Resident Labour Market Test advertising requirement increased to 4 weeks

From the 14th December 2009, the UK Border Agency has altered the requirements of the Resident Labour Market Test under Tier 2 of the Points Based System such that all roles subject to the Resident Labour Market Test must be advertised for 28 days.

The changes mean that instead of advertising the role for one week (where the salary for the role is in excess of £40,000) or for two weeks (where the salary for the role is under £40,000), as was previously the case, employers will now need to advertise for a total period of four weeks.

The UK Border Agency has confirmed that all adverts placed before the 14th December will be subject to the previous rules, so for example, an advert placed on the 11th December and expiring on the 18th December for a role with a salary of £50,000 would still meet the requirements.

In addition, a new rule has been introduced such that adverts need not run for a continuous period of four weeks, as long as the advert has been placed for a total of four weeks (in one or two periods, each not less than one week). The UK Border Agency has given the following example:

“This will mean that employers will be able to advertise skilled jobs for shorter periods initially, for example for two weeks. This ensures that where resident workers are available, they can quickly be recruited to skilled jobs. Where there are no suitable resident workers available, the resident labour market must be tested for a further two weeks, making four weeks in total, before employers can appoint a migrant worker.”

All other existing requirements regarding retaining documents remain the same, and adverts must be placed on the JobCentre Plus website and one other suitable medium (defined by the UK Border Agency Codes of Practice). Roles not currently requiring the completion of a Resident Labour Market Test (e.g. shortage occupation or Intra Company Transfer roles) will continue to be exempt from this requirement.

If you have any queries regarding how to meet your duties as a Sponsor under Tier 2, including completion of the Resident Labour Market Test, please contact us.