Its Friday, your answer may be different on a Monday morning! If you have to rate your job you probably don’t think of it in terms of where it stands on the National Qualifications Framework but employers must take note if they are seeking to employ migrant workers or switch a current employee from a post-study worker category to Tier 2 General for example.
The UKBA use Standard Occupational Classification codes which are divided into Sections. Each Section has a code of practice for skilled occupations under Tier 2 of the points-based system.
From 14 June 2014 applicants under Tier 2 (General) or Tier 2 (Intra company transfer) must have an offer of a job at or above NQF 6 if they are applying from abroad or applying to switch into Tier 2 (General) from a different immigration route.
Applicants who are currently working in the UK (either for you or for a different employer) under Tier 2 (General), Tier 2 (Intra company transfer) or a work permit must have an offer of a job at or above NQF level 3 if their original grant of leave was made before 6 April 2011 or NQF level 4 or above where their original grant of leave was made on or after 6 April 2011.
This job categorisation has implications and we have had 2 cases just this week where the employer has not been able to offer sponsorship to their employees based on the level of the job on offer as categorised by UKBA.
In both cases, the job on offer was rated at NQF Level 4 – for example, the employer intended to sponsor a post-study worker currently employed as an Office Manager. The job falls under Section N – Administrative and Support Service Activities Code 1152, the job is rated at Level 4. The employer is not permitted to sponsor the migrant for the job. Had he been employed as an HR Manager, there would be no issue as this job falls under code 1135 and is rated at Level 6 – of course the minimum salary level is also increased.
We are now working with the Sponsor to investigate options for them to retain their valued member of the team, unfortunately the company are not in a position to offer an alternative job at level 6 but it’s likely that they will be ableto retain him provided the application to remain in the UK based on the immigration status of his partner is successful.
Sometimes there are viable alternatives to sponsorship; you just have to know what they are!
Please feel free to give us a call if you require any further information – don’t leave it till the eleventh hour unfortunately UKBA don’t do lastminute.com!