Sponsors must hold a range of documents, including detailed information regarding those they sponsor. The requirements are set out in Appendix D of the Sponsor Guidance and UKVI has recently updated this information.
Why has Appendix D been updated?
Much of Appendix D remains the same. However, when UKVI introduced the Skilled Worker route in December 2020, it removed the Resident Labour Market Test (RLMT). Appendix D was updated to reflect the change, in relation to individuals sponsored from then onwards, but the initial amendments caused widespread confusion. This is because sponsors were still required to hold much of the highly prescriptive documentation that had been required under the RLMT.
Through various UKVI stakeholder groups we are part of, we were able to engage with UKVI on behalf of our clients and propose changes. We are pleased that many of these have been implemented.
What has changed?
The key changes can be found on pages 11 and 12 of the ‘updated Appendix D document‘.
Organisations sponsoring workers under the Skilled Worker route must be able to satisfy UKVI, if required, that the role represents a ‘genuine vacancy‘.
Thankfully, UKVI now recognises that recruitment can arise in a number of circumstances, including less formal scenarios such as employee introductions, word of mouth, etc.
UKVI has confirmed that if sponsors did not advertise the role in the traditional way, they can retain evidence to show how they met the genuine vacancy requirement, including in situations where:
‘the worker applied to you outside of a formal advertising campaign (made a ‘speculative’ application) and you were satisfied (for example, by interviewing them and/or checking references or qualifications) they had the necessary skills and experience to do the job’.
Sponsors should note that they do still need to retain more prescriptive evidence if they recruited the candidate via a more traditional method such as, but not limited to, advertising.
They must also retain evidence that a formal RLMT was conducted in cases where the old rules applied.
Details of exactly what evidence must be retained depending on the specific recruitment scenario are contained in Appendix D.
How important is it to retain Appendix D documents?
All organisations that hold a sponsor licence have declared in the original application, and in any renewal applications, that they will comply with the sponsor duties. Holding the documents specified in Appendix D is a sponsor duty.
If UKVI carries out a sponsor compliance review and concludes that a sponsor is not complying with its duties, it can suspend or revoke the sponsor licence.
It is important that sponsors across all routes comply with the sponsor guidance.
We strongly recommend that sponsors regularly review not only Appendix D in detail, but also the sponsor guidance, to ensure that the organisation is fully compliant.
Sponsor licence applications and duties: How our immigration solicitors can help
If your organisation needs a sponsor licence or assistance with a current licence, we have significant experience in this area of law. We will ensure that your application is fully prepared and provide full support and guidance to you throughout the process. We will also ensure that you are fully aware of the various sponsor duties your company will need to comply with once your licence application is approved and provide you with ongoing support. If you require assistance, please contact us or complete our enquiry form below.
