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How do I sponsor a migrant?

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Codes of practice for sponsored skilled workers

This page explains the codes of practice that you must use under tiers 2 and 5 of the points-based system. If you want to employ a migrant to do a job, you must use these codes to check the skill level and appropriate rate for that job, and to find out where you should advertise the job.

The codes of practice may change over time. You need to check the latest version before you issue a certificate of sponsorship. If you think any information in the codes is wrong, use the email address below to tell us.

Sponsoring skilled workers

Before you can sponsor a skilled migrant, you need to check that the job you are sponsoring them to do meets all the conditions of the relevant code of practice. If the job does not meet the conditions of the code of practice, you cannot issue a certificate of sponsorship.

To find the relevant code of practice you must first choose the standard occupational classification (SOC) code that most closely matches the job you are sponsoring a migrant to do. The Office for National Statistics has produced guides to help you choose the right SOC code.

Please do not ask the UK Border Agency to match a job title or a job description to a SOC code for you. This is part of the duties of sponsors, as they know most about the duties and responsibilities involved in the job they are offering.  Sponsors are therefore best placed to make this decision.

SOC codes are used only to classify job titles and job descriptions.  Once you have matched the job you are offering to a SOC code, you must then download the relevant code of practice for that SOC code, which you can download from the right side of this page.  The 'SOC code summary tables' document shows which SOC codes appear in which section.

The relevant code of practice explains which jobs in the SOC code meet the following Tier 2 conditions:

  • The job must be skilled at N/SVQ level 3 or above.
  • The job must be paid at the appropriate rate or above.

The relevant code of practice also explains:

  • Which jobs in the SOC code are on the shortage occupation list 
  • How to meet the resident labour market test for jobs that are not on the shortage occupation list.

This information is only available in the UK Border Agency codes of practice on this page, and cannot be found in the guides produced by the Office for National Statistics.

You can advertise jobs in other media and recruit in other ways as well as those set out in the codes of practice.  However, to pass the resident labour market test you must also advertise in Jobcentre Plus and use at least one of the recruitment methods set out in the relevant code of practice before you can issue a certificate of sponsorship.

If you carried out a recruitment search before 31 March 2009 that did not include advertising in Jobcentre Plus, we will accept it, as long as it met the resident labour market test requirements that were in place when the recruitment search was carried out.

The Resident labour market test page contains information about the types of application where you do not have to carry out the test. Even if you do not have to carry out the test, you need to check the codes of practice to check that the job is skilled and is paid at the appropriate rate.

Even if the job meets the conditions above, this does not necessarily mean that the migrant's application will be approved. The migrant will still need to score enough points to qualify under the skilled migrant tier.

Each code includes the following:

  • the skilled jobs at National or Scottish Vocational Qualification (NVQ or SVQ) level 3 or above in each occupation that sponsors are allowed to issue a certificate of sponsorship for;
  • the minimum appropriate salary rates, as defined by the 25th percentile of the Annual Survey of Hours and Earnings (ASHE) or by an alternative code of practice;
  • the acceptable media and methods for meeting the resident labour market test.

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How the codes have been developed

These 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 caseworkers.

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Codes of practice in the creative sector

Codes of practice have agreed with the sector for:

  • dance;
  • theatre;
  • film and television.

If you want to bring migrants to the United Kingdom in these areas through tier 2 or the creative and sporting category of tier 5, you will need to meet the requirements in these codes.

The creative sector codes are:

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Code of practice for ministers of religion and religious workers

If you want to bring migrants to the United Kingdom in either the Tier 2 - ministers of religion or Tier 5 - religious workers categories, you will need to meet the requirements in this code:

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Codes of practice for Tier 2 - General and Tier 2 - intra-company transfers

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How to tell us if you think the information in the code is wrong


If you feel that any of the information in these codes of practice is wrong, please contact us at SponsorshipPBSenquiries@UKBA.gsi.gov.uk. Please send as much information and evidence as you can to support any changes you are asking for. 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 update.

 

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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

Related documents

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