What is the Resident Labour Market Test?
If you’re a UK employer wishing to sponsor a Tier 2 Visa, the job vacancy you have available must first pass the Resident Labour Market Test (RLMT). Tier 2 Visa applicants must be certain that the role they are applying for has passed this test in order for them to relocate to the UK.
The Resident Labour Market Test was put in place by the Home Office to ensure that the vacancy you have available cannot be filled by the domestic (UK or EEA) workforce. To pass the RLMT, you must advertise your available role for at least 28 days and through at least two approved channels.
Certain work visa applicants are exempt from the RLMT. For example, those who are intending to switch from a Tier 4 to a Tier 2 Visa and those who are applying for roles on the Shortage Occupation List (SOL). This list displays all of the roles that are experiencing a UK ‘skills shortage’, meaning that vacancies can only be filled if overseas nationals are recruited.
How do I carry out a Resident Labour Market Test?
In order to meet the requirements of the RLMT, the role you are hiring for must be advertised for a minimum of 28 days in at least two different places.
The simplest way to achieve this is to advertise the job online. You will be required to upload the job vacancy and specification to the government’s Find a Job database, whilst the other advert can be placed on any suitable website of your choosing. It is advised that you place your second advert on a website that is used by the industry or sector that you work in.
It is important to note that only websites that do not charge applicants to view the listing or apply for the role can be used.
Your job advertisement must include all of the necessary information pertaining to the role, for example the skills and qualifications that are needed in order to apply. You must also provide accurate salary details and a comprehensive description of what the job involves.
What should the job advertisement consist of?
When you create your job advertisement, you must ensure that it contains the following information:
- The job title;
- The salary on offer;
- The skills and qualifications that are required;
- The job’s main duties and responsibilities;
- The closing date for applications.
The closing date for applications must reflect the length of time your advertisement is visible for. It is advised that time is factored in either side of the advert to deal with any potential issues, for example difficulty uploading the advert to your chosen site.
It is important that you retain any evidence that demonstrates that the RLMT has been carried out. You may be required to present this to the United Kingdom Visas and Immigration (UKVI) when applying for a Certificate of Sponsorship (CoS).
Which applicants are subject to the RLMT?
A Resident Labour Market Test must be carried out by an UK employer wishing to sponsor an overseas national under one of the following categories:
- Tier 2 (General);
- Tier 2 (Minister of Religion) or Tier 5 (Religious Workers);
- Tier 5 (Creative and Sporting).
You will only be able to recruit an overseas national via any of these routes once you can demonstrate that the test has been carried out.
Who is exempt from the RLMT?
It is important to note that the guidance for sponsored employers sets out certain types of applicants that are exempt from the test.
- Those extending their time with their current employer;
- Those applying for roles on the Shortage Occupation List (SOL);
- Those applying for post-study work;
- High earners- those who will be paid £159,600 per year or more.
For more information, get in contact today with our London Immigration Lawyers on 020 4502 8582.
What is the Shortage Occupation List (SOL)?
If a role is experiencing an acute shortage of appropriate workers, it will be placed on the Shortage Occupation List.
Roles that feature on the list cannot be filled by the domestic workforce and therefore require applicants from overseas.
To make it easier for these skills shortages to be filled, all SOL roles are exempt from the Resident Labour Market Test.
This makes it easier for sponsored employers to recruit the talent they need.
Switching from Tier 4 to Tier 2
If you were granted UK leave to remain as a Tier 4 Student Visa holder and have successfully completed your studies, you can apply to switch onto a Tier 2 Skilled Worker Visa.
Those who switch from a Tier 4 to a Tier 2 Visa are exempt from the RLMT.
When you apply to switch, you should submit one of the following:
- Academic transcript;
- Degree certificate;
- Academic reference printed on your educational establishment’s official paper.
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In order to carry out the Resident Labour Market Test correctly, you must ensure that your job advertisement contains all of the necessary information. The advertisement’s central purpose should be to identify the most appropriate candidate for the role.
The following information must be included:
- The company/organisation’s name;
- The job location;
- The exact job title;
- The qualifications and skills that are needed;
- A comprehensive job description;
- Salary information;
- The advertisement posting and closing dates- must show it was visible for at least 28 days.
We understand how important it is for businesses to have access to the workforce they need. For this reason, we do everything we can to help sponsored employers navigate the points-based immigration system, ensuring that they continue to fulfil the requirements that are set out in the sponsor guidance.
Our London immigration lawyers are well-versed in the RLMT and all other procedures relating to the Tier 2 Sponsorship process. If you opt for our services, we will:
- Ensure that you apply for the correct Certificate of Sponsorship (CoS);
- Help you to navigate the Online Management System;
- Assess your prospective employee’s work visa application to ensure that all requirements are met;
- Ensure that the role has either passed the RLMT or features on the SOL;
- Ensure that you are fulfilling your obligations as a recognised UK sponsor.