If you need to advertise a post and feel it is likely you may have a high number of applications from applicants that require a VISA, there are important actions you will need to take.

If it is likely you may need to offer a post to an overseas candidate you should do the following:

(1)    Check whether the post fall within the Home Office Shortage Occupation List

(2)    Ensure that you adhere to the requirements of the Resident Labour Market Test

Home office shortage occupation list

An employer can apply for a certificate of sponsorship if the post is on the shortage occupation list.

It is the Home Office which approves posts that are added or removed from this shortage occupation list. If your post is not on this list, you will need to adhere to the Resident Labour Market Test.

Tier 2 COS for a post on the occupation shortage list can only be assigned if the post will be a minimum of 30 hours per week.

If your post is not on this list, you will need to adhere to the Resident Labour Market Test.

Resident labour market test

To apply for a VISA under this test, all vacancies must be advertised to settled workers for 28 calendar days.

A settled worker means any settled worker who has the skills and experience you are seeking. If you find you have more than one candidate with all the necessary skills and experience you advertised for, where one is a settled worker and one is a migrant, you must appoint the settled worker even if the migrant is more experienced.

This means that if a settled worker meets all the essential criteria of the post you must offer the post to them, even if the migrant worker scores much higher.

The 28 day advertisement requirement can be completed in 2 stages, as long as no stage is less than 7 days in length.

If a suitable settled worker is identified, they can be appointed straight away.

If no suitable settled workers are identified during these stages, the resident labour market test has been completed & you can sponsor someone under tier 2 to fill your vacancy.

Should you need advice in relation to overseas applicants or migrant workers, please contact a senior member of the resourcing team