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Has the Resident Labour Market Test been removed?

The Resident Labour Market Test (RLMT) was implemented by the Home Office to ensure that Settled workers had access to job openings before a company rolls out employment overseas, but has since been replaced by the new points-based system.

For more information on how Birmingham Immigration Lawyers can help, call our team today on  0121 667 6530.

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    Resident Labour Market Test abolished?

    For UK sponsor licence holders wishing to employ migrant workers to work for them in the UK under the Tier 2 visa category, the Resident Labour Market Test (RLMT) was a vital stage in the recruitment process.

    December 1st 2020 saw changes to the immigration system which resulted in the Skilled Worker visa route replacing the previous Tier 2 General visa. The changes brought about by the Home Office now mean that the Resident Labour Market Test no longer needs to be satisfied by UK businesses, but instead, the new Points-based system has been implemented to ensure that the role being advertised is a genuine vacancy.

    If you are a business looking to acquire a sponsor licence, or a skilled worker looking for entry clearance into the UK on a Skilled Worker visa, Birmingham Immigration Lawyers are here to help. Call 0121 667 6530 for contact with our friendly team of advisors today.

    Skilled worker visa

    What was the RLMT?

    The Home Office implemented the Resident Labour Market Test to ensure that a settled worker was being exposed to job opportunities before the vacancy was rolled out to migrant workers. A settled worker fits the following criteria:

    To Satisfy the Resident Labour Market Test requirements, employers were required to advertise a job position for a minimum of 28 days- with the job advertisements clearly detailing the specific job role, required skills and qualifications and the intended salary threshold. It was also paramount that the job advert was listed in at least two authorised job advertising locations, for example, a national newspaper or an online job board.

    What is the new points-based system?

    The new points-based system has been implemented to ensure that migrant workers are entering the UK for a genuine vacancy with no intentions of a ‘sham’ plan. The Skilled Worker route which has now replaced the previous Tier Two (General) visa route, requires a visa applicant to be awarded with 70 points across a selection of criteria.

    5o points can be awarded under the points-based immigration system for a skilled worker acquiring a valid job offer and having the ability to speak English to the desired level.

    Skilled Workers can pick up a further 20 points by meeting the minimum salary requirement of £25,600 per calendar year. This is the minimum rate applicable to skilled workers, the threshold can vary based upon the worker visa category being applied for.

    The only exception to the new points-based system is that Irish citizens are able to come to the UK to live and work as part of the common travel area.

    Do you need help applying for a Skilled Worker Visa? Our lawyers can assist you. Get in touch

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      Genuine vacancy requirement

      Employers must be able to prove to the Home Office that their intentions to employ migrant workers is true- they do this by proving the job they are advertising is a genuine vacancy.

      When being assessed by the Home Office, the decision-maker must not have grounds to believe that any of the following are true:

      • That the job advertised does not exist
      • That the job advertised is a ‘sham’
      • That the job advertised was created so the applicant could apply mainly for entry into the United Kingdom

      The Home Office will assess organisations based on these criteria and decide if the vacancy is deemed genuine.

      Applying for a Skilled Worker visa

      Those who fit the eligibility requirements to apply for a Skilled Worker visa can do so online via the government website. Applicants for Skilled Worker visas must be able to prove that they can speak English to the desired level and are in receipt of a valid job offer in the United Kingdom.

      The cost of applying for a Skilled Worker visa depends on your personal circumstances but the average application fees range between £625 to £1,423. Additional costs will be incurred by the employer through the Immigration Skills charge- which is payable for each certificate of sponsorship that is issued to skilled workers.

      An applicant can expect to hear back from the Home Office with a decision within three weeks if they apply outside of the UK, and eight weeks if applying from within the country under the Skilled Worker visa route.

      How can Birmingham Immigration Lawyers help?

      Getting to grips with the new points based immigration system can seem daunting, however, our trained immigration lawyers are experts in all aspects of the immigration system. We are here to assist you with your visa or work related query today. No matter is too big or small.

      For more information on how Birmingham Immigration Lawyers can help, call our friendly team of advisors on 0121 667 6530 for immediate assistance.

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      We can help you if you need help with your Skilled Worker Visa application. Call us now

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