How do I meet the Resident Labour Market Test?
You may want to recruit a migrant from outside the settled workforce for a skilled job that is not on the list of shortage occupations. You can only do this if you complete a resident labour market test and can show that no suitably qualified settled worker can fill the job.
All vacancies must be advertised to settled workers for 28 calendar days. You can choose to do this in 1 of 2 ways:
- advertise the vacancy for a single continuous period, with a minimum closing date of 28 calendar days from the date the advertisement first appeared; or
- advertise the vacancy in two stages, where each stage lasts no less than 7 calendar days and both stages added together total a minimum of 28 calendar days. For example, you can initially advertise the vacancy for 14 calendar days. If a suitable settled worker is identified, you can appoint them straight away. However, if no suitable settled worker is identified, you cannot appoint a migrant worker who applies at this stage - you must advertise the vacancy for a further 14 days, making 28 calendar days in total. If no suitable settled workers are identified during either the first or second stage, the resident labour market test has been completed and you can appoint a Tier 2 migrant.
The period of advertising starts from the date the advertisement first appears.
When the University (as sponsor) issue a certificate of sponsorship on the sponsorship management system under Tier 2 (General), we must confirm that:
- we have completed a resident labour market test as set out in the relevant code of practice and cannot fill the post with a settled worker; or
- the test is not required for the job (ie Named Researcher).
University Advertising Policy
By default, the University advertises all graduate level and above job vacancies on both Jobs.ac.uk and Jobcentre Plus for a minimum of 28 calendar days. This ensures that (in the event that we cannot fill the post with a settled worker) we meet the Resident Labour Market test as set out in the relevant Code of Practice. The most frequently used Codes of Practice at the University are as follows:
- SOC Code 2119 (Natural and social science professionals not elsewhere classified)
- SOC Code 2311 (Higher education teaching professionals
If you think that you may need a Certificate of Sponsorship for any other type of post, please discuss your requirements as soon as possible (preferably before you start the advertising process).