Podcast | Workforce Worldview

    Sponsorship Licence Guidance: What Recordkeeping Duties Does a Sponsor Have for Recruitment?

    January 2025
    Featuring:

    In this episode of our Workforce Worldview podcast, we join Osheenn Giam and Annabel Mace as they discuss the new guidance for sponsoring entities when it comes to recordkeeping. They focus on which documents need to be preserved from the recruitment process of a sponsored employee. This includes which records need to be kept from recruitment, how the new guidance compares to the previous labour market test and what situations change the kinds of documents needed, among other questions visa holders and sponsored worker employers may have.



    Why do visa sponsors have to keep records from the recruitment process?

    Many of the rules for sponsor recordkeeping are to ensure genuineness. In other words, the Home Office wants to ensure that if a position has been posted that it is a real position, there was a proper recruitment process and in has not been set up as an excuse to hire a pre-existing candidate specifically. The position itself must be genuine.

    Does every visa sponsor have to keep the same recruitment records?

    What records must be kept from recruiting will depend on the recruitment process itself. For instance, if the position is advertised somewhere then a copy of that advertisement must be kept. There must also be records of how many people applied for the position, how many people made the shortlist and how decisions about the fitness of the applicants were made.

    Are the recruitment record requirements for visa sponsors the same as the previous labour market test requirement?

    No, the labour market test requirements were asking it to be shown that the candidate selected was essentially the only candidate who could do the job or the best candidate. When collecting evident of the recruitment method it only needs to be done with eyes towards proving why they are capable of doing the job.

    Do visa sponsors have to keep records of the previous labour market test?

    If the employee was brought in under the previous rules, then yes there must be evidence for all the previous requirements. This should be grouped with their other recruitment documents as these will be needed in the event of an audit.

    What records should visa sponsors keep from recruitment if the position is not advertised?

    Even if the position was not advertised, a record of how the employee was found and why they're suitable for the role must be kept on file. Recruitment records should be retained at early on off the process while they ae easily available.

    Any tips or advice?

    There are lots of details to consider and Osheenn and Annabel talk through plenty of do’s and don’ts. Key among them is to keep a clear paper trail to prove the genuineness of the position, as well as familiarizing yourself with the Home Office Appendix D list – and, most importantly, talk to one of our immigration lawyers!

    Featuring

    Osheenn Giam London
    Annabel Mace London

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