How to Carry Out a Resident Labour Market Test

Man being picked from the bunch

If you have successfully acquired a UK Sponsor Licence and are looking to recruit workers from overseas in 2018, you need to understand that the Resident Labour Market Test (RLMT) is an imperative part of UK Sponsor Licence holder’s duties.  When recruiting talent from outside the EEA, ensuring that every RLMT is correctly undertaken is a crucial step in the hiring process.  Fortunately, by engaging one of London’s best immigration solicitors, you can ensure that you conduct a fully compliant RLMT.  In fact, an immigration solicitor can manage the entire process on your behalf, leaving you or your HR team free to concentrate on other parts of the business.

The RLMT procedure is relatively straightforward; however, HR directors and/or employers can risk making costly mistakes if the process is not run correctly.  And in the current political climate in which Theresa May’s government is dedicated to making it tougher to recruit from outside the UK, the Home Office is alive to any deviation by businesses from the RLMT rules.  Failure to conduct a correct RLMT can result in immigration officials refusing to grant a Certificate of Sponsorship.

Hiring in expert consultants can help you avoid the pitfalls associated with conducting an RLMT.  At OTS Solicitors, our experienced immigration lawyers can manage the entire process for you, ensuring you are compliant at every stage.

What is the purpose of the RLMT?

The purpose of the RLMT is simple.  It is designed to ensure there are no settled UK nationals (or EEA nationals living in the UK) who can do the job you are recruiting for. 

What are the essential elements of running a compliant RLMT?

The elements of an RLMT are relatively straightforward.  They are:

  • A job advertisement for the position must be run for a period of at least 28 days;
  • Two advertisements for the role in question should be published on an approved recruitment platform (each advert needs to run for a total of 28 days and can either be posted at the same time or one after the other); and
  • The advertisements must contain detailed information on the skills and qualifications required for the role, along with information concerning the location, salary, and a job description.

Where should advertisements for an RLMT be placed?

There must be two advertisements for the position placed.  Unless the annual salary for the position is £73,900 or more, one of these advertisements must be placed with Jobcentre Plus or Jobcentre Online (for jobs based in Northern Ireland).

The second advertisement must be placed on another platform. Options include:

  • Newspapers
  • Trade Journals
  • Professional recruitment websites, e.g. Indeed or LinkedIn

If the position pays £73,900 or more, two advertisements must be placed on the approved platforms.

Advertisements for graduate roles or internships need to be placed on, “at least one prominent graduate recruitment website, which does not charge a fee to job seekers to view the job advertisements or to apply for jobs via the advertisements.”

What actions do HR directors/employers need to take throughout the 28-day RLMT advertisement process?

While the advertisement is running, the person responsible for placing it should:

  • Capture a picture of the advert on the first day it runs and keep PDF copies of the photos
  • Ensure the ads are not changed during the 28-day process.  If you notice a mistake in the advertisement or need to change something in the job description or salary, it is safer to scrap the original advertisements and start again
  • Ensure the advertisements are in place for the full 28 days

What are the duties when considering applications?

There are several factors recruiters will need to ensure they comply with to conduct the RLMT correctly.  These include:

  • Consider all applications carefully
  • Offer candidates who have the skills and qualifications listed in the advertisement an interview

It is crucial that you can prove all elements of your recruitment decision-making process to the Home Office.  Therefore, accurate record-keeping is essential.  Not only must you show the candidate you have hired was suitable for the position, but you must also be able to demonstrate why the rejected candidates were not.

To ensure your record- keeping is compliant, make sure you retain on file:

  • The names and addresses of the shortlisted applicants
  • Copies of their CVs, application letters, and any email correspondence
  • Interview notes
  • If a settled worker was rejected, the reasons why
  • Evidence that the successful applicant met all the criteria listed in the advertisement, including copies of qualifications, work history, etc.

By instructing an experienced immigration lawyer in London to run your RLMT, you can be confident that all the necessary documents will be collated and kept.  If the Home Office officials wish to view records related to the RLMT, your solicitor will be able to swiftly present them in an orderly manner.

Are there situations where an RLMT does not need to be undertaken?

An RLMT does not need to be undertaken if the position:

  • Has a salary of £159,600 or above, or;
  • The position you are recruiting for appears on the UK Shortage Occupation List, or;
  • The migrant is already working for you, and they need to extend their leave by using the same visa category to continue working for you.

An immigration solicitor will quickly be able to confirm if you need to run an RLMT for the position you wish to fill with the best candidate.

The benefit of expert advice

Investing in expert advice can provide you with confidence that you have conducted the RLMT correctly.  At OTS Solicitors, we can guide you through the process of obtaining a UK Sponsor Licence and advise if you need to conduct an RLMT.  If you do, we will help you with the process, collate the required records, ensuring you are compliant at all times.

OTS Solicitors is one of the most respected immigration law firms in London and is a Legal 500 leading firm.  By making an appointment with one of our business immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today.  Contact us on 0203 959 9123 to speak to one of our immigration consultants.

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