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You must:

  • Prepare selection criteria against which the candidates will be assessed in accordance with the HR Recruitment Guidance. The selection criteria must match the essential criteria outlined in the job advertisement.
  • Keep copies of CVs/applications for all applicants short-listed for final interview (in circumstances where there is a shortlist of one individual - the selection criteria must clearly show why the individual was shortlisted and why the other candidates were rejected). CVs and other application documents must be kept in the medium they were received, so please keep copies of emails containing application documents and the originals of any hard copy applications.
  • Keep interview notes which justify the appointment of the selected candidates. These notes must demonstrate that either:
  • (for PhD-level jobs) each shortlisted EEA candidate was less suitable than the selected candidate; or
  • (for non-PhD-level jobs) no EEA candidate was suitable for appointment (i.e. did not meet all the essential selection criteria).

Where you are required to meet the Resident Labour Market Test when you apply for a Certificate of Sponsorship (CoS), you will need to submit all of these documents. Further details on the methods for submitting these documents can be found on the Creating a Certificate of Sponsorship webpage.

Where you are using Web Recruitment to fill a vacancy, please note that an HR11 Selection Results grid, pre-filled with applicant names and whether or not each is a settled worker or not, can be downloaded from the Web Recruitment System. This may assist you in completing the above and providing required evidence of your selection decisions and reasons. Please see the Managing Vacancies user guide for the Web Recruitment system.

The Compliance Team will retain these documents for the duration of spsonorship, plus one year or until a UKVI Compliance Officer has approved them whichever is the shorter.

Please note: you should never reject, or be seen to reject, any candidate (or potential candidate) on the grounds that they do not hold the right to work in the UK. The only stage of the recruitment process where right to work can be considered is at the final stage. This cannot be done earlier because:

  • It is not a foregone conclusion that those with the right to work will be successful in all the intermediate stages in the recruitment process or that those currently without right to work will not be able to obtain it outside of Tier 2.
  • This could amount to indirect discrimination on the grounds of national origin – there is established case law on this. For example, a law firm was found to have discriminated against a trainee solicitor by rejecting her on the grounds that she did not have right to work yet.

Please see the HR Recruitment Guidance for further information.