Tier 2 Work Permit: Residence Labour Market Test and salary description

Jul 15

The sponsor guidance clearly states what information should be contained in the job advertisements in order to meet the criteria set by the UKBA. One of the requirements is "an indication of the salary package or salary range or terms on offer" for a particular vacancy  a UK sponsor is trying to fill.

The advertising requirements are designed to attract suitable resident workers. There are sectors where it is a norm to state that the salary is going to be "competitive" or "market rate" and the assumption is that resident workers are likely to know what this means. Hence, for these vacancies, it is acceptable to use more general terminology instead of a specific rate.

However, it is important to note that the salary offered to all workers (resident and migrant) must be at least equal to the appropriate rate stated in the relevant section of the UKBA codes of practice. Advertisements stating that the salary ".. meets  the National Minimum Wage.." will not satisfy the requirements of the Resident Labour Market Test.

If you have an enquiry relating to your immigration status or your ability to work in the UK, we can help you. Please contact us or call +44 20 3384 3075.