Work Permits Tier 2 -[RESIDENT LABOUR MARKET TEST]
The Resident Labour Market Test
The purpose of the Resident Labour Market Test is to show that no suitably qualified settled worker can be found to fill a particular job vacancy under the terms of Tier 2. An employer can then seek applicants from outside the EEA and Switzerland.
The Resident Labour Market Test does not apply if the job is:
on the Shortage Occupation List.
is an Intra Company Transfer.
if the migrant is Switching * from certain other schemes which have been replaced by Tier 2, namely:
the post-study worker category;
the International Graduates Scheme;
the Fresh Talent Working in Scotland Scheme;
the Science and Engineering Graduates Scheme.
* In this case the Licensed Sponsor must have employed the migrant in the UK for a continuous period of at least 6 months up to the time of the switch and in the same job as recorded on the Certificate of Sponsorship. The Sponsor must supply a letter to the Migrant (for submission with their Tier 2 application) showing the following:
their name; and
the date of the letter; and
your name and logo; and
confirmation that the migrant has been working for you for at least six months before they apply.
Fulfilling the requirements of the Resident Labour Market test
The job must be advertised in the UK so as to make settled workers aware of the vacancy
The job must be advertised in accordance with the code of practice specific to the sector and job
If there is no code of practice for the sector or job at the time of advertising, the job must be advertised using Jobcentre plus
If the salary for the job is £40,000 or under then it must be advertised for a minimum period of two weeks
If the salary for the job is over £40,000 then it must be advertised for a minimum period of one week
The job must be advertised at an appropriate market rate of pay (see the relevant codes of practice)
The period of advertising starts from the date the advertisement first appears
The advert must include:
the job title
the job description including the main duties and responsibilities
the location of the job
an indication of the salary package or range, and the terms on offer
the skills, qualifications and experience needed
the closing date for applications, unless it is part of the organisation's rolling recruitment programme
If, after following the above procedure, no suitable applicant can be found then the job may be offered to a suitably qualified national of a country outside the European Economic Area and Switzerland, provided that the employer has obtained a Sponsorship License. A Certificate of Sponsorship must be issued within six months of placing the advert. This is to make sure that the results of the advertising reflect the current availability of the skills needed. The only exception is where an organisation recruits a migrant using a milkround, when a Certificate of Sponsorship must be assigned within 12 months of the milkround.
The Certificate of Sponsorship should specify the annual equivalent salary for the job if the migrant will be working in the United Kingdom for less than 12 months. For example, earnings of £10,000 on a six month contract would mean an annual salary of £20,000.
Methods of advertising a job vacancy
The methods that can be used to advertise a job are set out in the relevant codes of practice.The following is a list of methods that might be used:
1. National newspaper or professional journal
2. Annual recruitment programme
3. Recruitment Agency
4. Internet
5. Head-hunter
Documents related to the Resident Labour Market test must be kept for each recruitment method used.
1. National newspaper or professional journal
The job may be advertised using the employment section appropriate to the job, of a national newspaper or a professional journal. A national newspaper is one that is available throughout the United Kingdom from the majority of newsagents. A professional journal is one that is published for a particular field and is available nationally either at a majority of newsagents or through subscription.
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.
2. Annual recruitment programme
An annual recruitment programme, known as a 'milkround' may be used; employers from a wide range of sectors visit universities to give presentations and interview students, usually as part of university career fairs.
A minimum of three European Economic Area universities must be included in the recruitment programme.
3. Recruitment agencies
If the code of practice says so, an agency may be used to help with recruitment.
The agency may recruit for the post either by advertising in Jobcentre Plus or as set out in the relevant code of practice.
4. Internet
The Internet may be used to advertise a job.
An appropriate Internet site will be specified in the relevant code of practice for the sector or job.
An organisation's own website may be used but only if the organisation is a multi-national or global company, or a large organisation with over 250 permanent employees in the United Kingdom.
5. 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.
