To sponsor an individual outside of the UK under Tier 2 General of the points-based system for a skilled job that is not on the list of shortage occupations, you have to first complete a resident labour market test (RLMT).
Once the Resident Labour Market test is completed, it will demonstrate there is no suitable settled worker already in the UK who can carry out the job.
About the Resident Labour Market Rest
When applying for both restricted and unrestricted certificates of sponsorship (CoS) employers will need to demonstrate that they have carried out a RLMT unless the post is on the shortage occupation list or there is an exemption as outlined below.
Conducting a compliant RLMT is not as simple as it sounds, however, as employers must retain a myriad of documents and data surrounding the process and be ready to justify to the Home Office not only why the successful candidate was chosen, but also why unsuccessful candidates were not chosen.
Exemptions from the Resident Labour Market Rest
Existing employees and switching immigration categories
The current exemptions apply to individuals who already have permission to stay and work in the UK in any of these categories and are switching into tier 2:
- Tier 1 (post-study work)
- the International Graduates Scheme
- the Fresh Talent Working in Scotland Scheme
- the Science and Engineering Graduates Scheme
- Tier 4 as a student and they have received final results confirming that they have passed and will be (or have been) awarded a UK recognised bachelor’s or master’s degree, or have passed and will be (or have been) awarded a UK Postgraduate Certificate in Education, or have completed a minimum of 12 months study in the UK towards a UK PhD.
You also do not need to complete a Resident Market Labour Test if:
- the annual salary for the job is £159,600 or above (£155,300 or above if recruitment took place prior to 6 April 2017 and £153,500 if recruitment took place prior to 6 April 2015).
Doctors and dentists
Employers do not need to complete a Resident Market Labour for postgraduate doctors or dentists in further speciality training in the UK who need to apply for further permission to stay under Tier 2 (general) to allow them to complete their training after an out-of-programme experience.
If a postgraduate doctor or dentist in speciality training wants to carry out their out-of-programme experience in the UK, the organisation providing the programme must become their new sponsor. The current sponsor (usually the NHS trust) must notify UK visas and immigration that it no longer has sponsorship responsibilities. The new sponsor must assign a new CoS and carry out the RLMT.
When the out-of-programme experience is complete, the individual may need to return to their speciality training. The original sponsor must assign a new CoS, but will not need to complete a RLMT. It must confirm on the CoS that an exception to the RLMT applies.
Postgraduate doctors and dentists are given a national training number (NTN). The sponsor must produce this on request as evidence that the migrant was undertaking speciality training before their out-of-programme experience. PhD-level occupations are also exempt, Tier 2 (General) sponsors do not need to appoint a suitable settled worker when carrying out the RLMT for PhD-level occupations if a migrant applicant is better qualified for the post.
Current advertising vacancies process
The Resident Market Labour requires that vacancies are subject to a four-week advertising period (28 days). This four-week period does not have to be continuous. Employers have the following options available to them:
- you will be able to advertise skilled jobs under Tier 2 of the points-based system for an initial period of no less than seven days. If a suitable resident worker applies, you can appoint them straight away;
- if no suitable resident labour worker is available, you cannot appoint a migrant worker at this stage but must re-advertise for the remainder of the 28 days. If no suitable resident labour market worker is identified at this stage, employers can then consider appointing a Tier 2 migrant;
- another option is to advertise for the full four weeks and go through the normal recruitment and selection process.
Advertising requirements and criteria for identifying suitable media are set out in Appendix A of the Immigration Rules, relating to Tier 2 (General) migrants. In most instances, employers will meet the RLMT through the automatic transfer that exists so that vacancies advertised on the Universal Jobmatch (UJM) website.
Employers need to capture evidence to demonstrate to UK Visas and Immigration that an RLMT has been carried out. This evidence should be a screenshot from the UJM website and evidence of another form of advertising the job (generally on the NHS Jobs website). Employers should capture:
- a screenshot that shows the vacancy details and closing date on the UJM website; and
- a screenshot of the NHS jobs website advertisement with a closing date.
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