that, sometimes the jobs are specified. All the best

[Djsuccess]

Thanks for the response. It appears that not all jobs under the SOC code 2136 are part of shortage occupation list.

https://www.gov.uk/guidance/immigration ... ation-list

Any response is appreciated.

That's the case most of the time.

[CR001]

Thanks for the response. It appears that not all jobs under the SOC code 2136 are part of shortage occupation list.

https://www.gov.uk/guidance/immigration ... ation-list

Any response is appreciated.

Correct, particularly for this SOC code. If your job is not specifically as listed below, it won't be considered shortage occupation.

2136 Programmers and software development professionals Only the following jobs in this occupation code:

Senior developer employed by a qualifying company, where the job requires a person with a minimum of five years’ relevant experience and demonstrable experience of having led a team.

The following jobs in visual effects and 2D/3D computer animation for the film, television or video games sectors:

software developer
shader writer
games designer
The following jobs in the electronics system industry:
driver developer
embedded communications engineer