Tier 2 Sponsor Licence holder there are a number of rules and requirements which you must add here to when hiring a non-EEA national (from outside the European Economic Area).
Apart from remaining compliant with the UK Immigration Rules and Sponsor Licence, there are other less responsibilities which must be taken into consideration when hiring a non-EEA national or when applying for a licence to do so.
One of these considerations is the ‘genuineness’ test, by which the Home Office ascertains whether or not you have a genuine need to recruit employees from outside of the EEA. This assessment is approached by the Home Office in a variety of ways and in order to stand up to this scrutiny we advise you to consider the following:
If you are applying for the right to employ professionals from outside the European Economic Area, the recruitment needs of your business will be assessed during the consideration of your Sponsor Licence application.
This will be assessed as part of the migrant’s Tier 2 application and the role’s ‘genuineness’ will be ascertained in a variety of ways including whether or not the position or its responsibilities have been exaggerated, and whether it appears that the Resident Labour Market Test has .
The UK for a full 28 days on an approved specified job advertisement platform before being able to offer it to a Tier 2 migrant. This is known as the Resident Labour Market Test and checks that no suitable candidate can be found in the UK.
An employer should not hire a migrant who is under-skilled or under qualified for the role in hand otherwise the role may not be seen as genuine. If the migrant is not appropriately qualified for the vacancy at the time of application, proof that they expect to accrue the appropriate qualifications by the time they begin the job must be provided as part of the application.
It is important to consider whether or not they will be able to meet all requirements of the relevant immigration category such as an English language test.