UNITED KINGDOM: Changes to Sponsorship Guidance on Record Keeping

December 23, 2020

The UK Home Office has recently adjusted the guidance which advises sponsors on the documentation they must keep for their sponsored employees.

Under current rules, all UK sponsors are expected to keep a setlist of documents for their sponsored population. This is part of their duties as a sponsor. New guidance released recently now clarifies that:

1. If an employee does not have a National Insurance Number, the employer must encourage the worker to apply for a NI Number as soon as possible.
2. Although the previous prescribed Resident Labour Market Test has been abolished, sponsors are still expected to retain all evidence of recruitment activity undertaken to fill the sponsored role, notably showing and explaining:

• • where the role was advertised and copies of any adverts
  • why they did not advertise the role (if relevant)
  • how they identified that the individual was suitable for the role

Sponsors are reminded that they must still retain the following documents from any recruitment process:

• • all applications shortlisted for a final interview in the medium they were received, for example, emails, CVs, application forms – this should include the applicant’s details, such as name, address, and date of birth
  • the names and the total number of applicants shortlisted for a final interview
  • for each settled worker who was rejected or did not take up the offer of employment, interview notes, or other documentation which show the reasons why they have not been employed

Our Advice

Sponsors are encouraged to ensure they are up to date on their record-keeping duties, and should they have any concerns or questions to contact us.

For general advice and information on immigration and business travel to the UK, please contact us.