Hiring and Sponsoring Professional/chartered company secretaries (SOC Code 2435)

Professional/Chartered Company Secretaries, classified under SOC Code 2435, are essential professionals responsible for ensuring governance and compliance within an organization. Their role encompasses a variety of critical tasks, including:

• Coordinating Governance Meetings: Organizing board meetings and annual general meetings, while accurately documenting proceedings through minutes and resolutions.
• Analyzing Internal Processes: Evaluating and recommending procedural and policy changes to enhance organizational efficiency and compliance.
• Legal Advisory Roles: Providing guidance on the company’s legal responsibilities and relevant regulations, and liaising with external regulators, auditors, lawyers, and other professionals.
• Report Production: Creating registers of shareholders and annual company reports necessary for statutory compliance.
• Regulatory Submissions: Ensuring timely submission of company information to Companies House and the Stock Exchange.
• Shareholder Management: Maintaining registers of shareholders, administering share options schemes, and overseeing the payment of dividends.
• Administrative Oversight: Managing various administrative functions, including employee pensions, insurance coverage, health and safety regulations, auditing, and estate management.

Given the dynamic business landscape in the UK and the increasing complexity of regulatory environments, the demand for skilled and knowledgeable professional and chartered company secretaries is on the rise. This guide will assist HR professionals in navigating the hiring process and sponsorship of company secretaries under the UK’s immigration system.

What is SOC Code 3411 for Professional/chartered company secretaries?

SOC Code 2435 refers to professional/chartered company secretaries who play a vital role in ensuring corporate governance and compliance within organizations. Their responsibilities can include:

• Coordinating governance meetings: Organizing board meetings and annual general meetings, including preparation of agendas and documentation.
• Writing minutes and resolutions: Accurately recording proceedings and decisions made during meetings.
• Analyzing internal processes: Evaluating organizational procedures and systems, and recommending necessary procedural and policy changes.
• Advising on legal responsibilities: Providing guidance on the company's legal obligations and applicable regulations.
• Liaising with regulators and professionals: Communicating with external entities such as auditors, lawyers, and regulatory bodies to ensure compliance and best practices.
• Producing company documentation: Compiling registers of shareholders, drafting annual company reports, and submitting required information to Companies House and the Stock Exchange.
• Maintaining shareholder registers: Keeping detailed records of shareholders and managing share option schemes and dividend payments.
• Overseeing administrative functions: Administering the organization's employee pensions, insurance coverage, health and safety compliance, auditing processes, and estate management.

Professional/chartered company secretaries contribute significantly to the effective governance of organizations, ensuring legal compliance and promoting transparency in business operations.

Eligibility to Hire Professional/chartered company secretaries (SOC Code 3411)

1. Job Requirements

Professional/chartered company secretaries must possess a strong understanding of corporate governance and compliance while meeting specific qualifications and experience criteria. These may include:

• Education: A degree in law, business administration, or a related field. Professional qualifications such as ICSA or a similar body are highly advantageous.
• Experience: Proven experience in a corporate governance role, preferably within a listed company.
• Skills:
  • Strong analytical skills to evaluate internal processes and recommend procedural changes.
  • Excellent written and verbal communication skills to draft meeting minutes, resolutions, and reports.
  • Knowledgeable in relevant regulations and legal responsibilities pertaining to corporate governance.
• Certifications: Membership in a recognized professional body, such as the Institute of Chartered Secretaries and Administrators (ICSA).
• Technical Proficiency: Familiarity with governance management software and a thorough understanding of how to submit company information to regulatory bodies, including Companies House and the Stock Exchange.

Ensure the job description aligns with SOC Code 2435 and that the professional’s experience and qualifications meet the expectations for the role.

1. Salary Thresholds
2. Use the Minimum Salary Calculator to ensure your salary offer meets immigration requirements.

Sponsoring Professional/chartered company secretaries: A Step-by-Step Guide for HR Professionals

Once you’ve confirmed that the role and candidate meet the eligibility requirements, follow this step-by-step guide to sponsoring Professional/chartered company secretaries under SOC Code 2435.

Step 1: Obtain a Sponsor Licence

Before hiring non-UK Professional/chartered company secretaries, your company or institution must obtain a sponsor licence. This licence enables you to legally sponsor overseas Professional/chartered company secretaries under the Skilled Worker Visa program.

• Sponsor Licence Application: Submit documentation proving that your business is legitimate and has a genuine vacancy. Visit the sponsor licence application guide for more information. 
• Sponsor Licence Fees: Small businesses typically pay £574, while larger institutions pay £1,579. For more information, visit the sponsor licence fees guide. 
• Processing Time: Applications typically take up to 8 weeks, but using the Sponsor Licence Priority Service can reduce the processing time to 10 working days.

Once your sponsor licence is approved, you will receive a sponsor licence number, which allows you to assign Certificates of Sponsorship (CoS).

Step 2: Assign a Certificate of Sponsorship (CoS)

Once you have your sponsor licence, the next step is to assign a CoS to the Professional/chartered company secretaries. This document provides key details about the job and the individual being sponsored.

• Defined vs Undefined CoS: Use a Defined CoS for Professional/chartered company secretaries applying from outside the UK, and an Undefined CoS for those already in the UK. Learn more in the Defined & Undefined Certificates of Sponsorship guide. 
• Required Documents: Provide details such as the Professional/chartered company secretaries’s portfolio, passport and job offer. Refer to Documents Required for Certificate of Sponsorship for a full list of necessary documents.

Step 3: Apply for the Skilled Worker Visa

Once the CoS is issued, the Professional/chartered company secretaries can apply for the Skilled Worker Visa.

• Visa Fees: Fees vary depending on the role and visa length—use the visa fees calculator to estimate the costs. 
• Immigration Skills Charge: Employers are required to pay this charge as part of sponsoring non-UK workers. This is separate from visa fees.

Conducting a Right to Work Check for Professional/chartered company secretaries

Before the Professional/chartered company secretaries begins working, you must conduct a right to work check to ensure they are legally allowed to work in the UK.

• Manual Right to Work Check: Verify original documents such as the Professional/chartered company secretaries’s passport and visa. 
• Online Right to Work Check: If the Professional/chartered company secretaries holds an eVisa, you can use the UK government’s online system to verify their right-to-work status.

For more details on how to perform these checks, see the right to work check guide.

Post-Hiring Responsibilities and Compliance

1. Record-Keeping and Reporting  
2. • Record-Keeping: Maintain accurate and up-to-date records of the Professional/chartered company secretaries’s employment details, salary and contact information. 
   • Reporting Changes: Report any significant changes to the Professional/chartered company secretaries’s role—such as promotions or salary increases—via the Sponsor Management System (SMS).
3. Sponsor Licence Duties and Compliance
4. Failure to comply with your sponsor licence duties can result in penalties or sponsor licence revocation, impacting your ability to sponsor future Professional/chartered company secretariess.

How Borderless Can Help with Sponsoring Professional/chartered company secretaries

Sponsoring Professional/chartered company secretaries under SOC Code 2435 can be a complex process, but Borderless can simplify it for you. We offer comprehensive support to help you manage the entire sponsorship process.

End-to-End Sponsorship Support

At Borderless, we assist with:

• Sponsor Licence Application: Guiding you through the application process and ensuring all required documents are submitted correctly. 
• Certificate of Sponsorship Assignment: Streamlining the CoS process to make hiring easier. 
• Compliance Management: Helping you stay compliant with immigration laws to avoid penalties.

If you need assistance with hiring or sponsoring Professional/chartered company secretaries, get in touch for personalised support.

Conclusion

Hiring and sponsoring Professional/chartered company secretaries under SOC Code 2435 can be a rewarding way to enrich the cultural landscape of your organisation. By following the steps outlined in this guide, you can successfully navigate the sponsorship process while ensuring compliance with UK immigration laws.

For further guidance, Borderless is ready to assist you with all your sponsorship needs. Contact us for expert advice.