Westkin’s Head of Business Immigration, Hateem Ali, explains the Resident Labour Market Test
If an employer wants to recruit a migrant from outside the settled workforce for a skilled job (not on the list of shortage occupations), it will not require a Resident Labour Market test to be conducted. The test is supposed to show there is no suitable settled worker who can do the job in question.
If a you are in the following categories then the employer does not need to undertake a resident labour market test in all other cases a resident labour market test will have to be conducted.:
– The jobin question appears on the shortage occupation list, or
– currently on a Tier 1 (Post-Study Work) visa,or
– currently on a Tier 4 (General)Student and have completed your course,or
– Already on Tier 2 or work permit and applyingto extend your leave with the same employer doing the same job, or
– You will be earning over 150,000 GBP, or
How do I show that I have carried out a Resident Labour Market Test and what documents do I need to keep to prove this?
1. Advertise the vacancy for a single continuous period, with a minimum closing date of 28 calendar days; or advertise the vacancy in two stages, where each stage lasts no less than 7 calendar days and both stages added together total a minimum of 28 calendar days. For example, you can initially advertise the vacancy for 14 calendar days. If a suitable settled worker is identified, you can appoint them straight away. However, if no suitable settled worker is identified, you cannot appoint a migrant worker who applies at this stage – you must advertise the vacancy for a further 14 days, making 28 calendar days in total. If no suitable settled workers are identified during either the first or second stage, the resident labour market test has been completed and you can appoint a Tier 2 migrant.
2. All jobs advertised to settled workers must be advertised in Jobcentre Plus; and using one other method permitted by the relevant code of practice (unless there is no code of practice for the job).
3. The advert must contain certain information as minimum such as the Job Title, Duties, location, salary, skills/qualifications/experience required, closing date for applications
4. You must keep documents related to the Resident Labour Market test, as stated in Appendix D of the full policy guidance, for each recruitment method you use as there are many different requirements depending on how you advertised the job.
What happens next after the advertising campaign ends and the best candidate for the job is Migrant?
If you want to sponsor a migrant to do a job that you have advertised under the Resident Labour Market test, you must issue a certificate of sponsorship within 6 months starting from the date that you first advertised the job. Then the migrant worker must submit his own personal Tier 2 application and include his certificate number in this application.
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