Case study – Can I reject an applicant due to their visa expiring?

We’ve got a candidate booked in for interview, but they’ve emailed us to let us know their visa is about to expire, what do we do? As a small charity, it’s not financially viable for us to sponsor a visa, but we want to do the right thing.

This was the exact question one of our retainer clients asked us recently. Here’s our advice in case you are in the same position.

Declining an applicant for an interview solely because their visa is due to expire could risk a discrimination claim, as they could argue that selection was based on their protected characteristic of race or nationality. Shortlisting should be based on how well they match the criteria outlined for the role as detailed in the job description and person specification.

Rejecting candidates because of their temporary visa status is going to significantly reduce your talent pool which you don’t want in a competitive labour market. Selecting candidates for interview should be based on merit alone as we mentioned above. You never know they might be a great employee and stay with you longer than those who can permanently work in the UK. We also recommend you don’t try to second guess their ability to obtain a further visa down the line.

Employers should remember they are required to conduct right to work checks before any new employees start employment and recheck those with a limited time to remain in the UK before the date their permission comes to an end.

Case Study

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