In most cases before assigning a Tier 2 Certificate of Sponsorship (CoS), UK Visas and Immigration (UKVI) require us to conduct the ‘Resident Labour Market Test’ (RLMT). This test is intended to ensure that the position cannot be filled by a settled worker before we sponsor someone from outside the EEA.
How do I conduct a RLMT?
The HR Division has produced a Guide to the Resident Labour Market Test which is designed to assist recruiters in understanding and meeting UKVI's Tier 2 advertising requirements, particularly for PhD level roles (those which are most commonly filled by individuals requiring a Tier 2 CoS).
Please see the 'Advertise the vacancy' section of the HR Recruitment Guidance webpages for full detailed guidance on the Resident Labour Market Test. This includes guidance on how to take screenshots of online adverts in order to meet the requirements of the Resident Labour Market Test.
When is the RLMT not required?
You must conduct a RLMT before assigning a CoS unless one of the following applies:
- The gross annual salary package for the job will be £159,600 or more.
- The individual is a current employee making a Tier 2 extension in the same job.
- The individual is a current employees changing jobs within the University who will continue to work in a job defined by the same SOC code.
- The role is a supernumerary research position where the applicant will receive funds from a scientific research grant or Fellowship by a body external to the University. This means that the role is over and above our normal requirements and if the applicant was not there, the role would not be filled by anyone else. This can include, but is not limited to, named researchers who are employed on their own grant.
- The job is on the UKVI shortage occupation list. Most roles in the University are not on this list – the main exceptions are certain clinical roles.
- A former employee is resuming their previous post following a period of academic leave. The individual must have previously been granted a Tier 2 (General) visa/BRP and the break in their employment must have been solely due to a period of academic leave. Note: if the individual leaves the UK and their Tier 2 visa was valid for longer than 3 months, the 'cooling off' period will then apply and they cannot return to the UK on another Tier 2 visa within 12 months. Please consult the Compliance Team for futher details.
- Post-study work. This covers any individual switching to a Tier 2 (General) visa from one of the following types of visa:
- Tier 4 Doctorate Extension scheme visa; or
- Tier 1 (Graduate Entrepreneur) visa; or
- Tier 4 (General) student visa, but only if:
- Their most recent sponsor was a Higher Education Institution; and
- They have received their final results and have been awarded a recognised Bachelor's or Master's degree; or
- They have finished a minimum of 12 months study in the UK toward a UK PhD.