Resident Labour Market Test
The Resident Labour Market Test is a key element of the Tier 2 General recruitment process
Awards and Accreditations
A key feature of the Tier 2 General recruitment process is the Resident Labour Market Test. The Resident Labour Market Test is designed to protect the British workforce and ensure that employers make a genuine and good-faith effort to hire settled workers first. A settled worker includes British citizens, EEA nationals and those with indefinite leave to remain or permanent residence. It can also include some other types of British nationality and certain Commonwealth citizens.
What are the main requirements for a compliant Resident Labour Market Test?
In order for your Resident Labour Market Test to be compliant, the position that you are recruiting for must be advertised for at least 28 calendar days within the 6 months immediately before you assign a Certificate of Sponsorship (CoS).
You will need to post advertisements for the role on at least two approved recruitment platforms.
Your job advertisement must include certain details such as the qualifications and skills required, a job description, salary and location, as well as a closing date for applications, unless recruitment is on a rolling basis.
At the end of the advertising period, you will need to be able to show, with reference to appropriate records, that no suitable settled worker was available to fill the job (unless the job is a PhD level occupation).
The Certificate of Sponsorship must include details of when and where the job was advertised, including advertisement reference numbers where applicable. In the event of a Home Office request, you must be able to produce documentary records to prove that the successful candidate met all the criteria specified in the job advert.
How our immigration lawyers can help
Our business immigration lawyers regularly assist employers to complete Resident Labour Market Tests in compliance with the requirements of the Immigration Rules and Sponsor Guidance.
Whether you require assistance with ensuring that your job advert satisfies the RLMT, advice on the records that you should keep during the recruitment process or advice on the documents that you should retain in order to demonstrate compliance with your sponsorship duties, our immigration lawyers can assist.
Call us on 0208 099 7560, complete the online contact form or email us at [email protected] to learn more about how we can help your business remain in compliance with UK immigration law.