Resident Labour Market Test: All You Need To Know

If you are a licensed sponsor, and you are intending to hire a prospective migrant to work in the UK, under the Tier 2 (General) visa category, you will be required to satisfy the Resident Labour Market Test (“RLMT”). 

Resident Labour Market Test (RLMT)

The RLMT was designed by the Home Office to ensure that settled workers in the UK have the opportunity to apply for positions before said positions are offered to migrants. 

A settled worker is defined as: 

1. A UK National: or 
2. An EEA National currently exercising EU Treaty Rights in the UK (this category is changing as of 1 January 2021, please see below); or 
3. A British Overseas Territories Citizen; or 
4. A Commonwealth Citizen allowed to enter or remain in the UK under any ancestry rules (on the basis that a Grandparent was born in the UK); or 
5. Someone who has Indefinite Leave to Remain. 

RLMT Advertising Requirement

In order to satisfy the RLMT, employers must advertise the position for a minimum period of 28 days. The advertisement must have full details on the position, including the job title, the job description, an indication of salary, skills and qualifications required, location(s) of employment, and closing date for applications. 

The role must also be advertised in at least two places as listed in the Sponsor Guidance issued by UK Visas and Immigration. These include, but are not limited to, national newspapers, the internet, and recruitment agencies. It is important to note that the Home Office will accept two different advertisements using the same form of media, for example, advertising the job on two different websites.

Exemptions to the RLMT

There are circumstances in which sponsors will not be required to satisfy the RLMT. These include: 

1. If the migrant continues to work in the same occupation, with the same employer;
2. If the role is listed on the Shortage Occupation List; 
3. If the migrant will be a higher earner, earning £159,600.00 or more; 
4. If the applicant is applying to switch into the Tier 2 (General) category, and their last grant of leave was under one of the following categories:
   1. Tier 1 (Graduate Entrepreneur) Migrant;
   2. Tier 1 (Post-Study Work) Migrant; 
   3. Tier 4 Migrant

The Future of the RLMT after the Brexit Transition Period

On 1 January 2021, the Home Office intends to introduce a new Points Based System. The new Points Based System abolishes the requirement for Sponsors to carry out a RLMT. Sponsors will still need to confirm that they can ensure the role is genuine, meets the relevant skills threshold, and meets the salary requirement. 

There will be a new route replacing the existing Tier 2 (General) migrant route. The new route will be called the Skilled Worker route.  Further details of the Skilled Workers route will be published on our Knowledge Centre shortly.

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