Checklist for Recruiting Overseas Staff

HR Checklist for Recruiting Overseas Staff

1. Is the post authorised? (ESTAB A or ESTABC)

1. Does the post require internal or external advertising?
2. Is there a pool of applicants who do NOT need Tier 2 approval?
3. Is it possible that Tier 2 approval will be needed to fill this post?

1. Where Tier 2 may be needed:
2. Does the advert wording meet the resident labour market* test?

The following information must be contained in the advert and for Jobcentre Plus adverts:

• Job title
• Location of the job
• Salary range, or indication of salary package
• Any terms of the offer, e.g. fixed term, part-time
• Main duties and responsibilities of the job (job description)
• Essential skills, qualifications and experience required to perform the role. It is critical to identify all requirements which will be used as grounds for making an appointment. If the requirement cannot be justified, it should not be used as selection criteria or be included in the advert.
• The closing date for applications
• Has the advert been placed on JobCentre Plus
• Has the advert been placed for a minimum of 28 days.

1. Has other advertising media been agreed? e.g. jobs.ac.uk/ guardian

1. Ensure all documentation for the recruitment process (e.g. advert, applications, shortlisting, interview notes and results) is kept on the personnelfile – this may be needed to justify decision to recruit a migrant worker

1. Ensure that the Job Description and Person Specification are accurate reflections of requirements. NB if an EEA national meets the requirements it will not be possible to recruit an overseas worker who requires Tier 2 approval.

1. Once a recruitment decision has been made (but before offer made):
2. Liaise with recruiting manager and the migrant to ensure that sufficient points will be awarded to allow entry to the UK under the appropriate immigration Tier (see here for more details)
3. Check and certify original identity documentation(see here for more details)**
4. Complete pre-employment form (see here)**
5. Apply for Certificate of Sponsorship (within 6 months of placing advert)
6. Liaise with migrant to ensure they apply for leave to remain – they cannot commence work until this has been granted (original documentation must also been seen and copied for the personnel file). NB if migrant has limited leave to remain for another employer/ role, they still must obtain new leave to remain and cannot commence the new employment until they have done this.

1. Issue Offer

1. Arrange appointment with employee prior to first day of work to ensure all starter documentation is completed and seen.

Important Note:

All identity documentation MUST be seen, copied and certified BEFORE the migrant starts work.

*Resident Labour Market is defined as the pool of workers who qualify as resident workers. A resident worker is a person who is a national of the European Economic Area (EEA) or is legally settled in the UK with permission to work here

** It may be necessary to see identity documentation at interview or to see the documentation after the certificate of sponsorship has been applied for. In either case the documentation must be seen before the migrant commences employment