The resident labor market test is an important aspect of the UK Tier 2 Visa. This test exists to protect the settled workforce and as an employer, you are required to advertise the job you want to recruit for to give settled workers a chance to apply. An employer can only recruit a migrant if either:
- You completed a Resident Labor Market Test and can show that no suitable settled worker is available to fill the job
- The job is exempt from the resident labor market test
Of course, you will need to be registered with the Home Office on Tier 2 Sponsor Register.
A suitable settled worker means any settled worker who has the skills and experience you are seeking. If you find that you have more than one candidate with all the necessary skills and experience you advertised for, where one has settled worker and the other is migrant, you must appoint the settled worker even if the migrant is more skilled or experienced. The only exception is if the job falls within one of the Ph.D. level standard occupation classification (SOC) codes.
How to carry out the resident labor market test – Tier 2 Visa General?
Unless an exemption applies, all jobs must be advertised to settled workers for 28 calendar days.You can advertise jobs in 2 ways:
- Advertise the vacancy for a single continuous period, with a minimum closing date of 28 calendar days from the date the advertisement first appeared
- Advertise the vacancy in 2 stages, with each stage being advertised for no fewer than 7 calendar days but where both stages total a minimum of 28 calendar days – below is an example of the same
- Example: You could at first advertise the vacancy for 14 calendar days and appoint any suitable settled worker who applies. If no suitable settled worker applies, you cannot appoint a migrant worker at this stage as you must advertise the vacancy for a further 14 calendar days, making 28 calendar days in total. If no suitable settled worker applies during either the first or second stage, then the resident labor market test has been passed out and you can appoint a Tier 2 Visa migrant
- The vacancy must be advertised for at least 28 calendar days within the 6 months before you assign the CoS to a migrant
- When carrying out the Resident Labor Market Test, your job advertisement must be in English, unless based in Wales where it may be in English or Welsh, it must include all the following points:
- The job title
- Job description (Duties and Responsibilities of the job)
- Location of the job
- Skills, Qualification, and Experience needed
- Salary range or salary package (including allowances)
- The closing date for application, unless it is part of a rolling recruitment programme – if it is a rolling recruitment programme, the advertisement should show the period of the recruitment programme
Resident Labor Market Test: Advertising Methods
The following describes the different methods of advertising:
- Unless an exemption applies, all job must be advertised by using 2 methods
- You can choose from different sections available:
- Jobcentre Plus
- National Newspaper
- Professional Journal
- Internet, etc
Resident Labor Market Test Exemptions
The Resident Labor Market Test is exempted only if the job offer is:
- in a supernumerary research position where you have been issued a non-transferable scientific research Award or Fellowship by either:
- by a third party organization; or
- by your sponsor
- to continue working as a Doctor or Dentist, under the same NHS Training Number
- as a Doctor in Specialty Training
- to continue working as a member of an existing research team
- connected with the inward investment provisions
Given the Resident Labor Market Test, it might seem like hiring a Tier 2 Visa Migrant is quite an extensive process. Do not be bogged down, however, as help is available. For any and all help with the Tier 2 Visa including Tier 2 Sponsor and the Tier 2 Visa extension, contact The SmartMove2UK.
Our associates are qualified and experienced attorneys who specialize in UK immigration law. Thus, they will be able to guide you through every step of the Visa process with minimal hassles. Call us at +91 98191 27002 or email us at email@example.com for a consultation appointment. For more information visit smartmove2uk.com
If you have any comment or want to know anything about the UK Tier 2 Visa Resident Labor Market Test (RLMT) then you can call our immigration expert in India – Mumbai, Delhi, Chandigarh, Bangalore or you can also connect with us on
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