The purpose of the resident labour market test is to ensure that settled workers in the UK can first apply for any vacancy. You can only recruit a migrant if:
- the RLMT has been completed appropriately and you are able to demonstrate that no suitable settled worker is available to fill the job; or
- the job is exempt from the resident labour market test.
There are a number of exemptions as to when the RLMT need not be carried out. This includes where the migrant is already in the UK and is applying to switch. Only certain categories of leave will qualify for this exemption – please ask for more details if you think you fall into this exemption. High earners, with a salary package of more than £159,600 are exempted, as are Supernumerary research positions, postgraduate doctors and dentists in speciality training, high value inward investment posts and finally Higher Education institutions employing an academic after leave.
Advertise the job for 28 days. Either:
- for a single continuous period, with a closing date at least 28 days from the date the advert went live; OR
- In 2 stages – with each stage being advertised for no less than 7 days, and the total of both stages is at least 28 days.
NOTE: the vacancy must have been advertised in one of these ways within the 6 months before the certificate of sponsorship is assigned.
2 of the following must be used:
- Jobcentre plus – this may be mandatory – if the job is based in England, Wales or Scotland
- Permitted media
- National newspaper
- Professional journal
- Milkround – visiting a minimum of 3 UK universities
- Internet – must be either the relevant government site, online version of a national paper or professional journal or website of a professional recruitment organisation (so long as no application fee is charged)
- A multi-national/global operation if more than 250 employees.
The Resident Labour Market Test - RLMT
The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.