Skilled Occupations: Which SOC Code?

Matching the function you’re recruiting for with the related occupation code, or SOC code, is a vital step when hiring a brand new sponsored employee. It is going to be essential for the sponsor to allocate the right occupation code to keep away from points with the Dwelling Workplace and potential refusal of the visa software.

On this article, we clarify the right way to use the occupation classification system accurately when hiring expert employees, and spotlight the widespread pitfalls to keep away from.

What are SOC Codes?

To sponsor people below the Expert Employee visa route (previously the Tier 2 visa) or for an Intra Firm Switch visa, employers should make sure the function they’re providing meets the visa circumstances. For instance, that the function is on the required expert stage and pays the related minimal wage.

To assist the Dwelling Workplace decide if a task meets the visa necessities, jobs which might be eligible below the Expert Employee or Intra-Firm Switch route are listed by occupation code inside Appendix Expert Employee of the Immigration Guidelines. The newest SOC code listing for 2021 of eligible occupation classes will also be discovered within the Appendix on the .gov web site.

Every function is given its personal four-digit Normal Occupational Classification (SOC) code. The classifications are taken from the Workplace for Nationwide Statistics (ONS) widespread classification of occupational info for the UK. The codes are presently taken from the ONS’ SOC 2010 system, which was designed to cowl all forms of paid jobs within the UK economic system.

The occupation codes are used to establish the related going charge and wage threshold for every job, each at ‘new entrant’ and ‘skilled’ charges, and offers particulars corresponding to instance job titles related to that particular occupation code.

Solely occupations featured on this listing can qualify for the Expert Employee or ICT routes.

With the related SOC code chosen, the employer can then assign a Certificates of Sponsorship (CoS) to the applicant.

Discovering the proper occupation code

From this listing of occupations, employers are required to supply the SOC code which most intently matches the function they’re recruiting for.

In observe, it’s not all the time apparent for employers or HR personnel to know which SOC code to make use of, notably if assigning a CoS for the primary time, or using for a brand new sort of function or skillset.

There are normally two methods to seek for the proper occupation code.

One possibility is to make use of the occupation coding device on the ONS web site to look by job title. As soon as the device has recognized doable occupation codes, sponsors ought to learn the descriptions to establish the right SOC code for the job they’re providing.

A substitute for the coding device is to look by means of the alphabetical index of job titles in ‘quantity 2’.

To match the SOC code, sponsors ought to deal with the duties and obligations of the function, and never the job title. When contemplating an software, the Dwelling Workplace will apply essentially the most applicable match based mostly on the job description within the software, and won’t essentially depend on the SOC code said by the applicant or their sponsor.

If the job function doesn’t match an eligible occupation, both as a result of it’s not on the right talent or wage stage, you’ll not be allowed to sponsor the person for that function. Any visa software counting on an ineligible occupation code will probably be refused.

One of many largest issues for employers is that the SOC code listing is topic to vary. Sponsors have to test the newest model every time they concern a CoS for a migrant employee. It could be, for instance, {that a} code you had beforehand relied on has been taken off. Or, if wage ranges have been modified and also you concern a CoS at a wage that now falls beneath the minimal threshold, it is going to outcome within the applicant’s visa software being refused for not assembly the visa wage requirement.

Conversely, you may discover {that a} code you could have used beforehand, even for a very long time, has been moved onto the Scarcity Occupation Record, which is able to decrease the price of the applying.

There are additionally many exceptions that apply, so it’s advisable to take skilled steering the place you’re unsure.

Utilizing the improper occupation code

The foundations require sponsors to supply right info and to solely assign a CoS the place you propose to make use of the person per the applying particulars (or in any associated sponsor word).  Matching the improper occupation code can result in undesirable points with the Dwelling Workplace. Whether or not you’re sponsoring from inside the UK or from abroad, the implications are the identical.

If points with the SOC code come to mild as a part of the worker’s visa software, the Dwelling Workplace can refuse the applying for failure to fulfill the visa necessities. This may increasingly imply making a brand new visa software with a corrected code, wherein case, you would need to outlay once more for the Immigration Expertise Cost, Well being Surcharge and the visa software itself.

If a scarcity occupation code had initially been supplied, and as such the decrease software charge paid, and the Dwelling Workplace subsequently determines the inaccurate code was used and that the function is a non-shortage occupation, the sponsor must pay the charge distinction earlier than the applying might be processed.

If the improper code is chosen and it’s discovered to have been a real error, it might be doable to rectify the error. Nonetheless, the Dwelling Workplace can examine additional and relying on their findings, could take enforcement motion towards the organisation by, for instance, suspending the sponsor licence.

In any occasion, an incorrect code will inevitably end in delayed processing. This can be notably irritating if the sponsor has paid the Precedence Service charge (£500); if the Dwelling Workplace has processed the applying inside the 5-7 working day normal however then requested additional info which delays, processing, a refund of the precedence processing is unlikely because the Dwelling Workplace have met their a part of the service inside the timeframe.

If the Dwelling Workplace determines the sponsor had supplied false info, they could take motion to revoke the organisation’s licence.

How the Dwelling Workplace investigates codes

The caseworker can test towards the job title/description and codes to guarantee that the right code has been chosen and the right charge has been paid. They’ve powers to research the codes supplied inside the software by analyzing info corresponding to:

• Position – whether or not the CoS been assigned for a similar job or a job aside from the one described within the CoS software?
• Wage – do data present the said wage on the applying matches what’s being paid?
• Ability stage – has the suitable occupation code been used to fulfill the talent stage?

Caseworkers have entry to the Sponsor Administration System and may test towards the data given on the applying kind and the assigned CoS. They’ll additionally request to overview paperwork such because the employee’s employment contract and job description, and also can interview the sponsored employee to confirm the precise obligations of the job.

In the event that they dispute whether or not the code chosen is essentially the most related for the function, they’ll request a proof as to why it was chosen when one other code is perhaps extra appropriate.

Incorrect occupation codes will also be recognized following a Dwelling Workplace compliance inspection.
 

SOC Codes & recruitment methods

We advocate sponsors take a strategic method to utilizing SOC codes, within the context of their organisation’s broader recruitment goals.

Ideally, the SOC code ought to be recognized on the outset of the recruitment course of to make sure the function does in actual fact meet the expert employee and ICT necessities for talent and wage stage.

Whereas there’ll all the time be potential for change to the codes, the benefits of taking a deliberate method to future recruitment shouldn’t be missed.

The codes of observe give an excellent perception into how one can create job titles to match your future expertise wants, and in addition the right way to map out the profession paths and development of overseas workers sooner or later in addition to a sign of the salaries required below the SOC codes.

If a job title doesn’t seem to match to a code, but you’re assured it ought to qualify, take a step again; the assigned job title may be the place to begin. Think about the duties the function will entail regularly and the way it matches within the wider organsational map. Additionally take into consideration how that function will develop. Then take into account the main points inside the occupational codes and job titles.

This may increasingly require additional dialogue and element with technical managers in your organsation, to make sure you are masking all angles and should not overlooking any codes that may very well be an applicable match.

Want help?

As skilled advisers to companies on all elements of company immigration, world mobility and Dwelling Workplace purposes, we will help with any questions you might have about SOC codes, CoS allocations or the Expert Employee  or ICT visa normally.

We additionally ship coaching to inhouse HR and administration groups on the right way to use SOC codes successfully in help of recruitment methods and immigration compliance. Contact us for extra info.

SOC code FAQs

Final up to date: 17 January 2021