What is the Resident Market Labour Test?
The Resident Market Labour Test (RMLT) is for UK employers who hold a Tier 2 Sponsor Licence and wish to employ skilled workers from outside of the EEA.
This test requires UK employers to demonstrate to UKVI (UK Visas and Immigration) that they have attempted but have ultimately been unable to recruit a settled person – known as a ‘settled worker’ – within the UK for the role they wish to advertise.
The RLMT ensures that UK employers firstly advertise the job role to residential talent for at least 28 days using an approved method. This job advertisement must include a detailed description of the job role itself, along with information on the skills and qualifications required for the role. Salary details must also be provided.
There are exceptional circumstances which allow UK employers to skip the RLMT – the most common example being when the job role features on the Shortage Occupation List. In this case, employers are not required to participate in the RLMT, as the job role in question is recognised as a profession which has a UK skills shortage.
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When is a UK employer not required to undertake the Resident Labour Market Test?
There are some situations which allow a UK employer to recruit workers from outside of the EEA without having to take the Resident Labour Market Test first.
These exceptions include:
- When an employer is recruiting someone who has a degree (or is three months away from the completion date) and is switching within the country to a Tier 2 General Visa from one of the following;
– Tier 4 Student Visa
– Tier 1 (Graduate Entrepreneur) visa
– Tier 1 (Post Study Work) visa
– Tier 4 Doctorate Extension scheme visa
- When the job role features on the Shortage Occupation List – this does however exclude the employment of nurses; you will still be required to complete the Resident Labour Market Test in this case
- If the salary for the job role is at least £159,600 per annum
- If the employee is continuing to work for the same employer in the same job role as outlined on the Certificate of Sponsorship
What should I include in the Tier 2 Resident Labour Market Test?
As a sponsor participating in the RLMT, you should include the following in an advertisement for the relevant job role you wish to recruit for outside of the EEA:
- The job title – it is important to note that this must exactly match the title to be used in the individual’s employment contract
- The name of the company
- The job location
- A detailed description of the job role – this includes duties and responsibilities
- The required skills, experiences and qualifications for the role
- The salary
- The posting and closing date the job advertisement and clear proof that the job is advertised for 28 days
The advertisement must be published in two listed places as specified within the Immigration Rules, for example newspapers and websites such as JobCentre or the government’s Find a Job service.
Only after completing the RLMT will an employer be given a Certificate of Sponsorship which then allows them to sponsor workers under the Tier 2 General Visa.
What is the process of recruiting under the Resident Labour Market Test?
When recruiting under the Tier 2 RLMT, employers must remain fair and objective.
This means every application must be considered and those who meet the requirements outlined within the job advertisement must be offered an interview.
Subsequently, the successful candidate must demonstrably meet all requirements and is to be provided an employment contract to begin after the stated advertisement period has ended.
As part of the Resident Labour Market Test process, sponsors must prove to the Home Office why they have chosen to employ the successful candidate under the Tier 2 General Visa and therefore why they should be offered the role.
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Almost all Tier 2 General Visa job roles require a UK employer (known as the sponsor) to carry out the Resident Labour Market Test.
It applies to those who wish to employ from outside of the European Union.
However, professions which are deemed by the government to have a UK ‘skills shortage’ will be exempt from having to undergo the Resident Market Labour Test.
These job roles feature on the Shortage Occupation List.
However, crucially, you should always check before proceeding, as those who are employing non-EEA nurses, for example, may assume that they do not have to carry out the RLMT since nursing features on the SoL. This however isn’t the case.
It is also worth noting that, even in the event that the job role you are advertising for is exempt, it may still be worth carrying out the Tier 2 RLMT. That way, you can be sure that there are not any local settled workers who are suitable for the role before branching out to those outside of the EEA.
With decades of experience and a dedicated, hard-working team of OISC-accredited immigration lawyers, we can help with any immigration issue.
This includes those looking to recruit from outside of the European Economic Area under a Tier 2 General Visa.
If you need help with obtaining a Sponsor Licence; the Tier 2 General Visa application process; your eligibility to sponsor foreign workers; or the Resident Labour Market Test, contact us today on 0121 667 6530.