One of the important aspects of the work permit process is employers will need to ensure the position meets the skills requirements of the job description. If an employer wants to recruit what is the level of the skills the position needs to be? In relation to the qualifications required for the migrants, please refer to our previous article in this category. The work permit scheme allows employers to be able to recruit if they are unable to find a suitably qualified settled worker. In determining what the level of skills required will depend if the migrant has been previously been granted leave to remain.
All migrants coming into the UK under Tier 2 (general) and Tier 2 (ICT) or switching must be coming to fill a vacancy that that is at or above National Qualifications Framework (NQF) level 6 or equivalent. This would include a position as Manager, Director, or IT specialist Manager, Construction Project Managers etc.
If the employer wants to sponsor a migrant who is already working in either of these categories, then the skill level required is determined on when they were first granted leave.
The next question that an employer will need to consider is whether the job is available at the skill level required. For example a position offered as local government’s administrative office will not meet the requirements. Before an employer can sponsor a migrant under Tier 2, they must check that the job will meet the requirements on the skill level of the job and the ‘appropriate rate’ of pay for the job. If the job does not meet these requirements, they will not be able to assign a certificate of sponsorship. It is essential to refer to the codes of practice tell the minimum rates of pay and the skill level required before applying.