The Resident Labour Market Test (RLMT) A quick guide

Note: This document provides an overview only. Please refer to the Tier 2 & 5 Sponsor Guidance for full details. 1) Which jobs does the RLMT apply to? The RLMT applies to all jobs in Tier 2 general except: Shortage occupations; Jobs filled by a migrant who is switching from a Post-Study Work category; Doctors applying to continue a Speciality Training programme; Named researchers; Creative sector jobs where the migrant will be making an additional contribution, as defined in the relevant code of practice; Extensions (doing the same job for the same sponsor). 2) Where do we have to advertise? For all jobs where there is a requirement to advertise in Jobcentre Plus: Jobcentre Plus (or in Northern Ireland, JobCentre Online); and At least one other method listed for that occupation in the relevant code of practice on the UK Border Agency website or, for large organisations (multinationals or those with over 250 permanent UK employees) your own website. For jobs where a milkround has taken place: A milkround in at least three UK universities; and An advertisement placed on at least one of the following graduate recruitment websites: www.jobs.ac.uk, www.milkround.com, www.prospects.ac.uk; and At least one other method listed in the relevant code of practice or, for large organisations, your own website. For directors, chief executives or legal partners (jobs in SOC codes 1112 and 2411), where the salary package for the job is 130,000 or above or where there will be stock exchange disclosure requirements: At least one method listed in the relevant code of practice or, for large organisations, your own website. Other methods listed in the codes of practice may include: - National newspapers; - Professional journals; - Recruitment websites; - Head-hunters. 3) What should the advertisement contain? Advertisements should contain: The job title; The main duties and responsibilities of the job (job description); The location of the job;

An indication of the salary package or salary range or terms on offer; The closing date (unless it is part of a rolling recruitment campaign).

4) When do we carry out the RLMT? The start date of the advertisement must be no more than six months before a Certificate of Sponsorship is issued, to ensure the current availability of suitable resident workers has been tested. The only exceptions are: Milkrounds (where advertising must take place within the 48 months before a Certificate of Sponsorship is issued); Research fellows (where advertising must take place within the 12 months before a Certificate of Sponsorship is issued). 5) How long do we advertise for? For advertisements placed before 14 December, a minimum of two weeks (or one week if the salary is over 40,000) For advertisements placed on or after 14 December, a minimum of four weeks, regardless of salary This can take place in two stages (e.g. two weeks plus two weeks), so that if a resident candidate is identified in the first stage, they can be appointed quickly. A Tier 2 migrant cannot be sponsored unless no suitable resident workers apply over the full four weeks. 6) When can we recruit a migrant worker? Employers cannot recruit a migrant worker purely because they are the best candidate. Where the RLMT applies, they can only sponsor a migrant worker under Tier 2 if no suitable resident workers apply. They cannot reject a resident worker only because they lack qualifications, experience or skills (including language skills) that were not specifically requested in the job advertisement. 7) What evidence do we need to keep? A copy of the advertisement (screenshots if web advertising was used); Jobcentre Plus reference number (stated on the Certificate of Sponsorship; Contracts with any head-hunters or recruitment agencies used; Letter of confirmation from each university if a milkround took place; Evidence of any exemptions from Jobcentre Plus advertising or the RLMT as a whole (e.g. six months payslips); All applications short-listed for final interview; Notes from final interviews and reasons why each EEA national was rejected.

Please see Appendix D of the Sponsor Guidance for full details of the evidence employers must keep.