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In brief

Despite having removed the advertising requirement from the rules when it revised Tier 2 General into the Skilled Worker category, in its revised Appendix D guidance (on keeping documents), UKVI has now included a requirement to keep records of recruitment.


Key points to note:

If you are sponsoring a worker on a route that does not require a formal Resident Market Test (RLMT) or the role was otherwise exempt from the test, you must still retain evidence of any recruitment activity you have undertaken. If the role was not advertised, you must be able to explain how you recruited the migrant worker. This information will help the Home Office establish that the role is a genuine vacancy.

This requirement applies to all Worker (including Tier 2) and Temporary Worker (including Tier 5) routes where there is no formal RLMT requirement, or where the specific role is exempt from that requirement.

  1. If you advertise the role, you must retain all the following evidence:
    1. Details of any and all advertisements you have placed, which includes:
      1. a screenshot
      2. printout or photocopy of the advert or a record of the text of the advert and
      3. website address or information about where the job was advertised and the duration the advertisement was open for
    2. Keep a record of the total number of people who applied for the job, the number of people that were shortlisted or for other stages of the recruitment process.
    3. Evidence or information which shows the process that was used to identify the most suitable candidate (you do not have to retain application forms, CVs, interview notes or any other personal data relating to unsuccessful candidates):
      1. copy or summary of the interview notes for the successful candidate
      2. a list of common interview questions used for all candidates as part of your selection process
      3. brief notes on why other candidates were rejected and why the successful candidate was selected
      4. information about any scoring or grading process you used
      5. any other relevant information or evidence
  2. If you did not advertise the role, you must be able to explain and provide evidence of how you identified that the worker was suitable. Examples include, but are not limited to, the following:
    1. you identified the worker through a university milk round – you should retain evidence of the milk round
    2. the worker was already legally working for you on another immigration route and you established they were suitable for the role through their previous performance
    3. the worker applied to you outside of a formal advertising campaign (made a ‘speculative’ application) and you were satisfied (for example, by interviewing them and/or checking references or qualifications) they had the necessary skills and experience to do the job

If you would like to discuss these changes please reach out to your usual contact in our Global Immigration & Mobility team

Author

Tony Haque is a senior associate with over 20 years' experience advising in all areas of UK immigration and nationality work, and related European Union law. He is a member of Baker McKenzie’s Global Labor Employment and Employee Benefits Practice Group, where he advises on related corporate, tax and labor law issues, and leads the Firm's Global Immigration & Mobility department in London. Tony is an appointed member of the Law Society's Immigration Law Committee which provides expert guidance to practitioners and seeks to influence the direction of policy. He is recognized as a leader in his field by all of the main UK legal directories including Chambers & Partners, Legal 500, Legal Experts, Global Counsel 3000 and A Who’s Who of Corporate Immigration Lawyers.

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Richard Mills is a Senior Associate in Baker McKenzie's London office.

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Ying Li is a Senior Immigration Specialist in Baker McKenzie London office.

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Wendy Mortimer is a Senior Immigration Specialist in Baker McKenzie London office.

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Natasha Riley is an Immigration Specialist in Baker McKenzieLondon office.

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Tomoko Sasaki is an Immigration Specialist in Baker McKenzieLondon office.