Know Resident Labour Market Test & its importance in getting tier 2 sponsorship

What is RLMT

An employer who is a registered sponsor under Tier 2 of the points based system must advertise a job for which they would like to recruit a suitable candidate, in the method prescribed by the Home Office. An employer can only sponsor a non-EEA migrant for employment under Tier 2 if a RLMT test has been conducted and there is not a suitable settled worker, British citizen or EEA national that can fill the post. The purpose of the RLMT is to ensure that settled workers are given an equal chance to apply for jobs as non-EEA migrants. If there is no suitable settled worker and a non-EEA is identified as a suitable candidate then the selection of the non-EEA migrant over a settled person must be justified by the sponsor.

 exceptions

There are some exceptions to the RLMT, which means that the post does not need to be advertised before the Certificate of Sponsorship (‘CoS’) is assigned:

(i) Extensions – if the migrant is already working for the same employer and they need to extend their leave to remain to continue working for the same employer in order to do the same job then a RLMT does not need to be carried out by the employer

(ii) Shortage occupations – these are positions published in a list by the Home Office where there are not enough settled workers available to fill jobs in particular sectors. An employer does not have to conduct a RLMT before assigning a CoS for a position on the list, provided the migrant is working a minimum of 30 hours per week.

(iii) Post Study workers – an employer does not have to conduct a RLMT if a migrant that they wish to sponsor has leave in the UK and has, or was, last granted leave to enter or to stay in the UK under one of the following:

1. a) Tier 1 (Post Study work)
2. b) Tier 1 (Graduate Entrepreneur)
3. c) International Graduates Scheme
4. d) The Science and Engineering Graduates scheme
5. e) or where they have or were last granted permission to stay in the UK as aTier 4 migrantor a student and during their last grant of leave or a continuous period of leave that includes their last grant of leave they have passed and been awarded a UK recognised Bachelors or Masters Degree or have passed and been awarded a UK Postgraduate Certificate in Education or a Professional Graduate Diploma of Education or have finished a minimum of 12 months study towards a UK PhD.

(iv) High Earners – a RLMT does not need to be conducted where the total salary package for the job will be £153,500 or above.

(v) Academic leave – a RLMT does not need to be conducted if the employer is a higher education institution and were previously sponsoring a migrant who is returning to resume their post following a period of academic leave.

(vi) Supernumerary research positions – where the migrant has been issued a scientific research Award or Fellowship; and

(vii) Postgraduate doctor and dentists in speciality training

How to carry out the Resident Labour Market Test

All jobs must be advertised to settled workers for 28 calendar days, unless an exemption applies. The job can be advertised for a single continuous period of 28 days with a minimum closing date of 28 calendar days from the date the advertisement first appeared or in two stages of 14 calendar days.

Two adverts must be placed and in most cases one of those will be an online advertisement. The advertisement must include:

• The job title;
• The job description (main duties and responsibilities of the job);
• The location of the job;
• Salary package;
• Skills, qualifications and experience needed; and
• The closing date for applications.

A job cannot be refused to a settled worker if they lack qualification or experience which is not stated in the advert and an employer must pay the rate that was advertised.

 What are the advertising methods?

Unless an exemption applies, all jobs must be advertised using two of the methods stated in the guidance. In most cases this will be mandatory advertising through Jobcentre plus one other method.

Jobcentre Plus – advertised directly by employers. The closing date must be included in the job description else it will not be visible to applicants. The standard period for advertising is 60 days but you can set earlier closing dates.

National newspaper – a national newspaper is one published at least once a week and marketed throughout the UK.

Professional Journal – a professional journal is one published for a particular field and is available nationally either through retail outlets or subscription. The journal must be published at least once a month and be relevant to the job for example a relevant trade journal, the official journal of a professional occupational body or a relevant subject-specific publication.

Milk round – to recruit new graduates or interns an employer must visit a minimum of three UK universities. These must be advertised through two methods, one of which must be one of the following graduate recruitment websites: Jobs.ac.uk; milkround.com; prospects.ac.uk; or targetjobs.co.uk.

Rolling Recruitment campaigns – where companies pick out skilled individuals who might fill future undefined vacancies rather than specific ones

Recruitment agency and Head-hunters – an agency or a head hunter can recruit for the post on behalf of an employer.

Internet – the job can be advertised on an online version of a national newspaper, professional journal, or the website of a prominent or professional recruitment organisation. If advertised online, the website must not charge a fee or a subscription to look at jobs or to apply for jobs via these advertisements.

What happens after the RLMT is conducted

Once the RLMT has been conducted, the employer can assign the CoS, giving full details of the adverts including, the dates the job was first advertised, and where the job was advertised, giving all relevant reference numbers. All CoS must be assigned within six months of the date the vacancy was first advertised.

The RLMT forms part of the points required for attributes for an application for leave to remain under Tier 2 of the points based system. In this section, an applicant will need to possess a CoS for which they will be awarded 50 points. Of these 50 points, 30 points are made up of the employer satisfying the RLMT and 20 points are made up of the sponsor paying the required salary rate.

An employer must comply with their sponsor duties and keep the a record of the documents listed in Appendix D of the sponsor guidance

Failure to conduct the RLMT correctly can result in an applicant’s leave to remain application being refused. It can also have financial implications on employers as if the RLMT is not conducted correctly; it will have to be carried out again.

Employers are urged to seek specialist immigration advice to ensure they comply with RLMT applications.