If you are a UK employer and you want to sponsor a Tier 2 Visa, the job role you want them to fill must pass something called the Resident Labour Market Test (RLMT). Those entering the UK on a Tier 2 Visa must also be sure that the job offered to them has passed the Resident Labour Market Test.
The RLMT is a test, designed by the Home Office, to ensure that the role you want to fill cannot be filled by residential (UK or EEA) talent. In the RLMT, the job role is advertised to residential talent for at least 28 days in total using an approved method. Detailed information on the skills and qualifications required for the role must also be provided. You must also provide salary details and a full job description. The only exception to this rule applies when the job you are offering the migrant worker is on the UK Shortage Occupation List, or if the employee is switching from a Tier 4 Student Visa. This list displays any professions which are subject to a UK ‘skills shortage’, meaning that they are already acknowledged to require talent from overseas. If the position you are advertising is on this list you will not need to pass the RLMT.
Our immigration lawyers can ensure that you are fulfilling your Sponsor duties and meeting the requirements of the Resident Labour Market Test. We can assess whether the type of role you are advertising to non-EEA nationals applies under a category on the Shortage Occupation List. We can also oversee your advertisement of the role to ensure that it complies with RLMT standards. When acquiring your Sponsor Licence and Certificate of Sponsorship, we can also guide you through your entire application process.
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The advertisement can be run concurrently or one after the other as long as the role is advertised on two approved recruitment platforms and runs for a minimum of 28 days.
The advertisement for the roles can be published on a Universal JobMatch or on Jobcentre Online. Another platform for advertisement can be in a national newspaper or professional journal or in any other professional recruitment websites such as Reed and Monster.
The information in the advertisement should be designed to identify the most suitable candidate for the role and the details must be clean as well as specific. The details you must include are:
- the job title – which must exactly match the title that will be subsequently be used in the individual’s employment contract;
- the company’s name;
- the location of the job;
- the job description – the main responsibilities and duties of the role should be included;
- the skills, experiences, and qualification needed for the job;
- the salary for the job;
- the advertisement posting and closing dates should be displayed and there must be a clear evidence that the job is advertised for 28 days.
You must be objective and fair in the recruitment process to identify the best-suited individual for the role. All applications for the role should be reviewed and if any candidate meets the requirements listed in the job advertisement, they must be offered an interview.
Applicants cannot be refused on the basis of not meeting any criteria which were not displayed in the job advert.
The successful candidate must be able to meet all the requirements and given an employment contract which begins after the stated advertisement period has ended.
You as the sponsor must be able to justify your decision to the Home Office as to why the candidate is successful and should be offered the role.