The Resident Labour Market Test (RLMT) is often talked about in the context of Tier 2 applications. Here, Waseem Nazir provides 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?
For your Resident Labour Market Test to be compliant, it is important to follow the Home Office guidelines and rules. Below we have provided 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
- Additionally, other platforms such as a national newspaper or professional journal, or professional recruitment websites such as LinkedIn, Monster, Reed, Total Jobs, and Fish4.co.uk.
- 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 be subsequently 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:
- 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 of when the advertisement was first published on a particular website alongside 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 must 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 the criteria which was 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?
Looking for expert guidance in navigating the Resident Labour Market Test UK and ensuring compliance with Immigration Rules and Sponsor Guidance? Our highly skilled business immigration lawyers are here to provide the assistance you need. Don’t hesitate to reach out for support and expert advice.
FAQs
Who needs to conduct the Resident Labour Market Test?
The Resident Labour Market Test UK must be conducted by any employer who was unable to find and recruit a settled worker, British Citizen, or EEA (European Economic Area) national and therefore wants to hire a non-EEA national.
What documentation is needed for the RLMT?
All documents for each step of the recruitment process must be recorded for the Resident Labour Market test UK. This includes evidence of the job advertisement (including details of the job description, requirements and demographic details) from a national newspaper, a professional journal, or a PDF copy consisting of screenshots of each job ad posted online. You should have a Certificate of Sponsorship to support your application.
What happens if an employer fails to comply with the RLMT?
Non-compliance with immigration rules may result in licence suspension, downgrading, or revocation. Additionally, civil penalties may be imposed for employing illegal workers.
Are there any exemptions to the RLMT?
Yes, there are exemptions to the RLMT which often apply to in-demand professions like doctors, nurses, and scientists or those in academia. Some exemptions are even available for individuals earning £159,600 or above. If you’re unsure about whether your job qualifies for an exemption, feel free to reach out to Batley Law for assistance!
