The construction industry is a cornerstone of economic development in the UK, and workers categorized under SOC Code 5319, which includes various specialized construction and building trades not elsewhere classified, are essential for diverse building projects. These skilled professionals handle a range of construction activities that don’t fit neatly into other categories, but are vital for completing complex projects. This guide will help HR professionals navigate the process of hiring and sponsoring non-UK workers under the UK immigration system for these critical roles.
What is SOC Code 5319 for Construction and Building Trades Not Elsewhere Classified?
SOC Code 5319 includes a variety of specialized construction and building trade workers who perform tasks that fall outside the usual classification of common trades like bricklayers, carpenters, or electricians. These workers may be involved in:
- Specialized construction tasks such as cladding, scaffolding, and concrete finishing.
- General building maintenance and repair that requires unique skills not covered by other classifications.
- Completing niche construction projects that require technical know-how and experience.
These professionals are indispensable to the construction industry, especially for projects that require specific skills and expertise that do not fit into typical trade categories.
Eligibility to Hire Construction and Building Trades Not Elsewhere Classified (SOC Code 5319)
When hiring non-UK workers for roles under SOC Code 5319, employers must follow specific guidelines set by the UK Home Office for the Skilled Worker Visa program.
1. Job Requirements
Construction and building workers under SOC Code 5319 must possess specific skills and experience relevant to the tasks they will be performing. Common qualifications and experience requirements include:
- Practical experience in niche construction tasks or specialized building projects.
- Vocational training or apprenticeships relevant to the specific type of work.
- Knowledge of construction safety standards and regulations.
When sponsoring workers for roles under SOC Code 5319, it is important to ensure that candidates have the relevant qualifications and hands-on experience required for the job.
2. Salary Thresholds
To sponsor a worker under the Skilled Worker Visa, the job must meet the minimum salary threshold set by the UK Home Office. For most roles, this threshold is £26,200 per year or the "going rate" for the position—whichever is higher.
However, workers under SOC Code 5319 are listed on the Immigration Salary List, which reduces the minimum salary threshold to 80% of the usual level, making the required salary for these workers £20,960 per year. This reduced salary threshold reflects the high demand for specialized construction workers in the UK.
You can use the Minimum Salary Calculator to ensure your salary offer meets immigration requirements.
3. Immigration Salary List
Being listed on the Immigration Salary List simplifies the sponsorship process for employers. This designation comes with two main benefits:
- Lower salary thresholds: As noted earlier, the salary requirement for roles under SOC Code 5319 is reduced to 80% of the standard threshold.
- Reduced visa fees: Workers applying for roles on the Immigration Salary List benefit from reduced visa application fees.
For more information on salaries for roles listed on the Immigration Salary List, check the immigration salary list.
Sponsoring Construction and Building Trades Workers: A Step-by-Step Guide for HR Professionals
Once you have confirmed that the role and candidate meet the eligibility requirements, follow these steps to sponsor construction and building trades workers under SOC Code 5319.
Step 1: Obtain a Sponsor Licence
Before you can hire non-UK workers, your company must obtain a sponsor licence. This licence enables employers to legally sponsor overseas workers under the Skilled Worker Visa program.
- Sponsor Licence Application: You must submit documentation that proves your business is legitimate and has a genuine vacancy. For more details on the process, visit the sponsor licence application guide.
- Sponsor Licence Fees: The cost of obtaining a sponsor licence depends on the size of your business. Small businesses usually pay £536, while larger companies pay £1,476. For a full breakdown of fees, visit the sponsor licence fees guide.
- Processing Time: Sponsor licence applications typically take up to 8 weeks to process, but the Sponsor Licence Priority Service can expedite this, reducing the wait time to 10 working days.
Once your sponsor licence is approved, your company will be assigned a sponsor licence number, which allows you to assign Certificates of Sponsorship (CoS) to prospective hires.
Step 2: Assign a Certificate of Sponsorship (CoS)
After securing your sponsor licence, the next step is to assign a Certificate of Sponsorship (CoS) to the worker. This certificate is a digital document that provides key details about the job and the individual being hired.
- Defined vs Undefined CoS: You will need a Defined CoS for workers applying from outside the UK and an Undefined CoS for workers already inside the UK. For more information, see the Defined & Undefined Certificates of Sponsorship guide.
- Required Documents: HR professionals must submit several documents when assigning a CoS, such as the worker’s passport information, job offer, and salary details. For a full list of required documents, refer to the Documents Required for Certificate of Sponsorship guide.
Step 3: Apply for the Skilled Worker Visa
Once the CoS is issued, the worker can apply for the Skilled Worker Visa. They must submit their visa application, pay visa fees, and cover the Immigration Health Surcharge (IHS).
- Visa Fees: The cost of the visa depends on the duration of employment and the role’s classification. To calculate the fees, use the visa fees calculator.
- Immigration Skills Charge: Employers are also required to pay the Immigration Skills Charge when sponsoring non-UK workers. This charge is separate from visa fees and is part of the employer’s responsibility.
Conducting a Right to Work Check for Construction and Building Trades Workers
Once the worker has received their visa and is ready to start work, you must conduct a right to work check to ensure that they are legally permitted to work in the UK. This is a legal requirement for all UK employers.
- Manual Right to Work Check: This involves verifying the worker’s original documents, such as their passport and visa.
- Online Right to Work Check: If the worker holds an eVisa, you can use the UK government’s online system to verify their right to work status.
For more information on how to perform a right to work check, see the right to work check guide.
Post-Hiring Responsibilities and Compliance
Hiring construction and building trades workers under SOC Code 5319 doesn’t end with visa approval. Employers must remain compliant with UK immigration laws to maintain their sponsor licence.
1. Record-Keeping and Reporting
- Record-Keeping: Employers must keep up-to-date records of all sponsored workers, including employment details, salary information, and contact details.
- Reporting Changes: Any significant changes to the worker’s employment, such as promotions, salary changes, or changes in their job title, must be reported to the Home Office via the Sponsor Management System (SMS).
2. Sponsor Licence Duties and Compliance
To avoid penalties or revocation of your sponsor licence, it is critical to comply with all sponsor licence duties. Failure to meet these obligations could result in sponsor licence revocation, which would impact your ability to sponsor overseas workers in the future.
How Borderless Can Help with Sponsoring Construction and Building Trades Workers
Sponsoring construction and building trades workers under SOC Code 5319 can be complex, but Borderless can simplify the process for you. We offer comprehensive support to help you manage the sponsorship process, from applying for a sponsor licence to ensuring compliance with UK immigration laws.
End-to-End Sponsorship Support
At Borderless, we assist with:
- Sponsor Licence Application: We guide you through the process of applying for a sponsor licence and ensure that all necessary documents are submitted.
- Certificate of Sponsorship Assignment: Our platform streamlines the process of assigning CoS, making it easier for you to hire skilled workers.
- Compliance Management: We help you manage sponsor licence compliance, reducing the risk of non-compliance and potential penalties.
If you need help hiring or sponsoring construction and building trades workers, feel free to get in touch for personalized advice.
Conclusion
Hiring and sponsoring construction and building trades workers under SOC Code 5319 involves several steps, from obtaining a sponsor licence to ensuring compliance with UK immigration laws. By following the steps outlined in this guide, your business can successfully hire skilled workers from overseas and stay compliant with Home Office regulations.
For further guidance, Borderless offers comprehensive support to help you navigate the sponsorship process. Don’t hesitate to contact us for expert advice on managing your sponsorship needs.