Overseas Workers – Frequently Asked Questions Q: Can I consider UK candidates before looking at overseas applications?A: Since the changes brought in as part of the BREXIT agreement, in 2021, there is no longer a Resident Labour Market Test in place and all candidates have the right to be considered (against the criteria of the person specification) for any job to which they apply, regardless of where they come from.Q: Can I reject/not shortlist a candidate due to them needing sponsorship or a visa?A: No, they should be treated the same as all candidates and if they meet the essential criteria they should be shortlisted for interview. At interview, you can discuss with them further what visa route they would be applying through and whether the role qualifies for sponsorship.Q: We have requested Health and Care Worker Visas for our staff, but the documents they receive all state skilled worker with no mention of health and care. As a result, we are unable to allow them to work more than 20 extra hours per week on our bank team. How can we get confirmation that they have Health and Care Visas?A: The Health and Care Visa is a subset of the Skilled Worker Visa (all health and care workers get a skilled worker visa). Providing the bank work is for the same sponsor they can do more than 20 hours. However, any bank shifts for any other sponsor (or employer) would be limited to 20 hours as per the supplemental employment restrictions.Q: When completing a right to work check, it does not confirm the current sponsor information. If an applicant is already sponsored, how do we confirm who the current sponsor is and when will it change to the new employer? A: You should ask the individual to provide a letter or other evidence from their sponsor confirming:– They’re still working for their sponsor– The job description and occupation code of their sponsored employment.– Their normal working hours.Guidance is available in (Annex B) on GOV.UK website. Q: We have multiple applicants from red list countries. There seems to be no clear advice on how we support this. We don’t want to say no to a good candidate, but we don’t want to incorrectly recruit those residing in red list countries. Please can you advise?A: Direct applications of candidates from red list countries should not be treated any differently to any other direct application. Direct applications do not breach the NHS Code of Practice. There is a more information on the NHS Employers website avoiding discrimination and a quick guide on the Code of Practice.Q: A candidate has phoned me with questions around visa requirements I can’t answer, where should I direct them?A: Advise them to have a look on the UK Visa & Immigration website for further information.Q: I have just found out that one of my staff member’s visa has expired, what steps should I take to renew it quickly?A: If the member of staff no longer has the right to work in the UK they will need to be terminated from their employment before steps can be taken to apply for a new visa/ CoS. Contact your HR/ER department for advice.Q: What checks do I need to take up for candidates to prove eligibility to work in the UK?A: Guidance on what documentation is required can be found on the Right to Work page.Q: Our service is thinking of recruiting healthcare professionals internationally. Can you advise on the best way to do this and what countries to target?A: We work with an advertising agency; Penna, who could help you attract the best candidates for your posts whether it is within the UK, EEA or overseas. Raise a ticket through our Service Now platform for further information. You should not actively aim to recruit from developing countries.Q: I have a good overseas candidate but they don’t have the required UK professional registration essential to the role. Can I still offer them the post?A: This needs to be undertaken by the individual in advance of applying for a post where professional registration is required. The only exception to this is specifically for medical & dental posts, where the candidate meets the minimum requirement in the person specification for the role, meets the requirements to have GMC/GDC registration, but is unable to finalise the registration in their own country, given GMC/GDC set up arrangements. They will still be able finalise their registration through sponsorship from the Academy of Royal Colleges, in the UK, as long as they have this confirmed before the final offer of employment is issued.Q: When a post is advertised as permanent and the successful candidate requires sponsorship/visa for right to work which is time-limited, could we appoint the candidate on a fixed term contract basis for the same term as their sponsorship/visa term?A: No. This would be direct discrimination which is not justifiable.Q: Can I withdraw an offer or decide not to offer an individual a post because they require sponsorship?A: If the reason the department doesn’t want to offer sponsorship is purely due to costs, then this is unlikely to be justifiable. This is due to the fact case law explains that they cannot justify discrimination based on costs alone.Q: Who qualifies for a Health & Care Worker Visa?A: To qualify for a Health and Care Worker visa, a candidate must:- Be a qualified doctor, nurse, health professional or adult social care professional- Work in an eligible health or social care job- Work for a UK employer that’s been approved by the Home Office- Have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK- Be paid a minimum salary – how much depends on the type of work they doQ: If an application for a restricted CoS is successful, how long do we have to assign the CoS to an individual before it expires?A: The restricted CoS must be assigned to an individual within three months, or it will expire and we would need to reapply. Once the restricted CoS has been assigned, the individual will have a further three months to apply for entry clearance before the CoS expires. The Board will only be charged for the certificate at the point of assigning it to an individual.Q: Is the supplementary work still restricted to 20 hours?A: Yes, supplementary work is restricted to 20 hours. Supplementary work is available to the individual if the additional role is the same as the main job and is an occupation on the Skilled Worker Visa. It is possible to take on a secondary job if they will be working over 20 hours, however, they will need to need to get a new CoS from the new employer for secondary employment. Q: How long does it take to get a CoS then for the individual to get their visa?A: Undefined CoS’s are issued immediately, defined CoS’s can take up to two weeks for the UKVI to issue. The Home Office advises that the visa process can take up to six weeks. Q: What is the immigration salary list and how can it help us recruit from overseas?A: The immigration salary list is an official list of roles where there are not enough workers in the domestic UK labour market to meet demand. A current list can be found on the UKVI website.Q: The role I am appointing to is part-time. Can I sponsor someone for this post?A: This will depend on the hours being offered, the SOC code, salary point and whether the gross part-time salary meets the salary requirements set by the Home Office. Please seek advice from the recruitment team if you want to offer an overseas candidate who requires sponsorship a post as they will need to be looked at on a case by case basis.Q: If a candidate applies for a post with eligibility to work, and their visa types then changes, what should I do to confirm the new visa type continues to give them eligibility?A: This requires evidence of what the new visa/eligibility to work is and check against what is held by the Home Office before updating eESS. Where required, advice can be sought from the ERRS through the ERRS ServiceNow portal.
