News to UK sponsors, new changes to compliance rules

The latest news from the UK’s Home Office is that the guidance related to the license for workers and temporary workers are been updated. The updates include important guidelines. It clarifies the duties of sponsors regarding record keeping which will be followed by employers to adhere to UK immigration rules.

The updated Appendix D of the guidance provides clarification on the documents sponsors are required to keep to recruit foreign nationals. The Home Office has 2 sections of guidance outlining this. The RLMT was scrapped in December 2020. That has made it easier to hire foreign workers. Bur sponsors are still required to keep the necessary records and documents in order to sponsor license-holders.

Even though the RLMT has been scrapped, it’s necessary for sponsor license holders to follow compliance rules of the Home Office to recruit foreign nationals. The new changes in the guidance have been widely welcomed.

In the new guidance, the primary purpose of compliance records is to demonstrate that a vacancy is genuine. Where there was a need for a formal RLMT to be conducted, it will be necessary to keep the evidence. This means the evidence of all relevant activity of recruitment for the time the sponsorship stays valid. These records will have to be kept for a minimum period of 12 months after the end of sponsorship of a foreign worker.

On the contrary, where there was no requirement for a formal RLMT, the following must be kept:

• A record of job adverts
• A record of how many people applied for the job
• A record of how many people got shortlisted for interview
• A record of the process used to find the right candidate

The new guidance specifically instructs that no employer will need to keep a copy of CVs, job application forms, interview notes, or other personal information of unsuccessful candidates.

However, employers will be obliged to explain, where required, why a job role was not advertised if it was not advertised. If an individual gets employed without getting back to an advertisement for a job vacancy, the employer will have to explain with evidence for how the worker was identified and put to the job for that role.

The new guidance with changes for sponsor license procedure comes amid higher demand after the completion of the Brexit transition in December 2020. Now, EU nationals must have visas to work in UK. So, employers are seeking talent from the EU and other countries of the world other than the UK. These employers will now need a sponsor license.

Many EU employers will be using the UK immigration system for the first time. The new, updated work visa category has apparently made it easier for foreign workers to work in UK.

The UK SOL has been expanded. This was done based on the recommendations made by the independent MAC. The list now has more health-related jobs.

Also, the minimum salary threshold for skilled workers has been brought down to £25,600 from £30,000. A new entrant will get an even lesser salary as their minimum is currently set at £20,480.

If you are looking to Study, Work, Visit, Invest or Migrate to the UK, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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Note:

RLMT - Resident Labor Market Test

SOL – Shortage Occupation List

MAC – Migration Advisory Committee