Employers who cannot find qualified settled workers and who are seeking to recuit migrants from outside the UK or EU to do a skilled job which is not on the shortage occupation list must complete a resident labour market test. Vacancies advertised on or after 14 December 2009 must meet the following requirements:
· Must be advertised to settled workers for a minimum period of 18 days;
· Either in a continuous period or in two stages (i.e advertised for 14 calender days and then if no suitable candidate found, then advertised for another 14 days)
When employer’s apply for a certificate of sponsorship, they must confirm that they have either completed the resident labour market test or that it does not apply to the job.
Exemptions-when does the test not apply to the job?
Employers do not need to complete the resident labout market test if the job is:
· On the shortage occupation list
· The migrant you are applying for is already employed by you and is in the UK in one of the following categories:
Ø The Tier 1 –post study worker
Ø The International Graduate Scheme
Ø The Fresh Talent Working in Scotland Scheme
Ø The Science and Engineering Graduates Scheme
The exemption applies only where the employer has employed the migrant for a continuous period of six months in the same job, immediately before they apply to switch into the Tier 2 category.
Please note that there are provisions for migrants under the post study worker category who have qualified as doctors or dentists in the UK and who have a current leave of post graduate doctor or dentist to remain in the UK under the Tier 2 category in order to complete their training.
A resident labour market test does not need to be carried out under the Tier 2 intra-company transfer category.
Completing the resident labour market test
Employers must advertise the following:
· The job title
· The job description
· The location of job
· The salary package or range of terms and conditions offered
· The skills, qualifications and experience required for the position
· The closing date for applications
Advertising at Jobcentre Plus
As of 31st March 2009, a requirement was introduced to advertise positions in Jobcentre Plus. All jobs must be advertised here and any other method as permitted by the code of practice for that position (if any). Certain jobs do not need to be advertised at the Jobcentre Plus such as:
· Jobs in the creative sector
· Jobs for named researchers
· Jobs for directors/chief executives/legal partners where salary is over £130.000
· ‘Milkround’ graduate recruitment exercises
· Jobs exempted from the resident labour market
Assigning the certificate of sponsorship
Employers must assign the certificate of sponsorship no more than 6 months after the advertisement was given (or within 6 months of the first stage of advertising if done in two stages). There are two exceptions to the six month rule as follows:
· Where the migrant is recruited after a milkround, certificate can be assigned up to 48 months after the milkround took place
· Where the migrant is employed as a research fellow at a higher education institute the certificate can be assigned up to 12 months after the recruitment process started.
Methods of advertising
These include but are not limited to the following:
Ø Jobcentre Plus
Ø Recruitment agencies
Ø National newspapers
Ø Professional journals
Ø Internet