If you are a sponsor licence holder and you wish to employ an individual from overseas to work in the UK, you must ensure that the job role that will be carried out is a skilled role which meets all the relevant salary and skills threshold.
Additionally, you must ensure that the most suitable occupation code is chosen as set out in the Immigration Rules.
What is a ‘SOC code’?
SOC code stands for ‘Standard Occupational Classification code’. The list of SOC codes was first published in 1990 and has most recently been updated in 2020 to better reflect the current UK labour market.
It is an occupational system maintained by the Office for National Statistics (ONS) to classify occupational information of all possible jobs in the UK. The Standard Occupational Classification has been integrated in the Immigration Rules under Appendix Skilled Occupation in order to assist prospective sponsors in choosing the correct SOC code for their workers.
How do you choose the correct occupation code?
Sponsors should initially consult both Appendix Skilled Occupation of the Immigration Rules (“the Appendix”) and the ONS Coding tool. The Appendix lists all the related job titles and the appropriate salary per annum (which is calculated, in the majority of cases, based on a 39-hour working week) for each SOC code. Correspondingly, the ONS Coding tool outlines the job description, examples of jobs tasks to be carried out, and the most common entry requirements of the relevant job.
When choosing a SOC code, the closest match and the most suitable one should be chosen. It is important to note that the job role does not necessarily have to tick all the example job tasks.
Sponsors must be mindful that if the job role is a closer match to a lower skilled role, or if the prospective salary is lower than that of which is listed in the Appendix, the role will not satisfy the requirement.
What if the incorrect SOC code is chosen?
UK Visas and Immigration (UKVI) have the right to refuse the prospective worker’s Skilled Worker visa application without contacting the employer. Alternatively in some cases, UKVI will contact the employer and allow them to rectify the incorrect SOC code. If you are in doubt with regard to matching a SOC code with a prospective job role, please do not hesitate to contact us.
Gherson has over 30 years’ experience in UK visas and immigration, in particular corporate Immigration, and acts for a large number of corporate clients and individuals with respect to the Skilled Worker or Intra Company Transfer visa categories.
Should you have any questions or queries relating to sponsor licences, points based system categories, or any immigration needs that your business requires, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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