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Recruitment record keeping continues under the new skilled worker route.

On 18 December 2020, Home Office updated its Appendix D: keeping documents guidance for sponsors. The full version of updated guidance can be seen here.

The updated guidance now requires the Sponsors to retain recruitment/advertisement records. Sponsors must retain evidence of any recruitment activity they have undertaken for the job, or jobs, in which they are sponsoring workers. This applies even if they were not required to undertake a formal resident labour market test before recruiting a migrant worker and applies to all positions sponsored including graduate roles. If they did not advertise the role, they must be able to explain:

• why they did not advertise it (for example, if they are sponsoring a Religious Worker in a supernumerary role, or the individual was previously legally working for you on a different type of visa)

• how they identified the individual was suitable for the role

The records they must maintain otherwise are listed out on Part 2 Point (a) to (k) on the guidance. There is also a note added for sponsors to encourage sponsored workers to apply for a national insurance number, if one has not been allocated yet.

Please note that retaining the required evidence will confirm that the employment offer was genuine and not one to merely facilitate immigration. The record keeping records is a bit contradictory, considering RLMT is not required under the new skilled worker route. We will provide further updates, if there are any changes to this position.

Disclaimer: No material or information provided on this website should be construed as legal advice. Readers should always seek appropriate professional advice to resolve their Legal Matters.
About the Author

  Adarsh Girijadevi

Adarsh Girijadevi is the founding Director and Head of the Immigration at City Legal Services Ltd. He has immense experience in Immigration Law and is accredited at Level 3 (the highest level) by the OISC.

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