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.

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

The advert (known as the ‘resident labour market test’) makes 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

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

If you advertise in 2 stages, your 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.

You can read the guidance on the shortage occupation list and resident labour market test.