Genuine Vacancy and SOC Codes: Defining Roles, Salaries and Preventing Misclassification

When sponsoring a Skilled Worker visa, you need to ensure the role you are offering is a genuine vacancy and correctly mapped to a Standard Occupational Classification (SOC) code. Getting the SOC code right is essential because it links the job’s duties, salary requirements, and eligibility for sponsorship – any errors can lead to visa refusals or compliance problems.

Your job description must match the SOC code precisely, both in terms of duties and salary. It’s also important that the vacancy is real, with appropriate responsibilities and pay that meets the going rate for the role. Misclassifying roles or offering salaries below the required threshold risks audits and sanctions.

Understanding these rules can save you time and avoid costly mistakes in your visa sponsorship process. Knowing how to set job roles, salaries and SOC codes properly helps protect your business and supports a smooth hiring experience.

Understanding Genuine Vacancy and SOC Codes

You need to carefully identify real job vacancies and select the right codes when sponsoring workers. This helps meet UK immigration rules and avoids errors in salary, duties, and eligibility. Knowing how genuine vacancy rules work and using Standard Occupational Classification (SOC) codes correctly is key to smooth sponsorship.

Defining Genuine Vacancy in UK Immigration

A genuine vacancy means a job you are offering is real, necessary, and not created just to get a visa. The Home Office expects your vacancy to show clear duties, skills needed, and why it’s important for your business.

You must prove the vacancy exists with records like job adverts, recruitment steps, and contract details. Genuine vacancy helps stop misuse of the Skilled Worker route and ensures compliance with UK immigration laws.

Your job offer must match the proposed role closely. This means the job title, duties, salary, and working hours must be truthful and consistent with what you advertise and what the SOC code requires.

Overview of Standard Occupational Classification Codes

SOC codes are four-digit numbers used to classify jobs by skill level and responsibilities. The codes link job roles to visa eligibility, salary rules, and qualifications required under UK immigration laws.

You must choose the correct SOC code for the role you offer. This affects:

• If the job is eligible for sponsorship

• Minimum salary thresholds

• The skill level required

Choosing the wrong SOC code can lead to visa refusals or licence revocation. SOC codes are regularly updated, so using the latest codes is essential for 2025 sponsorship.

Role of Office for National Statistics in SOC Assignment

The Office for National Statistics (ONS) manages SOC codes in the UK. They maintain and update the codes to match current jobs and labour market changes.

ONS ensures the SOC system reflects job duties accurately for various roles. This helps employers and immigration officials use a consistent framework for roles, skills, and pay.

When you select a SOC code, you rely on ONS’s definitions to justify the job’s duties, skill level, and salary using a recognised standard. This connection helps prove your job offer meets legal requirements for visa sponsorship.

Determining the Correct Role and SOC Code

You need to define the job clearly and match it to the right SOC code for your Skilled Worker visa application. This involves checking the job duties carefully and making sure the skill level and qualifications fit the required standards.

Assessing Job Descriptions Against Eligible Occupation Codes

Start by comparing your job description to the official eligible occupation codes issued by the UK government, such as SOC 2020. Each code corresponds to specific roles and skills.

The duties listed in your job must match those in the occupation code precisely. Avoid creating roles just to fit a visa category. The role needs to be real, with genuine responsibilities that reflect the eligible occupation list.

If you pick the wrong SOC code, Home Office refusals or compliance issues may occur. Employers must ensure the chosen SOC code is current, especially as codes changed in April 2024.

Mapping Roles to Appropriate Skill Levels

Each SOC code comes with a required skill level, often linked to the RQF level or equivalent qualifications.

You must confirm that your worker’s role matches the expected skill level associated with the code. For example, roles on the eligible list typically require RQF level 3 or above.

The job cannot be a low-skill position labelled as skilled. Salary levels and duties must correspond to the skills expected from the occupation code to meet eligibility requirements.

RQF Levels and Equivalent Qualifications

The Regulated Qualifications Framework (RQF) defines levels of education and training needed for a role.

Most skilled worker roles require a minimum of RQF level 3, which is roughly equivalent to A-levels in the UK.

Confirming qualifications against RQF helps verify the worker is suitably qualified for the job’s skill level. This is vital for compliance and to pass the genuine vacancy test.

You should check that your candidate’s formal qualifications match or exceed the required RQF level linked to the SOC code you are using.

Salary Thresholds and Requirements

You need to understand the exact salary rules when sponsoring a Skilled Worker visa. Different jobs have specific pay rates, and these rates must meet or exceed set minimums. Salary discounts may apply in some cases, but you must follow precise rules to avoid mistakes.

Minimum Salary Thresholds for Skilled Worker Visas

The main minimum salary threshold is £41,700 a year or £17.13 per hour from July 2025. This baseline applies unless an occupation’s specific going rate demands a higher amount.

Some roles may qualify for lower thresholds depending on factors like experience or job level. For example, new entrants can have a lower minimum salary starting at £33,400 annually.

These thresholds replace earlier general rules and reflect updated government standards. You must confirm the correct thresholds for each role to ensure sponsorship eligibility.

Going Rates and Occupation-Specific Salaries

Each job eligible for the Skilled Worker visa has a Standard Occupational Classification (SOC) code. This code links to its specific minimum pay rate on the Immigration Salary List (ISL).

If the SOC code’s going rate exceeds the £41,700 general threshold, you must pay the specific higher rate. This ensures the role’s salary matches industry standards.

The going rate varies widely between jobs and sectors. You should consult the official ISL regularly, as rates can change and some occupations now have updated SOC codes from April 2025.

Salary Discounts for New Entrants and ISL Roles

The government offers salary discounts for certain groups. New entrants, including graduates starting their first job, often qualify for a lower £33,400 minimum.

Roles on the Immigration Salary List (ISL) and the former Temporary Shortage List (TSL) may also have reduced salary requirements, sometimes set at 80% of the usual minimum.

Health and care workers benefit from specific exemptions or lower salary thresholds, recognising sector needs. However, you must verify eligibility criteria carefully to apply these discounts correctly.

Ensuring Salary Compliance with Immigration Rules

To comply with immigration rules, your salary offer must meet the correct threshold for the SOC code. Your contract and offer letter should clearly state salary, hours, and job title.

You need to show how the salary meets either the general threshold or the occupation’s going rate, including calculations if needed.

Recruitment records may also be required to prove a genuine vacancy. Failure to meet salary requirements risks visa refusal or sponsorship penalties, so thorough checks are essential.

Certificates of Sponsorship and Sponsor Duties

You must handle Certificates of Sponsorship (CoS) carefully to meet Home Office rules. Your sponsor licence requires precise management of CoS, record-keeping, and compliance to avoid problems like revocation or visa refusals.

Assigning Certificates of Sponsorship Correctly

When assigning a CoS, you must ensure the role matches the available Skilled Worker or Temporary Worker routes. Each CoS is linked to a specific job and worker, so accuracy is crucial.

Check that the role meets the right Standard Occupational Classification (SOC) code. This affects visa eligibility and salary thresholds. Confirm the vacancy is genuine—that is, the job really needs filling, and you intend to keep the employee for the full term.

Use the Sponsor Management System (SMS) to assign CoS electronically. Avoid errors like assigning CoS to unapproved job roles or exceeding your allocation, as these may lead to licence sanctions by the Home Office.

Sponsorship Licence Compliance and Record-Keeping

You must keep detailed records of all sponsored workers and CoS assignments. This includes contracts, proof of salary payments, and communication logs. The Home Office can request these records during compliance visits.

Maintain up-to-date business documents that prove your organisation is genuine. These include bank statements, company registration, and VAT records. Failure to keep accurate records or provide requested documents can result in licence suspension or revocation.

Be aware of your CoS allocation limits and report changes like dismissal or resignation promptly in the SMS. Staying compliant helps protect your licence and avoids penalties.

Sponsor Duties in Preventing Misclassification

You have a duty to ensure roles are correctly classified under the SOC system. Misclassification can lead to incorrect salaries being offered or visa refusals.

Your sponsor duties include checking that the job description fits the SOC code and meets the salary threshold set by the Home Office. Do not reduce pay to avoid thresholds or misdescribe duties to make roles eligible.

Regularly review job roles and salaries to confirm they remain compliant if roles change. This helps prevent misclassification, which risks losing your sponsor licence or facing legal penalties.

Avoiding Misclassification: Risks and Best Practices

To protect your business and comply with UK immigration rules, you need clear job roles and accurate salary settings. Properly linking job titles with SOC codes and checking genuine vacancies prevents errors that could lead to fines or visa refusals.

Common Causes and Consequences of Misclassification

Misclassification happens when workers like care workers or skilled workers are wrongly labelled as contractors instead of employees. This often occurs because job descriptions don’t match their actual duties or salaries don’t meet UK Home Office requirements.

The consequences include financial penalties and legal issues for your business. It can also lead to visa refusals or loss of sponsor licences if roles on Skilled Worker Visas don’t meet the correct criteria. Misclassification can damage your reputation and harm worker rights, especially in sectors covered by the Health and Care Visa.

Genuine Vacancy Test and Audit Preparation

You must prepare to prove your position is a genuine vacancy for immigration and compliance checks. Keep detailed records showing the job role matches the SOC code exactly, with relevant duties and salary level.

Document recruitment efforts clearly, including adverts and interview records. This helps satisfy the Home Office that the role is real and meets Skilled Worker Visa rules. Regular audits within your organisation reduce risks by checking for discrepancies early.

Best Practices for Role and Salary Verification

Match the job title with the right SOC code precisely. Use official guidance to determine the code, duties, and salary thresholds, including health and care worker rates if applicable.

Set salaries at or above the minimum required for the Skilled Worker Visa. Review and update job descriptions regularly to avoid misclassification. Train your HR and recruitment teams on these rules to ensure consistency and accuracy. This reduces the risk of legal trouble and strengthens your compliance with UK immigration laws.

Looking for trusted legal experts? Athi Law offers experienced business immigration solicitors to support your company’s global talent needs, specialists in commercial conveyancing to protect your property transactions, and reliable independent legal advice for mortgage agreements. We also assist with immigration for parents, helping reunite families with care. Speak to us today!