16 September 2008
The UK Border Agency has today released its long awaited codes of practice for Tier 2 of the Points-Based System. Employers will need to have careful regard to the relevant code of practice before they employ non-EEA nationals. If the proposed job does not meet the conditions of the code of practice, the non-EEA national cannot be issued with a certificate of sponsorship under Tier 2. The codes should assist employers in determining the crucial, and often difficult, issue of whether the proposed job will meet the minimum Tier 2 skill level of N/SVQ level 3.
The codes set out (1) the skilled jobs at N/SVQ level 3 or above in each occupation that employers are allowed to issue a certificate of sponsorship for; (2) the minimum appropriate salary rates; and (3) the acceptable media and methods for passing the resident labour market test.
The codes of practice are set out below:
- Section A - agriculture, forestry and fishing
- Section B - mining and quarrying
- Section C - manufacturing
- Section D - electricity, gas, steam and air conditioning supply
- Section E - water supply, sewerage, waste management and remediation activities
- Section F - construction
- Section G - wholesale and retail trade, repair of motor vehicles and motorcycles
- Section H - transportation and storage
- Section I - accommodation and food service activities
- Section J - information and communication
- Section K - financial and insurance activities
- Section L - real estate activities
- Section M - professional, scientific and technical activities
- Section N - administrative and support service activities
- Section O - public administration and defence, compulsory social security
- Section P - education
- Section Q - human health and social work activities
- Section R - arts, entertainment and recreation
- Section S - other service activities