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The Resident Labour Market Test (RLMT) is often talks about in the context of Tier 2 applications. Here, our Waseem Nazir, provides some further detail and insight into this integral step in most Tier 2 General applications.

What are the main requirements for a compliant Resident Labour Market Test?

In order for your Resident Labour Market Test to be compliant, it is important to follow the Home Office guidance and rules. We provide you here with a summary of the main points:

A compliant RLMT should contain these basic elements:

  • An advertisement period of at least 28 days;
  • 2 advertisements for the role in question published to an approved recruitment platform (each advert needs to run for a total of 28 days and can either be posted at the same time or one after the other);
  • Detailed information on the skills and qualifications required for the role, along with information concerning the location, salary and job description.

Where to advertise the role?

You must advertise the role on at least two approved recruitment platforms and each advertisement must run for a minimum of 28 days. The adverts can be run simultaneously or one after the other.

Advertisements must be published on:

  • Universal JobMatch (or on Jobcentre Online for jobs based in Northern Ireland) and
  • One other platform such as a national newspaper or professional journal, or a professional recruitment website such as LinkedIn, Monster, Reed, Total Jobs, and
  • National newspaper (published at least once a week) or professional journal (published at least once a month)

The following details must be included in the adverts:

  • Job Title – This must exactly match the job title that will subsequently be used in the individual’s employment contract;
  • Salary – A salary range can be given but you must pay the migrant worker an amount from within that range;
  • Advertisement posting and closing dates – These must be clearly displayed and outline a minimum period of 28 days;
  • Company Name – Where a recruitment agency arranges your advertising and your company name is not displayed in the advert, both a copy of the contract and a recent invoice between you and the recruitment agency should be kept on file
  • Location of the job
  • Job Description – This must include main duties and responsibilities, along with any skills, qualifications and experience which are required for the role – be as accurate and detailed as possible to ensure that only suitable candidates will apply

Next steps:

It is important to make sure that you adhere to the following pointers throughout the 28-day advertising period:

1. You must take a screenshot of both advertisements on the first day of online listing;
2. You should use these screenshots to make a pdf copy of each advertisement to keep on file. The pdf should clearly show the date upon which the advertisement was first published on a particular website, the website URL and full advert details;
3. No amendments should be made to the advertisements throughout the time they are running;
4. Neither advertisement should be taken down before its stated closing date.

Considering the Applicants

When seeking to recruit an overseas foreign national worker in conjunction with an RLMT, remember that:

  • You have a duty to review all applicants for the role;
  • Any candidates who meet the skills and requirements listed in the job advertisement must be offered an interview;
  • You cannot refuse to employ an applicant on the basis that they have not met criteria which were not displayed in the job advert;
  • The successful candidate must meet the criteria displayed by the role advertisement and you must be able to prove this to a Home Office official;
  • The successful candidate must have an employment contract which begins after the stated advertisement period has ended.
How can Batley Law help you?

Our business immigration lawyers are regularly asked by businesses to advise and assist with Resident Labour Market Tests in compliance with the requirements of the Immigration Rules and Sponsor Guidance.

If you require help or guidance, our immigration lawyers can assist.

Waseem Nazir photo

By Waseem Nazir

Waseem Nazir is one of the specialist immigration lawyers at Batley Law. If you would like to speak to Waseem or any of our team, you can fill out our contact form and one of our team will be in touch.

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