Resident Labour Market Test for UK immigration applications– Are you compliant? - | Hudson McKenzie

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Resident Labour Market Test for UK immigration applications– Are you compliant?

April 7, 2016 | Immigration, Latest Thinking, News

Advertising a job, seems straightforward, doesn’t it? However, when it comes to employing a non-EU national under the Tier 2 (General) arrangements, is when it all becomes complicated.

We come across many employers who contact us to assist with Tier 2 (General) applications and they confirm they have conducted the Resident Labour Market Test and are all set to proceed, however when we review the adverts, they do not meet the guidelines set out by UK Visas and Immigration (UKVI).

When does the Resident Labour Market Test need to be completed?

All UK based employers who wish to employ non-EU nationals (who are overseas or currently in the UK on a valid visa which enables them to switch to a Tier 2 General visa) must carry out a Resident Labour Market Test.

How to conduct a Resident Labour Market Test?

All employers need to post at least two adverts, one of which must be mandatorily advertised using the Universal Job Match service (previously known as Job Centre Plus), the only exceptions to advertising on Universal Job Match are as follows: –

  • Salary on offer is £72,500 per annum or higher;
  • Jobs in the creative sector providing the Standard Occupation Classification indicates it is not necessary;
  • Pupillage positions for Trainee Barristers;
  • Jobs which fall within the PhD level SOC code;
  • Jobs where there will be stock exchange disclosure requirements; and
  • Jobs in the NHS where the vacancy is advertised on the NHS Jobs website between 19 November 2012 and 06 April 2015.

Where can you post Adverts?

UKVI accept adverts using the follow media: –

  • Online – companies may use their own websites providing they are a multinational/global organization or if they employ at least 250 staff in the UK or other websites which are applicable to their industry and do not charge the applicants a subscription fee to view or apply for the role.
  • National Newspapers – must be published at least once a week and marketed throughout the UK.
  • Professional Journals – Must be relevant to your business and available nationally.
  • Milk rounds – it is applicable for annual recruitment fairs at Universities etc.
  • Rolling recruitment campaigns – programmes allow companies to pick out skilled individuals who might fill future, undefined vacancies rather than specific ones.
  • Recruitment agencies and head hunters – can place the adverts as long as it meets the requirements of the RLMT.

What information the adverts need to include?

UKVI state in Appendix D and Tier 2 and 5 Guidance what they require at length; failure to comply can become an issue and/or a possible reason for rejection.  Employers should take note that the UKVI can request to see copies of the adverts placed at any point when the application is made or even after i.e. if and when the company is audited.

We have had many employers ask us what information they require on the adverts. In a nutshell, most of the information that must be included is generic e.g.  job title, job description and salary, however there are certain items like the date the advert was posted and closing date for applications which must show in the advert. As a guide here is what they would like to see on the adverts: –

  • Job title – this must match the offer letter and contract;
  • Job description – what they will be doing;
  • Skills, qualification and experience required – this helps them understand why the role could not be filled with a resident worker;
  • Location – where will this role be based;
  • Salary – this can be the exact salary, a salary bracket as long as it is realistic or some companies do not want to advertise this at all, in which case they may enter “Competitive Salary”. Employers must note that if they choose to use the terms competitive it matches the current rate specific to that industry;
  • Date posted – what date did the advert go live, we recommend entering this in the main body of the advert;
  • Closing date – this must be 28 calendar days from the date it was posted and in the main body of the advert, so that applicants know when to apply by.

Recruiters must also take screenshots of the full advert from the view that the user is able to see and not the administrator settings on the date the advert was posted and the date that is closed, which clearly shows the URL and logo of the website it has been posted on, these two items will also be checked by UKVI.

We advise our clients to email us the links for the adverts and we usually take the screenshots for them to ensure they are complying with the guidelines and that they have the correct documents should they be audited.

Exemptions to the Resident Labour Market Test

Every job does not need to be advertised. The Home Office have certain exemptions, some of those are as follows:

  • High-earners – the salary is £155,300 or more;
  • Extensions – you continue to employ someone and they will continue to do the same job in the UK or the job falls under the same Standard Occupation Classification;
  • Switching – if the person is switching from a Tier 4 or a Tier 1 (Post-Study) worker visa and they meet the switching requirements;
  • Shortage Occupation – the job falls under the Shortage Standard Occupation Classification.

We have covered the main points and information which businesses in the UK may find useful as above, should you have any questions then feel free to contact our UK Immigration Lawyers on 020 3318 5794 or email at londoninfo@hudsonmckenzie.com and we will be more than happy to answer your questions.

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