Resident Labour Market Tests now more stringent

We have noticed recently that the UKVI are becoming increasingly vigilant and demanding when assessing resident tests.

UK Visas manage in excess of 100 resident labour market tests each year, both for changes of employment and out-of-country recruits. As part of these tests we have to provide reasons why any EEA applicants are not suitable for the role and clients need to keep records of these tests on file in readiness for a sponsor licence compliance visit.

Whilst Tier 2 guidance states sponsors should keep copies of CVs for any shortlisted applicants (along with interview notes etc) compliance officers are now demanding to see every CV, regardless of whether the candidate was shortlisted. We hold these in file here for every test conducted, so if required we can provide these to you, but in future we may decide to forward every applicant to clients on conclusion of every test – apologies for yet more filing!

We have also noticed for the first time that, when Tier 2 limits request additional information about restricted CoS requests, they are now asking to see every single application received as part of their consideration process.

In future, when running these tests, we may therefore have to ask clients to look at a few more cv’s than previously to help us check suitability prior to reaching out for further information from the applicants themselves.

UKVI have also slowed down their consideration process for restricted CoS in the last month or so. Whereas 80% of requests used to be allocated on the day the panel met (usually 11th of each month) we are now having to wait up to 10 days for the allocations to be approved. This December for example, the first one (of eight requests) was allocated two days late, on 13th, whilst we are still waiting at the time of writing for all the others. And no reasons are provided for the delay, and there is no way to expedite the requests so we just have to wait.

Jan
16

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