Tier 2 sponsor licence application onus is very much on the applicant to show resident labour market test is carried out properly
A UK based organisation that wishes to employ a non EU overseas applicant in the UK must have a valid Tier 2 sponsor licence. Many Tier 2 sponsor licence applications are rejected every year due to errors – such as failing to provide the correct documentation and information required, or failing a site visit from Home Office officials – meaning lost working hours and repeat applications.
A change in management at the Exmoor Surgery NHS practice in west London required it to make a new application for a Tier 2 sponsor licence. Its failure to undertake a compliant Resident Labour Market Test when previously hiring a business development manager, among other allegations of non-compliance, led to the licence being refused.
In (Admin) very useful guidelines can be extracted from the judgement.
The following useful guidelines emerge from the judgment:
- The onus is very much on the sponsor to show that no suitable settled worker is available to fill the job
- Reasons for rejection should be provided even for the candidates who were rejected
- All candidates who meet the skills and experience criteria set out in the advertisement for the post must be properly assessed and, where they are not taken on, full written reasons should be provided
- If a settled candidate meets the requirements of a post as set out in the advertisement, they should be hired over a candidate without settled status even if the latter is considered to be the better candidate
Contact us our team on 0203 909 8399, via email on enquiries@connaughtlaw.com if your business need help with Tier 2 sponsor license application, renewal, CoS allocation or compliance visit.
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