- The post which I am about to advertise will never attract Tier 2 under the Points Based System. Can I include a statement in my advert that non-EEA candidates will not be considered?
- What if the applicant does not have the right to work in the UK?
- What is the Resident Labour Market Test?
The post which I am about to advertise will never attract Tier 2 under the Points Based System. Can I include a statement in my advert that non-EEA candidates will not be considered?
Potentially yes but this is still indirect discrimination and excluding applicants based on sponsorship criteria is not the safest practice and still carries an element of risk that will require objective justification. Employers making such statements in adverts will need to be able to justify this assertion with evidence that the qualifications and salary for the post would not meet the basic requirements of the points based system.
You might also consider making clear in advertisements that overseas candidates wishing to apply who would require sponsorship can self-assess the likelihood of obtaining a Certificate of Sponsorship for the post on the UKBA website.
What if the applicant does not have the right to work in the UK?
Once the Recruitment Team have carried out these checks and they establish that the applicant is not permitted to work in the UK, then the applicant must not commence employment.
If there is no evidence that such permission is going to be promptly forthcoming you must withdraw the offer of employment. If a person is likely to obtain the relevant permission within an acceptable time period, such as within two weeks, then it is at your discretion to withdraw the offer of employment or wait until the permission is received.
What is the Resident Labour Market Test?
The UK Border Agency website provides further information about the 'RLMT'.
Following recent changes to UK immigration law, if you wish to recruit a migrant worker from outside the EEA who requires sponsorship, you can only do this if the job is on the shortage occupations list or if you complete a RLMT and can show the UKBA that “no suitably qualified settled or resident worker” could be found to take the job.