Following changes to the Immigration Rules on 1 December 2020, the Home Office has issued a revised Appendix D on 18 December 2020. This sets out the documents which licensed sponsors are expected to retain.
Whilst the list will be familiar to existing sponsors, we are concerned that even though the resident labour market test (RLMT) has been abolished for Skilled Workers, sponsors are being expected to retain evidence akin to that required under the RLMT.
If you did not advertise the role, you must be able to explain why you did not advertise it and how you identified the individual was suitable for the role.
If you did advertise, then you need to keep the advert and if you advertised online they still expect to see a screenshot from the first day of advertising. They also continue to require you to retain data about all individuals shortlisted for the role and explain why any settled workers were not suitable.
It is unclear whether this is poor drafting and a failure to properly update the document following the changes, or if the Home Office is almost trying to maintain the RLMT by the back door. This point is being raised by the Immigration Law Practitioners Association and we will report on any developments. In the meantime sponsors should do their best to document any recruitment activity and their reasons for selecting a migrant worker.
Sponsors should also be aware that if requesting a defined Certificate of Sponsorship to sponsor a migrant from outside the UK, the Home Office is regularly asking for further details. These include not only the job description and requirements of the role, but a copy of the contract showing salary and hours and personal details of the migrant you wish to recruit. You should be ready to provide this information if requested, to avoid any delay in obtaining a decision on your request.
These articles are from the January 2021 issue of Employment and Immigration Law Update, our monthly newsletter for HR professionals. To download the latest issue, please visit the newsletter section of our website. For further information please contact a member of Birketts’ Immigration Team.
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at January 2021.