An employer may be willing to sponsor you, but willingness alone does not make a job eligible for Skilled Worker sponsorship. The role needs to fit an eligible occupation, meet the relevant skill requirements and be paid at the level required by the Immigration Rules.
Before a Certificate of Sponsorship is assigned, it is worth establishing whether the proposed role actually works for sponsorship.
Get Your Sponsorship Position Assessed
Start With the Job
A Skilled Worker assessment should begin with the role itself. That means looking at what the worker will actually do, the level of responsibility, the proposed salary and the occupation code that most closely reflects those duties.
The job title can be useful, but it is not decisive.
Two employers may use the same title for very different roles, while two differently titled jobs may in practice fall within the same occupation.
The duties therefore need to make sense when compared with the occupation code being relied upon.
What Needs to Be Checked
We usually need to consider:
- the proposed job title
- the actual day-to-day duties
- the level of responsibility
- the appropriate occupation code
- whether the occupation is eligible for sponsorship
- whether any special restrictions apply to that occupation
- the proposed working hours
- the annual salary
- the applicable going rate
- whether any permitted salary concession applies
- the worker’s current immigration position
- whether the employer already holds a sponsor licence
These points should be considered together. A role can fall within an eligible occupation but still fail the salary requirement. Equally, a salary may appear high enough while the duties do not support the occupation code the employer proposes to use.
Choosing the Right Occupation Code
Skilled Worker sponsorship uses Standard Occupational Classification, or SOC, occupation codes.
The correct code should reflect the work the employee will actually perform.
It should not be chosen simply because:
- the salary threshold appears more favourable
- the job title sounds similar
- another business uses that code
- it would make an otherwise ineligible job appear eligible
Where more than one occupation code appears possible, the duties, responsibilities and overall nature of the role need to be compared carefully.
Getting this right matters both to the worker’s application and to the employer’s sponsor compliance position.
Does the Job Meet the Required Skill Level?
Most new Skilled Worker sponsorship is now focused on occupations regarded as being at graduate skill level or above.
However, the rules also provide limited routes for certain medium-skilled occupations, including jobs appearing on specific shortage lists and some workers benefiting from transitional arrangements.
This means that a role should not be assessed simply by asking whether somebody has a degree.
The issue is the skill level of the job being sponsored and how that occupation is treated under the Immigration Rules.
Does the Salary Work?
Salary is a separate part of the assessment.
For most Skilled Worker applications, the proposed salary must satisfy both the applicable general salary threshold and the relevant going rate for the occupation.
The calculation can become more complicated where:
- the worker may qualify as a new entrant
- the occupation is on a relevant salary or shortage list
- the worker has previously been sponsored
- the role is in healthcare or education
- working hours differ from the standard basis used for the going rate
- the salary is close to the required level
- allowances or other payments form part of the remuneration package
The correct salary position depends on the individual worker and the job being sponsored.
It should therefore be checked before the Certificate of Sponsorship is assigned.
The Role Must Also Be Genuine
A sponsor cannot create or reshape a role simply to make an immigration application possible.
The role should genuinely exist within the business and the duties, salary and level of responsibility should make sense in the context of the organisation.
Where the role appears inconsistent with the business, the worker’s duties or the occupation code selected, it may attract closer scrutiny.
That does not mean a small or growing business cannot sponsor a skilled employee.
It means the proposed role should be capable of being explained and supported as a genuine position within that business.
Where Cases Become More Complicated
Closer analysis may be needed where:
- the job title does not clearly match an occupation
- several occupation codes appear possible
- the role combines duties from different occupations
- the salary is below the usual threshold
- the worker may qualify for a reduced salary option
- the role is classified as medium skilled
- the occupation appears on a temporary or salary list
- the worker is changing employer
- the worker is already sponsored in a different occupation
- the employer is creating the position for the first time
- the business is small and the seniority of the proposed role needs explanation
- the duties have changed since an earlier Certificate of Sponsorship
These issues do not necessarily prevent sponsorship, but they should be understood before the employer commits to the process.
Looking at the Worker and Employer Together
A qualifying role is only one part of Skilled Worker sponsorship.
The employer must also be authorised to sponsor workers, and the worker must meet the requirements that apply to them personally.
For example, their current immigration status may affect whether they can switch from inside the UK, while some medium-skilled roles can also have consequences for dependant eligibility.
We therefore look at the proposed job alongside the employer’s sponsor position and the worker’s immigration circumstances.
How Knightsbridge Immigration Helps
We begin with the proposed role.
We review the duties, occupation code, skill level, salary and the worker’s circumstances before considering how the sponsorship process should proceed.
Our approach is:
Role → Duties → Occupation code → Skill level → Salary → Sponsor position → Worker position → Certificate of Sponsorship → Visa application
Where something does not fit, we identify the issue before the Certificate of Sponsorship is assigned.
That may allow the employer to correct a genuine coding or salary issue, reconsider the role or decide that Skilled Worker sponsorship is not available for that position.
Your Possible Next Step
The assessment may show that the role qualifies and sponsorship can proceed.
The occupation code may need to be reconsidered.
The salary may need to be reviewed.
The employer may first need to obtain a sponsor licence or a Certificate of Sponsorship allocation.
Another immigration route may be more appropriate for the worker.
Or the job may simply not qualify for Skilled Worker sponsorship in its current form.
Establishing that early can save both the employer and worker from starting an application that does not meet the Rules.
Timescales and Costs
A straightforward role assessment can often be completed before the employer begins the sponsorship process.
More complicated roles may require a closer review of the proposed duties, salary structure, occupation code and the worker’s existing immigration position.
Where the employer or worker subsequently instructs us for sponsor licence, Certificate of Sponsorship or Skilled Worker work, we will explain the scope, preparation timescale and professional fees before proceeding.
Not Sure Whether the Job Can Be Sponsored?
Send us the proposed job title, duties, salary, working hours and the worker’s current immigration position.
We can assess whether the role appears suitable for Skilled Worker sponsorship and identify any points that need attention before a Certificate of Sponsorship is assigned.
