Business Immigration

UK visa sponsorship for employers: – Resident Labour Market Test

The important issue on how to carry out the Resident Labour Market Test and what records the company should keep was discussed in many cases.It is important to remember that for each recruitment method, where the business has carried out the Resident Labour Market Test, it must keep the documents listed in Appendix D. If the business fails to advertise a job vacancy in line with the requirements set out in the Guidance, SSHD will take action against the business.

When the business assigns a CoS it must give full details of the Resident Labour Market Test carried out, including the dates the job was advertised, where the job was advertised and any relevant reference numbers including the Universal Jobmatch, Job ID number as detailed in the SMS Guidance.

Where the vacancy was advertised on the internet, including where it is advertised on your own website (where this is permitted) you must keep a screenshot from the website hosting the advertisements, on the day that they can see it is first advertised, which clearly shows the name of the website, the contents of the advert, the date and the URL and the closing date for applications.

If the website clearly shows that the date of the vacancy was first advertised, a screenshot can be taken at any point during the period the vacancy is advertised.

Where the advertisement is not on your own website and does not show your name, a copy of the letter or invoice from the website will be required, to prove that an advertisement was placed.

Where the vacancy has been advertised online through Jobcentre Plus or Jobcentre Online, you must keep a screenshot from the relevant Government website which clearly shows all of the following: the logo of the relevant Government website posting the job advertisement, the contents of the advert, the vacancy reference number (for Universal Jobmatch vacancies this is the ‘Job ID number’ and for Jobcentre Online this is the ‘Job reference number’), the date, the URL (for Universal Jobmatch vacancies this also contains the Job ID number) and the closing date for applications.

SSHD makes the point that a screenshot is important to show that a job was in fact advertised on the internet and the date of the screenshot of the advertisement are part of what the SSHD requires a Sponsor to keep. SSHD requires at least two advertisements, one of them must be on the Jobcentre Plus/Universal Jobmatch system.

Assignment of CoS afterResident Labour Market Test

The importance of the CoS being assigned within 6 months of the date the vacancy was first advertised has been widely considered. Where the vacancy has been advertised in two stages, the CoS must be assigned within six months from the date the first of the two advertisements appeared.

The six month time period has been in place since 2008 when the scheme began. The Secretary of State considers it is a reasonable period of time from the date of first advertising the vacant position. It allows for a proper Resident Labour Market Test to take place but also provides a fundamental incentive to fill vacant positions promptly, particularly given the fluctuating nature of the employment market: recalling, of course, that the core theory behind tier 2 is to fill specific positions that cannot be met from the settled workforce.

This core purpose of an Resident Labour Market Test would be defeated if the job could be advertised for one month and the vacancy was in fact accepted many months or even a year or two later, when the advert would not be an indicator as to whether there was a current worker in the settled workforce who could do the job.

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