The Resident Labour Market Test

If someone is subject to immigration control and needs a restricted certificate of sponsorship (CoS) to work here, the UK Border Agency requires us to meet the resident labour market test (RLMT).

This involves making sure that the job has been advertised to settled workers for at least 28 days. This means that we have to advertise it for 28 days at Jobcentre Plus* and one of these recognised media:

  • Jobs.ac.uk
  • University of Leeds jobs pages
  • A national newspaper or associated website
  • Nationally recognised professional journals

*Jobs requiring a PhD do not need to be advertised in Job Centre Plus.

For jobs that need a first degree we have to show that no suitable settled worker is available. For PhD level jobs we have to show that the migrant worker is the most suitable candidate (i.e. it is acceptable for settled workers to be deemed appointable).

To prove the RLMT was met, you need to keep recruitment paperwork for two years. This must include the advert confirmation and interview notes.

Exceptions to the RLMT

  • Where the migrant is a ‘named researcher’ we aren’t required to undertake a RLMT but must be able to produce paperwork confirming that funding was conditional upon the appointment of the particular individual.
  • Tier 4 students moving to Tier 2 (but the job must meet Tier 2 criteria and normal University recruitment processes should be followed).
  • Tier 1 post study workers moving to Tier 2 (but the job must meet Tier 2 criteria and normal University recruitment processes should be followed).