RESIDENT LABOUR MARKET TEST PECULIARITIES

Sponsoring Tier 2 qualified specialists is a complicated procedure that requires significant attention at all its stages. Conducting the resident labor market test is one of the most important and challenging parts of the whole process. The employer needs to keep to the rules as well as to save all the documentary proofs that everything was done correctly.

First of all, the obligatory sources of advertisement are official newspapers and professional journals.

As the Home Office advise “advertisement in a national newspaper or professional journal should be confirmed by a copy of the job advertisement as it appeared in the given medium. The copy must clearly show the title and date of the publication and the closing date for applications”.

A copy of the contents of the job advert must include the job title, the location of the job, the main duties and responsibilities of the job which must include the skills, qualifications and experience needed, an indication of the salary package or salary range and the closing date for applications.

The vacancy can also be advertised on the internet, including where it is advertised on the company website; in this case a screenshot from the website hosting the advertisement should be made on the day the vacancy is first advertised and kept for further steps. This copy should clearly show All of the following:

• name of the website;

• contents of the advert;

• the Uniform Resource Locator (URL) (website address);

• date the vacancy was first advertised (if stated);

• closing date for applications.

Where the advertisement is not on the company’s own website and does not show its name, a copy of a letter or invoice from the website will be required, to prove that an advertisement was placed.

Where the vacancy has been advertised online through Find a Job (or its predecessor, Universal Jobmatch), JobCentre Online (for jobs in Northern Ireland), or the GOV.UK ‘Teaching Vacancies’ service (for teaching jobs in England), keep a screen shot from the relevant government website on the day the vacancy is first advertised which clearly shows all of the following:

• logo of the relevant government website hosting the job advertisement;

• URL;

• contents of the advert;

• date the vacancy was first advertised (if stated);

• closing date for applications;

• any job reference number (if stated).

Note: if the website clearly shows the date the vacancy was first advertised, the screen shot can be taken at any point during the period the vacancy is advertised.

If the job was not advertised through Find a job, JobCentre Online, or the GOV.UK ‘Teaching Vacancies’ services because of Stock Exchange disclosure requirements, you must keep a copy of the formal announcement such as a screen shot of the published announcement, made via a regulated information service approved by the Financial Conduct Authority (FCA).

The employer will have to provide an evidence of the competitive process that took place. This could be an advertisement for the grant, a programme for the selection process, the judging criteria or any other evidence.

In addition, the following documents from any recruitment process must be retained:

• all applications short listed for final interview, in the medium they were received, for example, emails, CV’s, application form – this should include the applicant’s details such as name, address, date of birth;

• the names and total number of applicants short listed for final interview;

• for each settled worker who was rejected or did not take up the offer of employment, interview notes or other documentation which show the reasons why they have not been employed.

If you require support on other immigration related issues that do not hesitate to call our professional team which offers a variety of services including spouse visa applications, K1 fiance visa applications, British citizenship or settled status for EU nationals.

Published 31 March 2020

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