Success Story: Tier 2 General Settlement granted despite issues with SOC Code  

We received some wonderful news that our client’s (“the Applicant”) Tier 2 General settlement (indefinite leave to remain) application was granted. In our initial consultation with the Applicant, we were informed that the case consisted of complexities in relation to the Standard Occupational Classification Code (“SOC Code”). We addressed the issues and advised on potential solutions to ensure that the Tier 2 General settlement application was granted. Our immigration team also explained what the requirements were under the Immigration Rules and Home Office Policy Guidance. Our Immigration Team prepared a well-executed application with strong legal representations in support of the Applicant’s application. The Applicant chose to use the Home Office premium visa service and received her visa within 24 hours (in fact the decision was made within 3 hours from her appointment).      

Tier 2 General Settlement claim and issues with the SOC Code/Salary

The Applicant was an Australian national who had acquired 5 years of continuous lawful residence in the United Kingdom under the Tier 2 General visa route. In our initial consultation with the Applicant, we discussed the requirements under the Immigration Rules. The Applicant had informed us that her immigration matter was complex and there were a few issues. In particular, there were issues with the SOC Code and the salary. The Applicant’s employer had negligently assigned the wrong SOC Code when the first Certificate of Sponsor was assigned and this was not identified until it was time to apply for Tier 2 General settlement. This administrative error had the potential to have an adverse impact on the Applicant’s application because it changed the scope of job duties/responsibility/salary. We worked with the Applicant to overcome this obstacle.

If you have a similar issue the first step that your employer should take is to use a legal representative and contact the Home Office Business Helpdesk and report the problem. The second step is to make a file note on the Sponsorship Management System (SMS) explaining the issue and what action you have taken to report the matter. The Home Office will then contact your employer and discuss an action plan on how to overcome the problem. Our immigration team also advised on the salary requirement and successfully helped the Applicant to a successful Tier 2 General settlement application.

What is Tier 2 General Settlement (Indefinite Leave to Remain)

A Tier 2 General visa is a popular work visa that allows skilled workers to come to the UK in their specialist field. After spending 5 years on this visa Applicants have an option to apply for Tier 2 General Settlement which is also known as Indefinite Leave to Remain. The advantage of settled status is that Applicants will no longer be subject to immigration control and there is no time restriction on how long they can reside in the United Kingdom. Applicants can apply for British citizenship after holding settled status (indefinite leave to remain) for a period of 12 months.

What are the requirements for Tier 2 General Indefinite Leave to Remain applications?

A Tier 2 General settlement application is made under paragraph 245 of the Immigration Rules. However, in addition to the Immigration Rules, Applicants should read and consider the Home Office Policy Guidance. Policy Guidance is an important tool which can help navigate through the application process. If you wish to apply for Tier 2 General settlement you must meet the following requirements:

  • You must demonstrate that you meet the suitability requirement by showing that you are of good character and your presence in the United Kingdom is not undesirable;
  • You must have a valid Tier 2 visa and you must have spent 5 years of continuously in the UK without major absences (period over six months on any one occasion);
  • You must be earning the basic pay equivalent to the appropriate rate of your job in accordance with the Codes of Practice in Appendix J;
  • You must obtain a letter from your employer confirming your employment and pay as well other factors as per the Immigration Rules; and
  • You must meet the English language requirement and demonstrate you have sufficient knowledge about Life in the UK (by obtaining a Pass Notification Letter).

The Home Office will also take into consideration the following your age and strength of connections in the United Kingdom and personal history, including character, conduct, associations and employment record. Our Solicitors and Barristers regularly assist Applicants with successful Tier 2 General settlement applications. Contact us for a detailed case assessment on your case or if would like some assistance in the preparation and submission of your application.

Using Legal Representation to submit Tier 2 General Settlement applications

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a settlement application.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 General settlement application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 2 General settlement application meets the Immigration Rules.

Successful Tier 2 General Settlement applications

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 2 General settlement application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your settlement application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to a successful Tier 2 General settlement. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.


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