UK based employers, holding a sponsor licence, are required to meet the Resident Labour Market Test when sponsoring a migrant under Tier 2 (General) unless the vacancy is recognized as a shortage occupation or the migrant they wish to sponsor is already employed in the same job and currently has permission to stay in the UK under:
- the post-study worker category of Tier 1;
- the International Graduates Scheme;
- the Fresh Talent Working in Scotland Scheme; or
- the Science and Engineering Graduates Scheme.
The position must be advertised in line with the code of practice specific to the type of sector or job. All jobs advertised to settled workers must now be advertised:
- in Jobcentre Plus (with the exception of the positions listed below)
- using one other method permitted by the relevant code of practice
The requirement to advertise jobs in Jobcentre Plus was introduced on 31 March 2009. The only jobs that do not need to be advertised in Jobcentre Plus are:
- jobs for named researchers;
- jobs in the creative sector where the code of practice states that advertising is not required because the migrant will be making an additional contribution to the UK labour market - see the creative sector codes for more information;
- jobs in the role of director, chief executive or legal partner (with SOC codes of 2411 and 1112), where the salary package is at least £130,000 or where there will be stock exchange disclosure requirements;
- 'milkround' graduate recruitment exercises; and
- jobs for which you do not need to complete a resident labour market test (see above).
The recruitment campaign must be run for a total of 28 or more days (this may be made up of separate periods of up to seven days within the six month periods prior to assigning the Certificate of Sponsorship).
Requirements of the resident labour market test
It is vital the advertisement meets the requirements of the relevant code of practice. Advertisement should include the following information:
• job title;
• the main duties and responsibilities of the job in the job description;
• the location of the job;
• an indication of the salary package or range, and the terms on offer;
• skills, qualifications and experience needed;
• the closing date for applications.
Sponsors must issue certificates of sponsorship within six months of placing the first advertisement.
Sponsors may only reject resident workers if they do not have the qualifications, experience or skills specified in the job advert.
Approved methods for advertising jobs
National newspaper or professional journal
The job may be advertised using the employment section of a national newspaper or a professional journal. The Scotsman and The Herald are acceptable as suitable national newspapers for vacancies in Scotland and bordering counties of England. The Western Mail is acceptable for vacancies in Wales. The Belfast Telegraph is acceptable for vacancies in Northern Ireland.
Annual recruitment programme
Sponsors may use an annual milkround programme (usually as part of university career fairs) providing they have visited a minimum of three EEA universities
Agencies must be registered with the Recruitment and Employment Confederation and should advertise the job in a national newspaper or professional journal or via JobCentre Plus.
The approved internet sites are stated in the relevant code of practice for the sector or job.
A sponsoring company may use their own website if the organisation is a multi-national or global company, or a large organisation with over 250 permanent employees in the UK.
The head-hunter may recruit for the job either by advertising in Jobcentre plus, a national newspaper or professional journal, or by finding potential candidates through market research.
The job must be at S/NVQ level 3 or above for the skilled worker and intra-company transfer categories of Tier 2 to make sure it is a skilled job.
Click here if you would like Definitive Immigration Services assistance with the Resident Labour Market Test requirement.