Business Immigration

Tier 2 Sponsorship Licence Application

Businesses that hold a sponsorship licence can only recruit a migrant worker if they have completed a resident labour market test in accordance with the Home Office rules. They have to show that either there is no suitable settled worker available to fill the job position or the job is exempt from the resident market test.

The resident labour market test is there to protect the settled workforce and means that business must advertise the job they want to recruit for to give settled workers a chance to apply. It is been reported that over 90 per cent of companies did not advertise job vacancies correctly when filing a position with a migrant worker.

So, how do you carry out the resident labour market test correctly?

First, all jobs must be advertised to settled workers for at least 28 calendar days. Businesses can ran the advertisement for a single continuous period of 28 days or they can advertise in two stages, for example first stage will be for 14 days and then a second stage for a further 14 days, making 28 calendar days in total.

Second, the business must place two advertisements, one is usually online with the Jobcentre Plus Universal Jobmatch and the other one in a national newspaper or a professional journal. Businesses can also advertise the job through a ‘milkround’, rolling recruitment campaigns or recruitment agencies. It is very common for businesses to advertise the job online and, if the business is a multi-national company, they can advertise on their own website.

Third, the job advertisement must be in English language, unless based in Wales, and it must include certain details, such as the job title, job description, location of the job, the salary, skills, qualifications and experience needed and the closing date for application.

When deciding the salary range to put in advertisement, you should consider if you are willing to offer a higher salary to a more experienced worker. This is important because the purpose of the resident labour market test is to make sure job opportunities are made available to the settled workforce. The salary rate must be a true reflection of what you are prepared to pay and the rate you pay must be in line with the rate that was advertised.

And last, once the business has carried out the residence labour market test, you must keep the documents that clearly show how the advertisement has been performed. Where the vacancy was advertised in a national newspaper or professional journal, the business must keep a copy of the job advertisement as it appeared in the given medium.
The copy must clearly show the title and date of the publication and the closing date for applications. Where the vacancy was advertised on line, including the business own website, the company must keep a screen shot from the website hosting the advertisement.

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