What Is The Resident Labour Market Test?

If so, as a licensed sponsor, intending to hire a prospective migrant in the UK within the Tier 2 (General) visa category, you are currently required to advertise the role before even considering the prospective migrant for the position. This is known as The Resident Labour Market Test (“RLMT”).

Why do sponsors need to satisfy the RLMT?

The RLMT was designed by the Home Office to ensure that settled workers in the UK had the opportunity to apply for employment positions before those positions were offered to a migrant. 

Who is a settled worker in the UK?

A settled worker is defined as: 

• A UK national; or
• An EEA national currently exercising EU Treaty Rights in the UK (this category is to change as of 1 January 2021, please see below); or
• A British Overseas Territories Citizen (please seek further guidance on this status); or
• A Commonwealth citizen allowed to enter or remain in the UK under UK ancestry rules (on the basis that a grandparent was born in the UK); or
• Someone who has Indefinite Leave to Remain.

Satisfying the RLMT

In order to satisfy the RLMT, employers must advertise the position for a minimum period of 28 days. The advertisement must have full details of the position including:

• Job Title;
• Job Description;
• An indication of the salary or a range;
• Skills and qualifications required for the position;
• Location(s) of Employment; and
• Closing date of application.

The adverts must also be placed in two places listed in the Sponsor guidance issued by UK Visas and Immigration. These include, but are not limited to, national newspapers, recruitment agencies, and the internet. 

Are there any exemptions to the RLMT?

If the migrant meets any of the criteria below, the sponsor will not be required to satisfy the RLMT:

• If the migrant continues to work in the same occupation with the same employer;
• If the role falls within the Shortage Occupations;
• If the migrant will be earning £159,600 or more;
• If the applicant is applying to switch into the Tier 2 (General) category and they have, or were last granted leave to enter, or leave to remain in the UK, under one of the following categories:

• Tier 1 (Graduate Entrepreneur) migrant;
• Tier 1 (Post-Study Work) migrant;
• Tier 4 migrant.

Post-Brexit developments:

As of 1 January 2021, the Home Office intends to introduce a new Points Based System. As part of the new Points Based System, there will no longer be a requirement for sponsors to carry out an RLMT. Sponsors must however ensure that they are able to confirm that the intended role is genuine, meets the relevant skill threshold and also meets the salary requirement. We currently await further guidance on the new rules the Home Office is planning to introduce. 

Gherson is fully equipped to advise on all aspects of Tier 2 applications and procedures. Should you require any assistance in this regard, please do not hesitate to contact us, send us an e-mail, or alternatively, follow us on Twitter to stay up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2020