Resident labour market test – Tier 2 (General)

The resident labour market test is to protect the settled workforce and means that you must advertise the job you want to recruit for, to give settled workers a chance to apply. You can only recruit a migrant if:

1. a) you have completed a resident labour market test in accordance with the Guide and can show that no suitable settled worker is available to fill the job, or
2. b) the job is exempt from the resident labour market test.

Advertising method

Unless an exemption applies, all jobs must be advertised to settled workers for 28 calendar days.

You must place two advertisements:

First advertisement:

1. If the job is based in England, Wales or Scotland, it must be advertised online through the Jobcentre Plus Universal Jobmatch service. Information on how to do this is on the GOV.UK website.
   1. Important note – If you have a vacancy in Northern Ireland, you must advertise through Jobcentre Online. If you choose to advertise using Universal Jobmatch as well, you must still advertise using one other method allowed by the Guide.

Second advertisement:

1. a) National newspaper à A national newspaper is one published at least once a week and marketed throughout the UK.
2. b) Professional journal à A professional journal is one published for a particular field and is available nationally, either through retail outlets or subscription. The journal must be published at least once a month.
3. c) Milkround à A ‘milkround’ is an annual recruitment programme where employers from a range of sectors visit universities to give presentations and/or interview students, usually as part of university careers fairs. If you use a milkround to recruit new graduates or interns, you must visit a minimum of three UK universities, or all UK universities which provide the relevant course.

The milkround or graduate recruitment programme must be advertised through two methods permitted by the Guide, one of which must be one of the following graduate recruitment websites:

• jobs.ac.uk
• milkround.com/
• prospects.ac.uk/
• targetjobs.co.uk/

1. d) Internet

You can advertise the job online, but it must be on one of the following websites:

• The relevant government website hosting jobs advertised through the Jobcentre Plus Universal Jobmatch service, or Jobcentre online in Northern Ireland;
• An online version of a national newspaper that would meet the requirements;
• An online version of a professional journal that would meet the requirements;
• The website of a prominent or professional recruitment organisation; or
• If you are a multi-national/global operation, or have over 250 employees in the UK, you can advertise the job on your own website.

If you advertise the job online, the website must not charge a subscription or any fee to look at job advertisements or to apply for jobs via these advertisements.

In all of the above cases, you must keep evidence to prove that no suitable settled workers were available to fill the vacancy.

Content of advertisement

• 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;
• skills, qualifications and experience needed; and
• the closing date for applications, unless it is part of a rolling recruitment programme (if it is a rolling recruitment programme, the advertisement should show the period of the recruitment programme).

You cannot refuse to employ a settled worker on the ground that they lack any qualifications, experience or skills that were not asked for in the job advertisement.