If a UK employer has a Tier 2 Sponsorship License and wants to recruit a skilled worker from outside the European Economic Area on a Tier 2 general visa, they must have completed a Resident Labour Market Test, unless the job is an exempt.
The employer needs to ensure that they show to the UK Visas and Immigration, that no ‘settled worker’ is available for the role they wish to fill with a Tier 2 visa worker. For doing this, the employer will usually need to advertise the job on a government as well as a private website.
The employer will have to carefully review each detail for every applicant and then decide whether the applicant is suitable or the post or not. Records need to be kept by the employer in order to show why he had rejected applicants for the position. Details for all the applicants also need to be available with the employer in case the Home Offices decides to check the records of the employer.
To complete a satisfactory Resident Labour Market Test the employer must:
- Advertise in the UK, at least in two places which are suitable for that particular industry.
- The following things need to be included in the advert:
- The title of the job
- Main duties and responsibilities of the job
- The location for the job
- Salary package offered
- Necessary skills and qualifications needed for the job
- Experience required
- The closing date for the application
- Advertisement should be done for a length of 28 days
After conducting the Resident Labour Market Test, if a settled worker applies for the job in question, and has all the correct qualifications, skills and experience needs, the employer cannot employ a migrant over them, even if the migrant is more qualified than the settled worker.
Our UK Immigration experts at The SmartMove2UK [a division of SmartMove Immigration] work with Tier 2 sponsor companies to carry out resident labour market test to enable them to recruit employees on Tier 2 General visas. If you are a Tier 2 Sponsor and would like to carry out resident labour market test, To ensure that your application has the best chance of success and to avoid additional delays or costs you can contact us on +91 98191 27002 or fill in the form below so that our team members can get in touch with you at the earliest.
Receive regular updates about your UK Visa News, Guidelines, New UK Visa Law and more.