The Resident Labour Market Test is one of the most challenging requirements of hiring under the Points Based System. The Resident Labour Market Test requires the employer to show to UK Home Office that no ‘settled worker’ is available for the role they wish to fill with a Tier 2 visa worker. To do this an employer has to advertise the job in Find a Job a Government owned website and in a private job site. The objective is to prove that an appropriate candidate cannot be found within the UK labour market.
A settled worker as stated above is one of the following:
- A UK national
- An EEA national who is exercising their ‘treaty right’ to free movement (to work in the UK)
- A citizen of a UK Overseas Territory, except citizens of Sovereign Base Areas in Cyprus
The important points to be mentioned while creating an RMLT advertisement are:
- Advertisement must be live for 28 days. The advertisements posting and closing date must be stated
- 2 advertisements must be published on a government platform and a private platform (each for 28 days)
- The Job title and qualification requirements under said job title must be clearly stated. This job title will be used in the individual’s employment contract as and when an individual receives the job offer.
- Name of the recruiter/company must be mentioned in an advertisement.
- The location of the company must be clearly stated on the advertisements for the applicants to apply accordingly.
- The job description of the job being advertised must include the duties, responsibilities, desired skills, qualifications and experience which are required to fulfill the role. This description must be accurate and detailed in order to ensure that only suitable and eligible candidates apply.
However, on recruiting an overseas worker in conjunction with an RMLT, a sponsor must ensure to review all applicants for the role advertised. The sponsor must further offer an interview to all candidates meeting the skills and requirements listed in the advertisement. Refusal for not meeting requirements that were not listed on the advertisement cannot be a ground for refusal for any applicant. Further, on accepting a candidate as an employee, the sponsor must prove to the Home Office how the said candidate meets the requirements stated in the advertisement. As a good practice, after everything sated above is done, the employee must be provided a contract after the stated advertisement period ends.
These are just the fundamental requirements for an advertisement for a job role for RMLT. This entire process is necessary and the sponsor must be able to justify their decision making to the Home Office.
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