How do I sponsor a migrant worker?
Tier 2 (General)
This page explains your duties when assigning a certificate of sponsorship as a sponsor under the Tier 2 (General) category of the points-based system.
If you are licensed to sponsor migrants under Tier 2 (General) you must only assign a certificate of sponsorship (CoS) to a migrant if you are satisfied that the migrant intends, and is able, to do the specific skilled job that you are recruiting them to do. The job must be at or above the appropriate skill level. You must also familiarise yourself with the different requirements for assigning a CoS under Tier 2 General when a job or CoS is 'restricted' or 'unrestricted'. You must not assign:
- a restricted CoS to a migrant for any job except the one you described in your application for that restricted CoS
- a restricted CoS when an unrestricted CoS would be required; or
- an unrestricted CoS to a migrant when a restricted CoS would be required.
When you assign a CoS under Tier 2 (General) you are guaranteeing that:
- where required, you have carried out the resident labour market test as set out in the Guidance for sponsors and the relevant code of practice; or
- the job is exempt from the resident labour market test; or
- where applicable, the job appeared on the list of shortage occupations published by us (or if the job is in Scotland, on the Scotland-only list), on the date you assigned the CoS; or
- if you were required to conduct a resident labour market test, the migrant will be paid in line with the rate at which the job was advertised.
You are also guaranteeing that:
- the migrant will be paid at or above the appropriate rate (including any specific permitted allowances) for the job as set out in the Guidance for sponsors;
- the job is a genuine vacancy; and
- the job is at or above the minimum skill level permitted, as set out in the Guidance for sponsors.
Terms explained
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Certificate of sponsorship
A 'virtual document' assigned by a licensed sponsor to a migrant who wishes to work for them in the UK. The migrant must quote the certificate of sponsorship reference number when applying for permission to enter or remain in the UK under Tier 2 or Tier 5 of the points-based system or, where the migrant is a Croatian national, when applying for worker authorisation.
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Resident labour market test
This is the process an employer must follow before employing a person who is not a permanent resident of the United Kingdom if he/she is first required to show that no resident worker could be found to take a job.
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S/NVQ level 3
This refers to either the Scottish Vocational Qualification or the National Vocational Qualification at level 3. A qualification at this level is one that shows competence that involves the application of knowledge in a broad range of varied work activities performed in a wide variety of contexts, most of which are complex and non-routine. There is considerable responsibility and autonomy and control or guidance of others is often required.