Immigration and visas advice webinar

The answer will change subject to people’s individual circumstances, but most employers can extend a certificate of sponsorship past five years. Individuals can also be encouraged to gain their indefinite leave to remain to secure their rights, but employers can also extend their sponsorship if required. 

As long as the individual’s visa permits them to do the work in question we see no reason why a permanent contract could not be issued. Employers need to be aware of risks associated with treating those who have a limited right to work differently as that could lead to complaints of discrimination. The Code of Practice for employers: avoiding unlawful discrimination while preventing illegal working: 6 April 2022 explains that once a person who has time-limited permission to stay in the UK has established their initial and ongoing entitlement to work, they should not be treated less favourably during their employment, including as to the terms of their employment, opportunities for training, promotion or transfer, benefits, facilities or services. We recommend that all contracts of employment contain a term explaining that continuing employment is subject to maintaining a right to work in the UK. 

No, there is not a minimum length of time needed for sponsorship. Nuffield Trust research does indicate it can take up to 36 months to have a return on investment for overseas nurses. The length of time for sponsorship needs to be considered with other funding sources. 

You’ll usually need to be paid at least £20,960. If the going rate for your job is higher than £20,960, you’ll usually need to be paid at least the going rate. Each occupation code has its own annual going rate. How you find the going rate depends on your job. More information on salary requirements can be found on GOV.UK. 

Salary thresholds are subject to review and employers should check the latest information on GOV.UK before issuing a COS.

The Health and Care Visa requires a person to be employed by an approved employer. A list of approved employers is set out at paragraph 2 of the Health and Care Visa guidance. We recommend that you examine that list of approved employers carefully and satisfy yourself that the company meets the criteria. In the context of subsidiary companies of NHS trusts, it is likely that the company will be approved if it, and the employment, meets the criteria at paragraph 2:  specifically where the employment supports the provision of prescribed regulated activities and is registered with the Care Quality Commission. Being employed under NHS Terms and Conditions is not a specific eligibility requirement for the Health and Care Visa. 

It is unlikely that this will be picked up by the case manager at UKVI. The onus is on the employer to ensure that the role meets the eligibility criteria on the COS and that the applicant notifies UKVI on their application form. Therefore, we recommend that applicants are advised by employers of the need to check the box to confirm they are applying for the Health and Care Visa. If they do not do so, they will not benefit from the reduced application fee or the exemption from the Immigration Health Surcharge.

Not all jobs eligible for a Health and Care Visa are on the SOL.  A major review of the list was conducted in October 2023 by the Migration Advisory Committee (MAC). Among other substantial changes, it recommended that roles such as care workers and lab technicians were added while others, such as nurses, be removed. 

For more information, please read our latest news article. 

Doctors (SOC 2211 – medical practitioners) are eligible for a Health and Care Visa, which is a type of Skilled Worker Visa.  The benefit of the Health and Care Visa is going to be the reduced fees and the exemption from the Immigration Health Surcharge. The lower costs make the Health and Care Visa more advantageous for applicants.

Yes, employers can offer other support roles if an applicant is unsuccessful in their NMC registration. To do this, employers will need to issue a new COS, as long as the new COS is issued before the Home Office curtails the nurse’s Skilled Worker Visa, the nurse should not have to leave the country to apply to vary their visa. The Trust should be able to issue an undefined COS.

Sponsors have an obligation to report work related changes (see section C1 of Workers and Temporary Workers: guidance for sponsors Part 3: Sponsor duties and compliance). You will only need to report a change in home address in two circumstances: 

1. where you are no longer sponsoring a worker, or the worker has been absent from work without your permission you will need to tell the Home Office the last recorded residential address and contact telephone number for the worker, and any personal email addresses you have for them (C1.15)
2. where there is a change in work location and the employee is working a hybrid working pattern where the worker will work remotely on a regular and planned basis from their home or another address, such as a work hub space, that is not a client site or an address listed on your licence (C1.20).

You will need to report some changes in pay where a sponsored worker is absent from work without pay, or on reduced pay, for more than four weeks in total in any calendar year (see C1.13) for more information. You would currently report these changes using the ‘Report migrant activity’ function in the SMS. For guidance on how to do this, see SMS Manual 9: reporting worker activity.

Yes, registration with a professional body does act as proof for their English language requirement. Home Office guidance can be found on the .GOV website. 

As outlined in the NHS Employment Check Standards, it is the responsibility of the employer to ensure that all evidence and certification provided is scrutinised and appropriately verified. For candidates being recruited from overseas, this should take place as early in the process as is possible, and before the individual travels to the UK. While the regulator will validate documentation needed as part of the registration process, in many cases these checks are the last stage of the process for entry onto the register, by which point as the employer, you will have given much time and resource to supporting the recruit who subsequently cannot take up employment.   

Alan Addison from IELTs shared guidance on this matter during our October webinar on identifying fraudulent pre-employment documentation: recruitment from outside the UK. You can watch back the webinar and look at FAQs via the webpage. 

Many employers have invested in ID document scanning devices to support their manual processes to check authenticity. ID document scanning devices are a valuable aid to detecting fraudulent documents. The are lots of products on the market offering a range of different features to check the authenticity of legal documents such as passports, identity cards and driving licences. These devices can check text font, watermarks and other security features that can be detected under ultraviolet light. They cannot detect incidences where individuals have obtained a legitimate document fraudulently. For example, if an individual has fraudulently taken on another identity to obtain further legal documentation in that name. We would therefore recommend that any such devices should be used in conjunction with the manual checks outlined within the NHS Employment Check Standard for Identity Checks.

A visa vignette is not a form of ID and does not establish a right to work. It is a sticker that allows a person to travel to the UK and collect their Biometric Residence Permit when they are in the UK. 

For identity checking purposes, please check the identity checks standard for a suggested list of identity documents. The list is not exhaustive, and employers can choose to accept other forms of documentation. However, employers must also recognise that not all documents offer the same level of assurance. The range of documentary evidence should verify the individual's photograph, full name, signature, date and place of birth, current residing address and other biographical and social history information which may be cross-referenced.

A Graduate Visa is valid for two years generally, or three years if they have a PhD or other doctoral qualification. After this time, they will need to apply for a Skilled Worker Visa and can switch in country. 

Those on a Student Visa do not need to be sponsored by a UK employer to work in the UK. Sponsorship is held by the UK educational establishment that the individual is studying with. A student may be able to obtain a Graduate Visa once they have completed their course of study and can work in most jobs without being sponsored. A Graduate Visa allows the applicant more flexibility (i.e. does not have to be sponsored). However, the time spent on a Graduate Visa does not count towards the qualifying period to obtain Indefinite Leave to Remain and therefore there are some circumstances where an applicant may prefer to obtain a visa through the Skilled Worker Route, the time for which may be used in a later application for Indefinite Leave To Remain. In addition, where the role is eligible, an applicant may wish to apply for a Health and Care Visa because it is cheaper to apply for and they will not need to pay the annual Immigration Health Surcharge. 

Much will depend on whether the apprenticeship meets a required route or tier, the restrictions placed on an individual’s right to work. The Skilled Worker Route is unlikely to be open to those seeking to undertake an apprenticeship as salary levels often do not meet the eligibility requirements for that route. 

The costs of apprenticeships are often met by Apprenticeship Levy funding, which are subject to funding rules. An individual who is a resident in the UK on a Student Visa or Graduate Visa is unlikely to be eligible for funding unless they meet certain criteria. One of those criteria relates to residency, which requires an individual to have been an ordinary resident in the UK for at least three years prior to the apprenticeship (see Apprenticeship funding rules 2023 to 2024 (publishing.service.gov.uk), paragraph 23.5 and Annex A). Ordinary residency means being a resident in the UK for reasons other than full time education. This criterion often means that those on a Student Visa, Graduate Visa or Youth Mobility Scheme Visa are ineligible.

We advise that you obtain legal advice on a case-by-case basis.  

Generally, a student will have a right to work in a role as long as they do not work more than 20 hours per week (in all employment) during term time. They may also work full time outside of their usual term time as long as the role they are working in is not filling a full-time post. A student that is switching from the student visa into the Skilled Worker Route may work in a full-time role where they have completed their course of study and have made an application to switch. There is no requirement that a student’s permanent post must be fixed term. As explained at our answer to question 2 above, once a person who has time-limited permission to stay in the UK has established their initial and ongoing entitlement to work, they should not be treated less favourably during their employment, including as to the terms of their employment, opportunities for training, promotion or transfer, benefits, facilities or services.

If you’re sponsoring someone who has a UK Student Cisa to switch to a Skilled Worker Visa, you will not have to pay the charge if they switch to either a Skilled Worker or Senior or Specialist Worker Visa and then extend their stay on the new visa. More details can be found on the .GOV website. 

Those on a Student Visa can switch to a Skilled Worker Visa while still in the UK through an undefined COS. Take a look at the information on applying for COS. 

Applicants do not have to successfully complete a course when switching from a Student to a Skilled Worker visa, but they are still required to meet the necessary skill level for their visa. 

10. We have examples of students applying for Graduate Visa and joining us on their Student Visa after the course has finished but before they have their Graduate Visa in place. We do not have a licence to offer sponsorship once the two years has ended, so we have a situation where unless they leave for another role, we will have to move to dismiss. I understand there is no cost to the employer other than to check the application for the Graduate Visa is in place to give a statutory excuse for six months until the graduate visa is in place.

A student who has made an application to vary their permission (here from Student Visa to Graduate Visa) continues to have a right to work in accordance with the permissions afforded in their original (Student) Visa. In these circumstances their right continues by application of 3C Immigration Act 1971. While the Graduate Visa is being processed you will need to establish a right to work by making an application to the Employer Checking Service (ECS) and obtaining a Positive Verification Notice. You can rely on this as a time limited statutory excuse (usually six months) and make periodical applications to ECS while you are waiting for the graduate visa to be granted. 

No, there is no restriction to the amount of time someone on a Graduate Visa can work. 

There is no explicit obligation to sponsor a worker. However, the circumstances of the case may be that it is reasonable to sponsor an individual if they ask to switch into the Skilled Worker Route. If you are concerned about this issue then we recommend that you take legal advice on the circumstances. 

As long as the placement is an integral and assessed part of the student’s course the time spent on placement is not counted towards the limit on work. A student on a qualifying placement can work full time on that placement and work 20 hours in other work. 

As long as an application to vary permission has been made before the expiry of the existing visa, an individual will have a right to continue working under the permissions of their existing visa until the new application is determined. This is permitted by s3C Immigration Act 1979. In the example, the graduate can start work relying on their permissions under the graduate visa while they are waiting for the Skilled Worker Visa to be granted. 

If the individual has not already started employment before the Graduate Visa has expired we would recommend that you approach the Employer Checking Service and obtain a Positive Verification Notice before starting the employment. If the individual is an existing employee you may benefit from a 28 day extension to your existing statutory excuse where you are satisfied that the individual has made an in time application to vary their permission. This would allow you to continue the employment maintaining the statutory excuse and will allow you time to make an application to the Employer Checking Service for a Positive Verification Notice, which will allow you to maintain the statutory excuse beyond the 28 days until the new visa is granted.

Yes, if they do not work more than 20 additional hours. 

Generally, a skilled worker must work for their sponsor during their contracted hours. This precludes the ability of a skilled worker working in a secondment.  The Workers and Temporary Workers: guidance for sponsors states: You must not assign a COS to a worker for a role which amounts to either:

• the hire of the applicant to a third party who is not the sponsor to fill a position with that party, whether temporary or permanent
• contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not the sponsor, regardless of the nature or length of any arrangement between the sponsor and the third party (SK3.11).

A skilled worker can work in supplementary employment for another employer without obtaining new permissions as long as they do not work more than 20 additional hours and is outside of the normal working hours that the individual works for their sponsor.

Overtime with the sponsor does not count towards supplementary employment, and they can work as many hours as they agree with their sponsoring employer.

Any overtime with their sponsoring employer will need to be paid at least in line with the salary stated on their COS (see Employer's guide to right to work checks: 18 October 2023).

NHS Employers is in conversation with the ESR team about a potential enhancement to the system which would allow employers to record when an individual is working for them under the Home Office additional hours arrangements and to record the name of the primary sponsor. There is no release date for this enhancement yet, but we will continue to make employers aware of any changes to the ESR.

The statutory excuse is obtained by completing a Right to Work Check correctly in accordance with Home Office Right to Work guidance. To establish a statutory excuse for those with a Skilled Worker Visa the standard method is to conduct a Home Office online right to work check. The statutory excuse will be maintained for the duration of the right as stated on the Home Office online output. 

We appreciate that there will be limited circumstances where the Home Office’s records have not caught up with the reality of the situation. This could include, for example, a scenario where the individual’s primary employer (their sponsor) has ended sponsorship and employment, but it has not promptly informed the Home Office about this. In those circumstances a statutory excuse will be obtained if the Home Office’s online Right to Work Check is inaccurate at the time of checking but the employer relies on that in good faith. 

Notwithstanding this it remains good practice - and encouraged - that employers fully scrutinise a person’s permission to work in order to minimise the risk of illegal working. It is also important to note that where an employer has reasonable cause to believe that a person they are employing does not have a right to work in the UK they could be found guilty of a criminal offence.  

To help minimise the risk of a criminal or civil offence occurring it would be good practice for employers to ensure in all contracts of employment that continued employment is conditional on the individual to maintaining their right to work status for the full term of employment. Further terms may include that an employer must immediately notify the employer if their immigration status changes, or they cease to have the right to work in the UK.  Finally, thorough pre-employment checks should bring to light any circumstances which may give cause for concern. 

As above, where an employer is unable to establish a statutory excuse through the usual method, the employer can ask the Home Office for conformation through the Employer Checking Service and by obtaining a Positive Verification Notice they will gain a time limited statutory excuse.

More information on taking on additional work can be found on GOV.UK. This includes information on the types of additional work applicants can do without updating their visa, as well as when their visa needs to be updated. 

Yes, there are restrictions to the types of additional work those on a Skilled Worker (or Health and Care) Visa can take. 

Applicants can take on up to 20 hours a week in another job without updating their visa if it’s in the same occupation code and at the same level as the first job or is on the SOL. 

Applicants will need to update their visa if they are working less than 20 additional hours in an additional role if the job is not on the SOL and is a different occupation code to their original job, or is in the same occupation code as the original job but at a different level.  

Yes, they can reduce their hours as long as their salary remains above the salary threshold once pro-rated out. This may require an update to the SMS system where the reduction results in a significant change to the workers employment such as a change of job role or core duties. 

No, someone cannot work over 20 hours with a different employer, even if the setting is the same without updating their visa. However, if the additional hours mean that the individual is working overtime to their sponsored role albeit through an external bank then the additional hours will not count as supplementary employment and will instead be overtime.

In respect of skilled workers, any additional work over the 20-hour limit on supplementary employment will require a secondary visa. 

Yes, it is the individual’s responsibility to notify the Home Office if they go over the additional hour restrictions. 

NHS Employers is in conversation with the ESR team about a potential enhancement to the system which would allow employers to record when an individual is working for them under the Home Office additional hours arrangements and to record the name of the primary sponsor. There is no release date for this enhancement yet, but we will continue to make employers aware of any changes to the ESR.

We recommend that you have clear contractual provisions in place requiring the worker to comply with the rules on supplementary employment and to not work where they require secondary sponsorship to do so (without that secondary permission). 

Where the additional work would amount to overtime with the sponsor (in the same role as the worker is sponsored) that will not fall within the supplementary employment limitations. If the worker is carrying out a different role, or is being supplied through the bank to another employer, the worker is limited to 20 hours in supplementary employment and any additional hours would require a secondary visa. 

No, the restrictions are based on a per week basis. 

Where the additional work would amount to overtime with the sponsor (in the same role as the worker is sponsored) that will not fall within the supplementary employment limitations. If the worker is carrying out a different role, or is being supplied through the bank to another employer, the worker is limited to 20 hours in supplementary employment and any additional hours would require a secondary visa. 

The MAC recently published a major review of the SOL and made several recommendations which, if accepted, would see a significant reduction to the number of eligible roles on the list. 

Among its recommendations is that the government removes the going rate discount and that all occupations on a national pay scale where the going rate is above the general threshold for the Skilled Worker Route are made ineligible for the SOL.

A large number of occupations are now considered ineligible for the SOL because salaries are above the general threshold. This means that occupations that may have been included previously are now excluded from the SOL for example healthcare roles such as nurses.

This does not mean that these roles are not in shortage. The MAC also recommends renaming this list to Immigration Salary Discount List (ISDL) due to the current name being misleading and to reflect the purpose of the SOL.

For roles such as nurses and paramedics, they already receive 20 tradable points for having a salary in health that meets national pay scales. Therefore, they do not need other tradable points for being a role in shortage. If the government accepts the MAC’s recommendation, there will be no change to how these roles are recruited. 

More information on the most recent review of the SOL can be found on the NHS Employers website. 

No, there is no way to view the visa application from the candidate side. An applicant should receive confirmation that their application has been submitted but will not be provided with a means to see the progress of the application until it is determined.

We advise that you take specific legal advice on this question given the risks of discrimination. 

Entry clearance is the procedure used by Entry Clearance Officers (ECOs) at British missions overseas to check, before a person arrives in the UK, if that person qualifies under the Immigration Rules for entry to the UK. The individual will usually receive a vignette in their passport confirming the date that they were given entry clearance. You will need to check this when the person arrives. If a worker does not begin employment within the relevant 28 days, you can inform UKVI of the new start date and give reasons why there is a delay. This must be reported by the end of ten working days after the 28-day period.

At present, a skilled worker must usually have at least £1,270 in their bank account to show they can support themselves in the UK. A sponsor can opt to support a skilled worker instead and will need to confirm this when applying for a COS by completing the sponsor certificates maintenance section of the certificate under the additional data heading. 

The requirements of maintenance of dependents is explained on the government website here: Skilled Worker Visa: Your partner and children - GOV.UK (www.gov.uk). A sponsor can confirm that they will financially support dependents. 

The arrangements between a worker and an employer (sponsor) may be governed by the contract of employment with the employer holding the amount equivalent to financial support.

In terms of repeating pre-employment checks it’s not a simple yes or no as it depends on the situation. Should the terms of the individual’s role remain the same (so there are no changes to the role or responsibilities that would trigger any new employment checks - such as DBS or occupational health) then it may be more straightforward. We advise employers to take the opportunity to verify that all details recorded about the individual on ESR are up to date, and that there is no relevant information on their personnel record that may need to be considered against their suitability for the role. They must also ensure that there remains a record of every check conducted.

You will not be able to reissue a COS if it has expired. You will need raise a new COS, and the employer will be charged an additional £239. This cannot be charged back to the employee.

We are not aware of any circumstances where this has occurred. Employment should not start with you until the date indicated in the COS at the earliest. The individual should be able to continue working for their current sponsor until the agreed start date on their COS with you.

If an individual has made an in time application they should be able to continue to live and work in the UK in accordance with the permissions in their original visa until the new visa is granted. 

No, there is no issue with recommending services to international recruits. The International Recruitment Toolkit is a great resource for employers to support their international recruits. 

A Certificate of Application is issues to applicants to the EU Settlement Scheme. This can be relied on to evidence their rights. A Certificate of Application is accessible to view online, via the view and prove your immigration status service.

The Home Office online service should tell you the extent of their permission to work i.e. they can work for their sponsor and any other employer for up to 20 hours. Any restrictions on employment should be clear even if the type of permission (visa) is not clear. 

Employers can use the ONS Coding Tool to help identify the right SOC code based on job description and job title, but there is little guidance from the Home Office. Employers should use a common-sense approach and try to closet match to the job being offered, and employers are encouraged to best match the duties and responsibilities as opposed to the job title. 

You are not likely to obtain a visa for an individual in a Band 2 role unless the role is in the Shortage Occupation List and the total basic salary exceeds the going rate for a Band 3 employee. The SMS system does not give you the option to issue a COS to a person where the salary is below Band 3. 

If you exclude candidates requiring skilled worker sponsorship from shortlists because the post does not satisfy the qualifications or salary requirement to qualify for skilled worker sponsorship, you will face the risk of a challenge by individual job applicants or complaints that your recruitment practices are unlawful. The imposition of requirements which have a more disadvantageous impact on a particular group, will amount to indirect discrimination, unless your organisation can objectively justify the reasons behind the requirement. Asking this question at an early stage and having a blanket policy which excludes individuals who require sponsorship will disadvantage non-UK candidates on the grounds of their nationality or citizenship, which could also amount to direct race discrimination.

This is not a question that we can provide a general answer to. You should obtain specific advice on this issue as it will be fact sensitive. 

Potentially. We recommend that you take legal advice on this issue as it will likely be fact specific. 

Potentially. As stated at our answer to question 2 the Code of Practice for employers: avoiding unlawful discrimination while preventing illegal working: 6 April 2022 explains that once a person who has time-limited permission to stay in the UK has established their initial and ongoing entitlement to work, they should not be treated less favourably during their employment, including as to the terms of their employment, opportunities for training, promotion or transfer, benefits, facilities or services.

E-visas will replace BRPs over the course of 2024. This will be an online system where employers will be able to view an applicant’s right to work status without the use of a paper document. Since April 2022, the Home Office Online Checking System is the only way to successfully complete a Right to Work Check on a BRP holder. 

More information on e-visas can be found on GOV.UK. The roll out of e-visas are still in development with the Home Office, and NHS Employers will provide updates with any changes as they progress. 

Applicants can use a share code as an electronic way to prove their right to work in the UK if they hold a biometric resident card or permit and hold a UKVI account. 

Not all applicants will meet the above criteria, and therefore will need to provide a paper copy of their right to work. 

Applicants can also prove their right to work by providing a current passport with a Home Office endorsement in it, an immigration status document, or an application registration card. 

If someone cannot show a share code or immigration document, employers can use the Employer Checking Service. 

Potentially. Recognition of overseas health service should be considered to avoid discrimination. 

You will check this through the Home Office Online Checking System or through the Employer Checking Service. 

As of 22 August 2022, DHSC has announced that the governments of Nepal and of the United Kingdom have signed a Memorandum of Understanding (MOU) on the managed and ethical recruitment of Nepalese healthcare workers to the UK as part of a trail. The MOU enables the managed recruitment of Nepalese healthcare workers to a single NHS trust, Hampshire Hospitals NHS Foundation Trust.

For other health or social care employers (including NHS trusts, private providers, social care organisations, or local authorities) or organisations on the Ethical Recruiters List, the MOU does not allow active recruitment from Nepal. Therefore, any active recruitment from Nepal operating outside of the terms of the MOU would be deemed a breach of the Code of Practice. Please read this news article for more information.

Yes. If a candidate resident in a country on the Code of Practice Red List sees a vacancy in the UK without any targeted recruitment activity having taken place, they are within their rights to apply directly to the health or social care setting and if successful, travel to the UK under the appropriate visa.

For the purpose of the Code of Practice active international recruitment is defined as the process by which UK health and social care employers (including local authorities), contracting bodies, recruitment organisations agencies, collaborations and sub-contractors target individuals, either physically or virtually, to market UK employment opportunities, with the intention of recruiting to a role in the UK health or social care sector, whether or not it leads to substantive employment.

This can include, but is not limited to, advertising to candidates through all types of communication mediums, incentivisation activities such as referral bonus schemes, and referring candidates to specific vacancies in the UK in return for a fee from the employing organisation. It is illegal under section 6(1) of the Employment Agencies Act 1973 for recruitment organisations of any type to charge fees to the individual applicant for job finding services.

Other examples of active recruitment include referring candidates who are currently resident in red list countries to an employing organisation, even if they have approached the agency directly. Organisations, agencies, and collaborations should also be vigilant to online activity, particularly responses to social media and web enquiries. If your website enables CVs to be submitted, an agency should include a supporting statement that applications from individuals resident in countries on the Code of Practice Red List cannot be accepted.

The only exception to this definition is where a candidate has already been appointed by a UK employer following an independent direct application and selection without the support of a recruitment organisation, agency, or collaboration, as defined below. In this case, if required, these organisations can support and facilitate the employee’s passage to the UK. In such cases it is the responsibility of the recruitment organisation, agency, or collaboration, if challenged, to provide evidence that the services they are providing are permitted under this exception.

No, individuals have the right to migrate for economic or social purposes and the UK should not be seeking to prevent this. Where individual health and social care personnel resident in countries on the WHO Health Workforce Support and Safeguards List 2023 want to move to the UK to work, they can make a direct application to a health and social care employer for a job independently and of their own accord.

This can be deemed discriminatory. Since individuals have the right to migrate, even if they are resident in red or amber list countries, if that make a direct application to a specific vacancy hosted by the employing organisation, they should be considered just like any other applicant. 

No, you can only accept direct applications. 

A direct application is when an individual makes an application directly and on their own behalf to an employing organisation and not using a third party, such as a recruitment organisation, agency, or collaboration.  The candidate must search, apply, interview, and accept the job offer for a role to an employing organisation to be considered direct. A direct application can only be made in response to a vacancy which is hosted by, and recruited to, the same sponsoring organisation.

It is only once a candidate has accepted a job offer, following a direct and independent application to the employing organisation, that a recruitment organisation, agency, or collaboration could be approached by that employing organisation to support with further administration relating to their move to the UK.

Rejecting unsolicited applications (passive recruitment) gives rise to a risk of direct discrimination. This could also amount to indirect discrimination and therefore you would need to show that this is a proportionate means of achieving a legitimate aim. We recommend that you obtain specific legal advice on this issue.

Hosted by NHS Employers, the International Recruitment Network is a safe space for employers to meet and discuss all matters relating to international recruitment. The group meets every two months. You can register your interest for the group via the NHS Employers sign up.