Exaggerated or incorrect occupation codes
Under the points-based immigration system, to get your Skilled Worker Visa, you must be awarded 70 points in total, 20 of which mandatory points for a job at the appropriate skill level.
One of the requirements that must be met for you to be awarded the points for a job at the appropriate skill level is that your sponsor must choose an appropriate occupation code.
The decision maker must not have reasonable grounds to believe that your sponsor has chosen a less appropriate occupation code because the most appropriate occupation code is not eligible under the Skilled Worker route, or has a higher going rate than the proposed salary, or is not a shortage occupation and you are claiming points for a job in a shortage occupation, or is not “eligible for PhD points” and you are claiming points for an educational qualification.
To assess whether your sponsor has chosen an appropriate occupation code or a less appropriate occupation code, the decision maker may, in particular, consider whether your sponsor has shown a genuine need for the job as described, and whether you have the appropriate skills, qualifications and experience needed to do the job as described. The decision maker may also consider the sponsor’s history of compliance with the immigration system including, but not limited to, paying its sponsored workers appropriately.
The decision maker should consider whether your sponsor has chosen a less appropriate occupation code to make a job which is not at the appropriate skill level appear more skilled, or to be able to pay you a lower going rate, or to qualify for tradeable points for a job in a shortage occupation or for a relevant PhD qualification.
If your sponsor has chosen a less appropriate occupation code by accidental error, the sponsor will be given an opportunity to correct it.
If your sponsor has chosen a less appropriate occupation code intentionally, the sponsor will be given an opportunity to address any questions about whether they have misrepresented the job.
If the caseworker has concerns regarding the exaggerated or incorrect job, the application will be placed on hold pending further checks and the outcome of a compliance visit to the sponsor. You will be informed about it. If the outcome of these further verifications is that the sponsor’s licence is revoked, your application will be refused, and all concerns will be explained to you in the decision letter.
The Home Office guidance states that, if the decision maker believes that you are aware that your job is not at the appropriate skill level and complicit in misrepresenting it, you may be invited to attend an interview, where the caseworker’s concerns will be put to you in clear language, and you will have the chance to respond. If you are found to be complicit with the sponsor, this will be included in the refusal decision.
If you want to apply for a Skilled Worker Visa and need my specialist advice, feel free to contact me. Please note that I am an accredited immigration adviser, not an employee of the UK Visas and Immigration. I charge fees for the advice provided.