Dom’s Diary – December 18th, 2014 – Resident Worker Test

Holy Shit!  I’ve just been reading the Tier 2 regulations again

Annex 5 – Circumstances in which we will revoke your licence, section U:

You assign a restricted Tier 2 (General) CoS to a migrant and on the application for that CoS you stated that you had conducted a resident labour market test and either:

  • the test you conducted did not meet the requirements set out in this guidance; or
  • you had not conducted a test.

hmm.  And then section 28.2

A suitable settled worker means any settled worker who has the skills and experience you are seeking. If you find that you have more than one candidate with all the necessary skills and experience you advertised for, where one is a settled worker and the other is a migrant, you must appoint the settled worker even if the migrant is more skilled or experienced.

OK, there are a few exceptions for section 28.2 but none of them include fecking up a major Government IT project so guess what Speckyboys – pack your bags, you’re all going home!

I can’t claim you’re on the skills shortage list cos you’re not even covered in that, so according to section 28.24

For each recruitment method, where you have conducted the resident labour market test, you must keep the documents listed in Appendix D. If you fail to advertise a job vacancy in line with the requirements set out in this guidance, we will take action against you.

Even the fact that I changed the location in the adverts to London to stop Edinburgh people applying doesn’t work – cos the location has to be correct. Shit!

Don’t worry about me – I’ll be fine.  I’ve not paid you yet ha ha!

Actually – only kidding.  UKBA are a bunch of feckwits. You’ll all be absolutely fine and anyway – the only action is to revoke the license and I’ll just come back with another company with a new license.  It’s pretty easy to get around.

Chill.  Everybody’s safe.


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