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The Home Office has updated its sponsor licence guidance for workers and temporary workers. The updates include clarification on the record keeping duties of sponsors, which employers are required to follow in keeping with UK immigration rules.
Appendix D of the guidance, perhaps the most important piece of guidance for sponsor licence holders, has been updated to reflect the changes. The changes provide clarification on what documents sponsors should keep for recruiting foreign nationals.
The Home Office now has two guidance sections outlining what documents sponsors must retain when hiring overseas nationals. In December 2020, the Resident Labour Market Test (RLMT) was scrapped, making it easier to hire foreign workers. However, record-keeping requirements are still applicable to sponsor licence holders.
Follow compliance procedures
Despite the RLMT being scrapped, sponsor licence holders must still follow Home Office compliance rules in relation to recruiting foreign nationals. Previous rules reportedly created ambiguity for employers, and the change to the guidance has been widely welcomed.
The new guidance applies where a formal RLMT is conducted and where one isn’t, and clarifies that the primary purpose of compliance records is to show that a vacancy is genuine.
Where there was a requirement to conduct a formal RLMT, evidence will need to be kept, meaning evidence of all relevant recruitment activity for the duration of a sponsorship. These records will also need to be kept for at least 12 months after sponsorship of an overseas worker ends.
Where a formal RLMT is not required, a record of job adverts, the number of people who applied for the job, the number of people shortlisted for interview and the process used to find the right candidate, must be kept.
No need to keep application forms
The guidance specifies that employers will no longer be required to keep a copy of job application forms, CVs, interview notes or other personal data for unsuccessful candidates.
However, employers must be able to explain, where necessary, if a role wasn’t advertised why it wasn’t advertised. If a person is employed without responding to a job advert, evidence must be provided by an employer demonstrating how they identified or recruited that person for the role.
Sponsor licence demand
Changes to sponsor licence guidance come amid increased demand following the completion of the Brexit transitional period in December 2020. With EU citizens now requiring a visa to work in the UK, employers looking to hire talent from the EU and the rest of the world require a sponsor licence.
For many employers, this will be the first time using the UK immigration system. The new look work visa category has seemingly made it easier for foreign nationals to work in the UK.
The UK Shortage Occupation List (SOL) has been expanded based on recommendations made by the so-called, independent Migration Advisory Committee (MAC) and now includes more health-related job roles.
Meanwhile, the minimum salary threshold for skilled workers has been reduced from £30,000 to £25,600 and it’s even lower for new entrants, with the threshold set at £20,480.
Workpermit.com can help with Sponsor Licences
If you need help with employing Skilled Workers and help to apply for a Sponsor Licence, including complying with your Sponsor Licence obligations, workpermit.com can help.
For more information and advice on Sponsor licences, please contact us on 0344 991 9222 or at london@workpermit.com
