Guidance for Sponsoring Tier 2 Workers

Hmm. So where does it say you can change the location and remove the agency name half way through the advertising period, whilst retaining the exact same advert url?

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.

section 28.18

When conducting the resident labour market test, you can only use the advertising methods set out in this guidance. The job advertisement must be in English, or Welsh if based in Wales, and it must include:

a) the job title;

b) the main duties and responsibilities of the job (job description);

c) the location of the job;

d) an indication of the salary package or salary range or terms on offer. For more information, please see rates of pay;

e) skills, qualifications and experience needed; and

f) the closing date for applications, unless it is part of a rolling recruitment programme. (If it is a rolling recruitment programme, the advertisement should show the period of the recruitment programme).

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.

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.


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