Personal Immigration

RESIDENT LABOUR MARKET TEST

RESIDENT LABOUR MARKET TEST

The Resident Labour Market Test (RLMT) is integral to the Tier 2 General recruitment process. It is designed to give settled workers priority in the job market. Unless the vacancy that you are seeking to fill is exempt from the RLMT, a foreign national worker can only be recruited once you have completed an appropriate RLMT and it has been found that there is no suitable settled worker to fill the vacancy.

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.

What else do I need to know about the Resident Labour Market Test?

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.

A suitable settled worker is someone who falls within the definition of ‘settled’ and meets the skills and experience specification of the job. Where more than one candidate meets the specification, and one is a migrant while the other is a settled worker, the settled worker must ordinarily be selected over the migrant worker. The only exception to this is where the job is a PhD level occupation.

A fair and objective process is vital to satisfying the RLMT. Therefore, it is important that you ensure that you carefully review all applicants who have applied.

Any employment contract must begin after the end of the advertisement period.

Rejecting an applicant for failing to meet criteria which are not advertised in the job specification will not satisfy the RLMT.

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 barristers can help

Our business immigration barristers 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 barristers can assist.

We pride ourselves on being approachable and proactive in understanding and meeting our business clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice directly to employers as part of a professional and friendly service.

We can also assist with

  • Drafting of job adverts that satisfy the RLMT

    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.

    Our barristers can advise on the information that must be included in your job advertisement, review existing job advertisements and draft new job advertisements that comply with the Resident Labour Market Test.

  • Advice on appropriate advertising methods

    For most jobs, advertising on Universal Jobmatch and another prominent online recruitment service will satisfy the Resident Labour Market Test provided that the job is advertised for at least 28 days within the 6 months immediately before you assign a Certificate of Sponsorship (CoS). There are special requirements for new graduate roles or internships, PhD-level occupations, jobs where the salary is at least £73,900, creative sector jobs and specialist professions such as barristers and orchestral musicians.

    Our business immigration barristers advise employers on how to advertise job vacancies in a way that complies with the Resident Labour Market Test.

  • Advice on record-keeping and document retention

    A fair and objective recruitment process is vital to satisfying the Resident Labour Market Test. 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.

    In addition to keeping records of advertisements, it is crucial that you retain certain documents in order to both meet your sponsorship duties and so that they can be made available to the Home Office at their request.

    Our immigration barristers can advise on the advertising records that must be kept throughout the recruitment process, as well as other information that must be recorded in order to ensure that your recruitment process complies with the Resident Labour Market Test.

WHAT CAN WE HELP YOU WITH?

To arrange an initial consultation meeting with one of our immigration barristers, contact our business immigration team on 0203 617 9173 or complete our enquiry form.

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