Employer not requesting CoS (job successful, RLMT exempt)

[p.dileep]

Hi Everyone

This question is for my brother, who is exempt from RLMT as he is a recent masters graduate. He was successful in a job interview at the university, however, they are not requesting a CoS for him.

He has explained that since it is exempt and he being a recent graduate, this comes under 'unrestricted' CoS, which comes with no annual limit etc. But the HR department is still unsure and not giving a clear answer.

My question is, if a job was offered and if the candidate is exempt from RLMT, does the employer have the obligation to request CoS?
Would it be discrimination if they don't?

Any guidance on this is highly appreciated!

Regards
Dileep

[Frontier Mole]

If a Sponsor does not issue a COS that is their choice, in essence because an individual requires authority for the right to work it is entirely up to the emplyer wither they wish to proceed with the job offer.
If they decide not to proceed there is no discrimination as until the employment begins the candidate has not got employment rights.
Not being offered a role because you require a visa does not constitute discrimination.
There are some other questions - is the role suitable for a COS?
If it is not an NQF6 roles paying the minimum requirement to meet the SOC they cannot issue a COS anyway.