The UK Border Agency has published Codes of Practice ("Codes") under the Points Based System. The Codes are to be used as a reference point when considering whether to issue a certificate of sponsorship to a prospective employee, to ensure that the job offered is at the appropriate skill level and paid at the appropriate rate. The Codes also provide advice on where job vacancies can be advertised to test resident labour.

Before sponsoring a skilled migrant, employers need to be satisfied that the role is suitably skilled. The job must be:

• Skilled at N/SVQ level 3 or above; and
• Paid at the appropriate rate or above; and
• The employer must normally have carried out a resident labour market test to ensure that there are no resident workers to fill the role.

The Codes are listed in sections - A to S and each covers a particular service sector, for example section K details the requirements for financial and insurance activities whilst section C deals with manufacturing. Each Code provides:

• the minimum appropriate salary rates; and
• the skilled jobs at N/SVQ level 3 or above in each occupation that sponsors are allowed to issue a certificate of sponsorship for; and
• the acceptable media and methods for satisfying the resident labour market test.

These Codes will be used as official guidance by Home Office caseworkers. It is essential that the Codes are referred and adhered to when employers consider whether to issue a Certificate of Sponsorship under Tier 2 of the Points Based System.

If the job does not meet the requirements as detailed within the relevant Code, a Certificate of Sponsorship should not be issued.

The Codes can be found on the UK Border Agency's website:

Link to Codes

Should you require any further information on the Codes of Practice or the Points Based System, please contact the Magrath UK Immigration team on 0207 495 3003 or via immigration@magrath.co.uk