(This article was updated on 23/07/2020)
Hiring people under the Points based System has one of the most challenging requirements and that is to conduct a Resident Labour Market Test.
While your organisation may already have passed a number of checks as a sponsor license holder, you will still need to ensure this satisfies the immense strict rules of the Resident Labour Market Test (RLMT) when hiring a non EU worker under the Tier 2 General route.
How can you avoid committing a mistake with regards to the RLMT and facing Home Office penalties for non-compliance with your sponsor licence duties?
What is the Resident Labour Market Test?
The Resident Labour Market Test (RLMT) is a protective measure taken to preserve the work force settled in the UK. The employers must exhaust their options from within the UK and EU and then consider recruitment of nationals from other countries. Further, the RLMT also requires the employer to confirm the post being filled is in fact genuine.
The purpose behind this test is that the government wants evidence that a particular job vacancy cannot be filled by a UK citizen or worker from within EU/EEA and an overseas worker will be the best suited for that role and evidence to be provided as to how you chose the migrant worker.
How to satisfy the Resident Labour Market Test
The employers in the UK must advertise the position they wish to fill in two places listed in the guidance issued by UK Visa and Immigration at the local Job Centre govt. portal and in addition any one of the appended sources:
- National newspaper – must be published at least once a week and marketed throughout the UK
- Professional Journal – published for a particular field and is available nationally
- Milkround – annual recruitment programme where employers from a range of sectors visit universities to give presentations and/or interview students
- Rolling recruitment campaigns – allows companies to select skilled individuals who might fill future, unfilled vacancies rather than specific roles
- Recruitment agencies and head-hunters
- Internet – websites are not restricted but they must not charge a subscription fee or any fee to be able to view or apply for the job. Companies can also advertise on their own websites if they are a multi-national organisation, or if they have over 250 employees in the UK.
The RLMT must be carried out for a total of 28 days.
In addition the Tier 2 Sponsor has to ensure that the position is at the ‘appropriate level’ and been paid an ‘appropriate salary’ that is suitable for the role. Thereafter all the evidence is submitted to the Home Office.