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How do I sponsor a migrant worker?

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Codes of practice for sponsored workers

This page explains the codes of practice for sponsors under Tiers 2 and 5 of the points-based system.

Before you can sponsor a skilled migrant to do a job, you must check that the job meets the requirements on the skill level of the job and the 'appropriate rate' of pay for the job. If the job does not meet those conditions, you cannot issue a certificate of sponsorship. The code of practice tells you what the minimum rates of pay and the skill level are for any job you want to recruit for and what the methods you are allowed to use when you advertise a job.

The codes of practice have been drawn up based on advice from industry experts and the Migration Advisory Committee. They are the official guidance for sponsors and our caseworkers and you can find them with the Tier 2 and 5 sponsor guidance under 'Policy and Law' on the right side of this page.

To find the relevant code of practice for a job, you must first identify the standard occupational classification (SOC 2000) code that most closely matches the job. The SOC 2000 codes are published by the Office for National Statistics. You can find them under 'Internet links' on the right side of this page.

Please do not ask us to match a job title or a job description to a SOC code for you. This is part of your duty as a sponsor, as you know most about the job's duties and responsibilities.

SOC codes classify only job titles and skill levels. Please do not ask the Office for National Statistics to advise on salaries or job descriptions.

When you have matched the job to a SOC code, you must download the relevant code of practice for that SOC code (see below). The codes of practice may change over time. You must check the latest version before you issue a certificate of sponsorship.

Codes of practice for Tier 2 (General) and Tier 2 (Intra company transfer)

Until 13 June 2012, applicants under Tier 2 (General) or Tier 2 (Intra company transfer) must have an offer of a job at or above NQF level 4 (or the equivalent in Scotland) if they are:

  • applying from abroad; or
  • applying to switch into Tier 2 (General) from a different immigration route.

From 14 June 2012, applicants under Tier 2 (General) or Tier 2 (Intra company transfer) must have an offer of a job at or above NQF level 6 (or the equivalent in Scotland) if they are:

  • applying from abroad; or
  • applying to switch into Tier 2 (General) from a different immigration route.

Applicants who are currently working in the UK (either for you or for a different employer) under Tier 2 (General), Tier 2 (Intra company transfer) or a work permit must have an offer of a job at S/NVQ3 level, NQF level 4 or NQF level 6.

We have produced one set of codes of practice listing the jobs that can be offered under Tier 2 at all these different skill levels. You can find the codes of practice under ' Policy and Law' on the right side of this page.

Codes of practice in the creative sector

Codes of practice have agreed with the sector for workers in dance, theatre, film and television.

If you want to bring migrants to the UK in these areas under Tier 5 (Temporary workers - creative and sporting), you must meet the requirements in these codes:

If you want to bring migrants to the UK in these areas under Tier 2, you should read the relevant Section R code of practice and the relevant code above.

Using the codes of practice

The codes of practice explain which jobs are suitable to be offered under Tier 2 or Tier 5. They list:

  • the skill level for jobs in each occupation for which sponsors can issue a certificate of sponsorship;
  • the minimum appropriate salary rate for the job - usually this will be defined by the 25th percentile of the Annual Survey of Hours and Earnings (ASHE) or by an alternative code of practice; and
  • the acceptable media and methods for passing the resident labour market test (see below).

This information is only available in our codes of practice. It is not in the guides published by the Office for National Statistics.

Even if you do not need to pass the resident labour market test, you must check the relevant code of practice to check that the job is skilled and is paid at the appropriate rate. You can then issue a certificate of sponsorship, but this does not guarantee that the migrant's application will be approved - they must also score enough points to qualify under the relevant category of Tier 2 or Tier 5.

Resident labour market test

Unless the job is on the shortage occupation list (PDF 138KB opens in a new window) or you qualify for one of the other exemptions listed on the Resident labour market test page, you will need to pass the resident labour market test before you can issue a certificate of sponsorship to a migrant worker.

To pass the resident labour market test, you must advertise the job in Jobcentre Plus and use at least 1 of the recruitment methods set out in the relevant code of practice. You can also advertise jobs in other media and recruit in other ways.

If you think the information in a code of practice is wrong

If you think that any of the information in a code of practice is wrong, please email SponsorshipPBSenquiries@UKBA.gsi.gov.uk. Please send as much information and evidence as you can, to support any suggested changes. We will look at your suggestions and update the codes of practice if necessary.

You must not act against the code of practice while we are considering your message.

Terms explained

  • Resident labour market test

    This is the process an employer must follow before employing a person who is not a permanent resident of the United Kingdom if he/she is first required to show that no resident worker could be found to take a job.

All glossary terms

Policy & Law

Internet links