Recent amendments to the immigration rules now require employers sponsoring foreign workers under Tier 2, Tier 4 and Tier 5 schemes, to maintain documents showing workers’ skills, qualifications and experience for their job positions. These documents must be kept on file for at least one year and available for inspection upon request by the Home Office. These new regulations applies to foreign workers under the aforementioned visa categories who began work on or after November 19, 2015.
Employers must retain all documentation for positions filled by these foreign workers that enclose the complete job description including the duties, responsibilities, qualifications and skills. Employers who underwent the resident labor market test will not have to duplicate the relevant documentation if the documents were originally kept on file. However, employers that did not undergo resident labor market testing, specifically for Tier 2 migrants, will still have to retain the necessary documentation as proof of the foreign worker’s qualifications for the role.
Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation. This news alert may have been prepared using information from Peregrine Immigration Management, which is licensed to Fakhoury Global Immigration.