What is SOC code for COS and choosing correct one
One of the most important tasks when assigning a Certificate of Sponsorship (COS), is to choose the correct SOC code for the job role that you offered to a migrant worker. Therefore, the starting point is to understand the definition and meaning of ‘SOC code’.
The term ‘SOC code’ is used in the UK immigration rules for sponsored work visas such as Skilled Worker, Global Business Mobility (GBM) and Scale-up.
It is useful to know that the definition and meaning of ‘SOC’ is not created by the Home Office for the purpose of immigration . It is borrowed from the Office for National Statistics (ONS). According to ONS website, the Standard Occupational Classification (SOC) is a common classification of occupational information for the UK. In short, SOC code is a job category. The currently used SOC classification is SOC 2020.
As an example, SOC code 5113: GARDENERS AND LANDSCAPE GARDENERS covers jobs such as:
Garden designer
Gardener
Gardener-handyman
Landscape gardener
When UK sponsor employer is applying for sponsor licence and/or is assigning a Certificate of Sponsorship (COS) to a migrant worker, they need to choose a SOC Code that most closely matches the job role offered to the migrant worker. When an incorrect SOC is chosen it may result in the visa refusal.
Important to note, that if a sponsor employer decides to deliberately choose a wrong SOC code in order for a migrant worker qualify for a skilled worker or other sponsored UK visas, such actions may result in revocation of the sponsor licence.
Where to find the list of Soc Codes for Skilled Worker and other sponsored work visas
In the UK immigration rules there is Appendix Skilled Occupations where you can find the list of jobs, SOC codes, that qualify for Skilled Worker, Global Business Mobility (GBM) and Scale-up visas. The jobs for Skilled Worker visa must be at least NQF Level 3 (approximately High School graduate level), whereas for GBM and Scale-up visas the jobs must be at least NQF Level 6 (university graduate level).
When you look at the Appendix Skilled Occupations you will see that the above principle on skill level is reflected in the Appendix. Namely, there are SOC codes that qualify for Skilled Worker visa but not for GBM or Scale-up visas.
To choose the right SOC code you need to have the job title, job description and person specification for the job role that you intend to offer to a migrant worker.
With all the above you can proceed to select the most appropriate SOC code for the job role.
How to choose correct SOC code – ONS SOC code digital tool
Now, when you are familiar with the meaning of SOC code and you know where to find the list of SOC codes, you can focus on how to choose the correct SOC code. If you do not know your job’s occupation code, you can search for your job in the CASCOT occupation coding tool.This makes it easier to make the choice.
Our top tip when choosing SOC code is not to forget to use your industry knowledge and common sense when embarking on the process to choose the SOC.
As a sponsor employer, you have a duty is to choose the closest match for the job role that you intend to offer to migrant worker(s).
Why it is important to choose the correct SOC code for COS
Choosing incorrect SOC code may cause many negative outcomes, starting from refusal of COS allocation, refusing sponsor licence application and refusal of visa application.
Sponsor employers have to ensure that the jobs they offer to migrant workers meet the Genuine Vacancy requirements. You will see from the below, that the job description should not be exaggerated or incorrect to deliberately make it appear to meet the visa requirements for the intended visa category. For example, the job is below NQF Level 3, but you deliberately draft the job description in such a way so the job appears to be more skilled. You then choose a SOC code that appears to meet the visa requirements but in fact it is a sham as the actual job is not sufficiently skilled.
Genuine vacancy for work visas UK
According to Home Office, genuine vacancy is one which:
• requires the jobholder to perform the specific duties and responsibilities for the job and meets all of the requirements of the relevant route;
• does not include dissimilar and/or predominantly lower-skilled duties;
• is appropriate to the business in light of its business model, business plan and scale.
Examples of vacancies that according to Home Office guidance are not considered to be genuine include, but are not limited to:
• a role that does not actually exist;
• one which contains an exaggerated or incorrect job description to deliberately make it appear to meet the requirements of the route when it does not, or is otherwise a sham;
• a job or role that was created primarily to enable an overseas national to come to, or stay in, the UK;
• advertisements with requirements that are inappropriate for the job on offer (for example, language skills which are not relevant to the job) or incompatible with the business offering the employment, and have been tailored to exclude settled worker.
