Tier 2 to ILR ( Job Shortage Code)

[ashr]

Hi

I have been in the Tier2 for 5 years, I do not earn the minimum salary threshold of 35,500.
My job code is 2136 which seems to be in the job shortage code and I do a role of senior developer and I lead a team. However I do not work in animations. When I was initially sponsored my employer did a labour market test. On the job shortage list it says “qualifying company” ONLY it is too complicated what that means. Can someone please decipher this for me and also please advise on my eligibility to apply for ILR.

Thanks in Advance.

[CR001]

Explanation below. Not all jobs in 2136 are shortage occupation. The SOC falls under non shortage Appendix J and shortage Appendix K - the latter having very specific requirements to qualify for 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

to add on...In this Appendix “qualifying company” means a company which:

(a) has obtained permission from the Home Office to issue a Certificate of Sponsorship in respect of the relevant job on the basis that the job is included on the Shortage Occupation List and the company:
(i) is licensed as a sponsor for the purposes of Tier 2 of the Points Based System,
(ii) at the time of obtaining such permission, employs between 20 and 250 employees (inclusive), or employs fewer than 20 employees and has provided a letter from the Department for International Trade, confirming that the Department has been working with the company and supports the application in relation to its trade or investment activity,
(iii) is not more than 25% owned by a company which has one or more other establishments in the UK and one of those establishments employs more than 250 employees; and
(iv) has not been established in the UK for the purpose of supplying services exclusively to a single company or company group in the UK; and
(b) will have no more than ten Tier 2 (General) Migrants working for it at any one time in jobs to which the requirement to be employed by a qualified company applies, if all Certificates of Sponsorship in respect of such jobs lead to a grant of leave as a Tier 2 (General) Migrant.

[ashr]

Hi

SO "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. " DOES applies to me .

but
"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" DOESNT apply to me.

Am I still eligible under shortage list ?

[CR001]

SO "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. " DOES applies to me .

It would only apply if you work for a qualifying company as explained in my previous post. If your CoS was not a shortage occupation one (you should check with your sponsor),then you are not shortage occupation (which doesn't require RLMT either). You cannot choose to apply under SOL if you have not been working under SOL. Note that it is not an OR in any part of the sentence in relation to job title and qualifying company.

Am I still eligible under shortage list ?

Not if your CoS was not a shortage occupation one and your sponsor is not a qualifying company.

[ashr]

Hi

Thanks for the explanation. But when I was sponsored my rob role was not whats mentioned in the CoS, but this has changed now. even then I wont be eligible ?

Thanks
Athira

[CR001]

What was your job?

How did it change?

Was the change/promotion etc notified to HO through the SMS system??

If your current SOC is not a shortage occupation list one, then my understanding is that you are not SOL.

[ashr]

HI
My job is still the same, just the role has been changed .
When I was hired I was only senior developer. But now after 3 years this Jan onward I am in a team lead role
( this is mentioned in the appendix)

I appreciate you telling there is no "OR" mentioned in the shortage list, but there is no "AND" either. I was in touch with few free legal immigration advise solicitors and I have had mixed responses. Few said I was eligible and can apply and few said NO.

But like you said if my certificate of sponsorship has to say I was sponsored for a job on shortage list.
Also Please NOTE : 2136 and my role was not in the last 6 years and just been recently introduced this year So my company could not have used this when they sponsored me.

[CR001]

So is your company a qualifying company??

[ashr]

I do not know, I have forwarded to HR asking the same.
I believe multi national companies such as mine would be. this is purely me guessing.

Is there a list of qualifying companies list some where ? like there is one for sponsor list.

I know my company has never sponsored anyone for under Job shortage from what I hear.