Employer Question - Discrimination and Tier 2 Sponsorship

[StartupHR]

Hi all,

I recently started working for a small company who is not licensed to sponsor Tier 2 applicants. They don't plan to register as the roles they hire for are common and there are more people looking for them than there are open roles - they know there is little way they could pass the RLMT if they did. On top of that, the cost and time of applying for a sponsorship license is not something they can take on right now.

Are we able to say, in our job adverts, that we are unable to employ candidates requiring Tier 2 sponsorship? I've seen lots of discussion about this and general consensus is no, but then it goes on to say that you have to pass the RLMT, etc. What about in instances where we simply aren't registered to offer sponsorship? Most of our applicants are looking for sponsorship and I would prefer they know from the start they we are unable to help!

Thanks for your help.

[Lucapooka]

Of course you can say that you are not able to offer employment to those who require T2 sponsorship.

[Jeeves]

Anyone remember the Osborne Clarke case? http://www.legalweek.com/legal-week/new ... ion-ruling

Logically it should be OK to say you don't have a sponsor licence and therefore can't sponsor migrant workers but don't do anything daft like refuse to accept all applications from migrants.