UK Tier 2 Work Permits and the Residence Labour Market Test

The Residence Labour Market Test (RLMT) is a key element within the UK Tier 2 application. However, if the position is under the Shortage Occupation List, there will be no requirement for an RLMT to be completed. Occupations experiencing shortages of labour are listed on the UK Shortage Occupation List. If an occupation is included on this list, the employer is NOT required to advertise the position to obtain a permit for the applicant.

Other Exclusions from RLM

You will also not be required to show that you have met the RLMT if the guaranteed salary package for the position amounts to an annual income of £155,300 or more.

What does the RLM entail?

The RLMT is effectively the process by which your employer satisfies the UK government that a migrant worker is the only suitable candidate for the job. This is done by undertaking a period of advertising which meets the UK Home Office precise requirements to demonstrate that they have not been able to find an employee from the settled UK population (which includes EEA nationals).

An advertisement needs to be drafted and placed by the UK Employer. ICS assist employers with ensuring that the drafted advert will meet the requirements of the RLMT, advising on the placement of the advertisement, and assisting with the procedures and due diligence that surround the test. Your employer, for example, will have to make sure to record the placed adverts in a manner which meets UK Home Office guidelines, interview the correct candidates and keep accurate records of the recruitment process.

The RLMT takes at least 28 days to complete. It is usually necessary to complete the RLMT before a Sponsor Licence application can be submitted, as the Home Office requires evidence to be provided as to why an employer needs a Sponsor Licence when this application is lodged, which includes being able to demonstrate that the company has a genuine need to employ a migrant worker.

Once the company has a Sponsor’s Licence in place and have met the RLM test, they will need to apply to the UK Home Office for a Certificate of Sponsorship (CoS) to be assigned to the applicant. The processing times for having a CoS assigned can vary between a few days and around a month, depending on your circumstances when you apply.

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