Resident Labour Market Test
Where the vacancy is one that cannot be filled by the UK resident labour force, the sponsor may recruit a non-EEA national, subject to the migrant being able to meet the points requirements and the role on offer being NQF Level 6 (in limited circumstances the role on offer can be less than NQF Level 6 if the non-EEA national already holds leave to remain in the UK as a work permit holder or Tier 2 migrant). In order to show that the vacancy cannot be filled from the resident labour market, the sponsor must advertise the role in accordance with the code of practice relevant to the occupation. The sponsor must ensure the following:
- The job must be skilled at NQF Level 6 or above
- The job must be paid at the appropriate rate
- The resident labour market test must be carried out
There are general criteria for identifying suitable media for where an advert should be placed. This was designed to give employers more freedom to advertise in the media they think are most likely to be successful for their sector. A role must be advertised in two places.
If the salary on offer is less than a certain amount (£72,500 from 6 April 2015), adverts must run for a minimum of 28 days in Jobcentre Plus (now known as “Universal Job Match”) and by one other method. If the salary on offer is at or above that level, the employer does not need to advertise in Universal Job Match but does still need to advertise in two places.
The advert must include the following details:
- Job title; duties and responsibilities of the job; location; indication of the salary package or range and any terms of the offer; skills, qualifications and experience needed; and closing date for the application.
Employers should ensure that they take a copy of the advert on the first day it is posted and again on the closing date. Sponsors must retain certain documents for inspection confirming they have undertaken the resident labour market test. The CoS must be issued within six months of the advert first being placed (although there is a limited exception for milk rounds).
