Tier 2 Sponsor employers:

How and when to conduct the Resident Labour Market Test

UK companies may rely on migrant workers to fill gaps in the job market, but many are unaware of the stringent procedure that must be followed prior to sponsorship. Migrant workers may begin work following issuance of:

  1. Certificate of Sponsorship
  2. Tier 2 (General) or (Intra-Company Transfer) visa application

During the tier 2 sponsor application process, the employer must have followed and met the requirements of the Resident Labour Market Test. The Resident Labour Market Test covers all aspects of the recruitment stage, including job advertisement.

The Test

The Job Advert

The job must be advertised for a minimum of 28 calendar days. The job advert should include:

  • Job Title
  • Wage
  • Main Duties/Responsibilities
  • Skills/Qualifications
  • Closing Date

Publicised Adverts

  1. There must be 2 adverts placed for the role. The job must be advertised on Jobcentre Plus Universal Job site/Jobcentre Online. The other advert is to be placed in one of the following:
  • National Newspaper
  • Professional Journal
  • ‘Milkround’ – usually part of university careers fares, you must visit at least three universities.
  • Rolling Recruitment Campaigns
  • Internet – The Home Office do not state a particular website that can be used to advertise, however the website must be a professional recruitment organisation, an online national newspaper or professional journal. The website must not require a subscription or charge a fee to view the advert or apply for the job.
  • If you are a multi-national or global company with over 250 employees, you may advertise the job on your own website.

Exemptions

The employer may not need to carry out the Resident Labour Market Test if one of the below exception applies:

  • The job is in the Tier 2 Shortage Occupation List
  • The salary offered starts from £155,300

Next Steps

If the employer has complied with all the above and can justify that no settled worker can fill the position, the employer has successfully completed the Resident Labour Market Test. It is important to note that the test is but one of several requirements set by the Home Office prior to sponsoring a migrant worker. Once the above test and other aspects of the Sponsorship and Visa applications are completed correctly, this will allow for diversity and growth in business.

QC Immigration assists businesses from start-ups to multinational firms in sponsoring foreign employees and preventing illegal working. We can guide you towards becoming an A-rated Sponsor to secure your long-term recruitment plans. Whether you are a prospective employee or employer, contact us with your requirements and we will be happy to provide more information on the tier 2 sponsor visa.

 

Prepared by Lesley Alexander, Associate at QC Immigration

By | 2017-11-20T17:49:02+00:00 November 20th, 2017|Categories: Immigration UK Lawyer Blog|0 Comments

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