Resident Labour Market Test (RLMT)

If you are planning to sponsor a Non EEA worker on a Tier 2 General Visa the chances are that you will first have to complete a Resident Labour Market Test in order to prove that you cannot find any settled workers.

• There are a few exemptions to this requirement including;
• Employing individuals who work in roles detailed on the Shortage Occupation List
• Transitioning those existing employees on Tier 1 Post Study Work Visas to Tier 2 General (please note that the individual must have been employed for 6+ months)
• In the case of Post Graduate Doctors or Dentists
• Where the role pays £150,000+ (this figure may be reduced following the MAC consultation published on 28th Feb 2012; the UKBA response should be published before 5 April 2012)

If these exemptions do not apply you will need to advertise the role in suitable locations for at least 28 days and show why you have chosen not to employ any settled workers who apply.

Are you considering sponsoring a worker on a Tier 2 General Visa? Would you like to discuss the situation with an OISC registered Immigration advisor? If so call Commonwealth Contractors now on  0330 390 9021 or Submit your Details and we will get right back to you!

Advertising the Role

To complete a Resident Labour Market Test you must advertise the role for at least 28 days in two suitable locations, one of which being the JobCentre Plus. The primary advertising location MUST be recognised by the UKBA as being a suitable location. See the relevant SOC code to check advertising locations for the role.

The adverts must include details of:

• The job title (check this versus the relevant SOC code before posting)
• The main duties and responsibilities of the job (job description)
• The location of the job (postcode normally required)
• The salary package or range (this must be at or above the level detailed on the relevant SOC code)
• The skills, qualifications and experience required
• The closing date for applications (must be at least 28 days)

All roles must also be advertised on the Jobcentre Plus website and you MUST record the Vacancy Reference Number as you will need this when assigning the Certificate of Sponsorship.

Testing the Resident Labour Market

In order to complete the Resident Labour Market Test you must conduct assessments & interviews and show reasons why you have chosen not to employ each resident applicant who applied further to the advertising campaign. You will need to:

• Keep all CVs, Emails, Application Forms etc from resident applicants in the format they were received
• Show the names and total number of applications short listed for final interview
• Keep notes from final interviews conducted for each EEA national who was rejected, showing reasons why they have not been employed

Full details must be kept in a secure location as the UK Border Agency will want to check all details at an audit.

Find out More

To find out more about our solutions call now on 0330 390 9021 or Submit your Details and we will get right back to you!