8. Job suitability

You can sponsor a worker if the tier 2 or tier 5 job they’re going to do has a suitable rate of pay and skill level.

Offering a skilled job in Scotland

If you want to offer someone a skilled job, it must be Scottish Credit and Qualifications Framework (SCQF) level 9 or above for both Tier 2 (General) and Intra-Company Transfer.

Creative jobs

There are separate rates of pay and skill levels for:

Advertising the job

You may need to advertise the job you’re offering if it’s not on the shortage occupation list. This is known as carrying out the ‘resident labour market test’.

You must advertise any job you offer to a worker in the following categories:

  • Tier 2 (General)
  • Tier 2 (Minister of Religion) or Tier 5 (Religious Workers) unless it’s a non-essential position or involves living within a religious order (eg as a monk or nun)
  • Tier 5 (Creative and Sporting) in the creative and entertainment sector, unless you can explain why the job can’t be done by a settled worker

You must place 2 adverts. Follow the rules in the ‘How to carry out the resident labour market test’ section of the guidance for sponsors.

The adverts make sure that there are no suitable workers already living permanently in the UK. It must be a genuine vacancy.

How long to advertise the job for

Each advert must run in the UK for 28 days in most cases, either continuously or in 2 stages.

If you advertise in 2 stages, each advert still needs to run for a total of 28 days and neither stage can be less than 7 days.

You must be able to show that you didn’t find a suitable worker.