Sponsor Licence Application - Wrong SOC code

[traceytran]

Hi all,

Has anyone faced the same situation and could give me some advice urgently?

The company that I'm working for agreed to sponsor visa for me. Because we're small company so we decided to apply for Tier 2 Sponsor Licence by ourselves. And we have made a major mistake.

Home Office gets back to us with an email, said that:

''Your application does not meet criteria for the following reasons:

1. The type of post which you refer to is listed in the codes of practice under Standard Occupational Classification (SOC) code 4133. This type of post is classed as a lower-skilled occupation, which is ineligible for sponsorship under Tier 2 (General) and therefore the post you wish to fill neither falls within an exception or is a skilled occupation at or above Regulated Qualifications Framework (RQF) level 6.

2. The minimum salary you must pay for a Tier 2 (General) migrant is £30,000 per year or the appropriate rate of pay for the job as stated in the codes of practice in Appendix J of the Immigration Rules, whichever is higher, unless one of the exceptions in this section applies.You have stated that the post of Operations & Technical Assistant will receive a salary of £XX,XXX per annum, which does not meet the criteria for a Tier 2 (General) licence.

We would normally refuse the application, however in this case we are exceptionally offering you the option to request that we withdraw your application and offer a full refund of the fee paid.

Please respond to this email with your decision by 11/10/2018. If we have not heard from you or you have not contacted us by 11/10/2018, we will make a decision based on the information we have, which may result in your application for a sponsor licence being refused.''

In terms of SOC code, it's our mistake because we did not fully understand the guideline. What should we do to correct this mistake?

In terms of minimum wages, I think £30,000 should not be a must because it depends on job code and level (new entrant level, experienced level, 3 years or 5 years). Is that correct?

My company suggested to withdraw the application and reapply freshly. However, I'm afraid it's impossible due to 6 months of cooling period.

Please can anyone give me some advise?

I'm a Tier 4 holder at the moment and my visa expire on 30/10/2018.

Very much appreciate your help!

[CR001]

How old are you?

Are you a tier 4 visa holder or a dependent visa holder?

[traceytran]

How old are you?

Are you a tier 4 visa holder or a dependent visa holder?

I'm 28 and a Tier 4 Student visa holder. Do you have any thought?

[CR001]

What is the SOC for the job they are offering you?

Have you completed your studies?

[traceytran]

What is the SOC for the job they are offering you?

Have you completed your studies?

The SOC that we put on application is 4133 (Stock Control Clerks & Assistants). This code was advised by an officer from Official of National Statistics after reading my job descriptions.

I'm working as a Operations & Technical Assistant.

And yes, I have totally completed my studies.

[CR001]

You require an SOC at RQF level 6 as stated to be sponsored as far as I understand.

What salary is being offered?