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:
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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