Genuine vacancy requirement changes for sponsor licence holders
The UK Home Office have updated their guidance on advertising and genuine vacancy requirements for employers of migrant workers.
For some working visa routes, sponsors must show that they have carried out a resident labour market test before employing a migrant worker to demonstrate that they cannot find a suitable settled worker for the role. For other routes where the test is not required, employers must show how they recruited a worker to help the Home Office assess whether there is a “genuine vacancy”.
Resident Labour Market Test (RLMT)
Previously, employers wanting to hire a foreign migrant under the Tier 2 (General) visa route had to apply for the Resident Labour Market Test (RLMT). This was a recruitment process where the employer had to show that they had tried to recruit an EEA or settled worker in the position but there was no one suitable, meaning they had to hire from abroad. This is no longer a requirement, but the Home Office still requires that an employer demonstrates that they are offering a genuine vacancy.
What is the genuine vacancy test?
A sponsor must prove that they can offer genuine employment that meets the required salary and skills level under the visa route. The Home Office are looking to assess whether the role is genuine and not set up for the purposes of recruiting an overseas national.
The guidance splits the test into two sections, A and B.
Evidence required for section A
If you were required to carry out the RLMT (due to the visa route), then the following documents should be kept:
- A copy of the job advertisement
- Evidence of where the vacancy was advertised
- A screenshot
- Evidence of suitable applicants
Evidence required for section B
If you were not required to carry out the RLMT, or the role was exempt from the RLMT, then according to the Home Office:
“You must still retain evidence of any recruitment activity you have undertaken. If you did not advertise the role, you must be able to explain how you recruited the worker.”
You should be able to explain how you recruited the worker which could include the following:
- Through a university milk round
- The worker was already working for you on another visa route and is suitable for this role
- The worker applied for the role through a formal advertising campaign
The guidance also outlines sponsors’ duties under the Data Protection Act.
Should you have any queries regarding the above information or if you require assistance with your corporate, employment or immigration matter, please get in touch with a legal professional at Hudson McKenzie via email at firstname.lastname@example.org or by telephone +44(0) 20 3318 5794.
The information provided does not amount to legal advice.