UK based employers, holding a sponsor licence, wishing to fill a vacancy that is not listed as a shortage occupation are required to meet the resident labour market test and demonstrate that no suitably qualified settled worker can fill the job.
The position must be advertised in line with the code of practice specific to the type of sector or job. If there role or sector does not fit a specific code of practice as a general rule vacancies may be advertised using JobCentre plus.
The advertisement must run for at least two weeks for positions attracting a salary of £40,000 or less and for just one week if the salary is more than £40,000. 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, unless it is part of a rolling recruitment programme.
Sponsors must issue certificates of sponsorship within six months of placing the advert.
Sponsors may only reject resident workers if they do not have the qualifications, experience or skills specified in the job advert.
Sponsors do not have to meet the resident labour market test if the applicant already has permission to stay as a post-study worker under tier 1 and has been employed in the UK for at least the last six months in the same position with the same sponsor.
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
Recruitment agencies 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. Internet The approved internet sites are stated in the relevant code of practice for the sector or job. A sponsoring company may use their our own website if the organisation is a multi-national or global company, or a large organisation with over 250 permanent employees in the UK.
Head-hunters 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.
Sponsors must keep documents stated in the 'Keeping Documents' guide. Skill level 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.
* A full list of occupations recognised as S/NVQ level 3 or above - to be attached. In addition jobs that do not meet the level and jobs that are borderline.
Appropriate rates of pay All applicants must be paid the appropriate salary rate to make sure that they will not undercut the resident labour market. Sponsors will be able to assess the appropriate rate by accessing the list of occupations.
For full details of the documentary requirements and a breakdown of the whole application process specific to your case contact us by email: info@definitive-is.com or call one of our experienced UK Immigration Consultants on 0870 240 7825.
Alternatively forward an online enquiry.
