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07 Nov Do you need to meet the RLMT requirement?

Posted on November 7, 2019 in Working in the UK by
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A migrant who is applying for leave to enter or remain as a Tier 2 (General) holder must obtain 70 points under the Points-Based System including 50 for attributes, 10 for English language skills as well as 10 for maintenance.

Under paragraph 76 of Appendix A of the Immigration Rules, a Tier 2 General migrant must score 50 points for attributes including 30 for a job offer that complies with the Resident Labour Market Test (RLMT) and 20 points for having an appropriate salary either as a new entrant or experienced worker.

What is Resident Labour Market Test?

The Resident Labour Market Test (RLMT) applies to the Tier 2 General recruitment process, and it intends to protect and give priority to British and settled workers in the UK. If an employer would like to recruit an individual who is from outside the EEA, or who is not a British citizen or an ILR holder, they must complete a valid RLMT in order to show that there is no suitable settled worker able to fill the required vacancy- unless the job is exempt from the RLMT. Additionally, the RLMT also requires the employer to confirm that the vacancy is genuine.

How can the employer carry out the RLMT?

In order to carry out the RLMT, the employer must advertise the job on GOV.UK Find a Job and another job platform (such as Indeed, Total Jobs, a national newspaper etc.) for at least 28 calendar days.

Are there any exemptions to the Resident Labour Market Test?

The following situations are exempt to the RLMT:

  • Continuing to work in the same occupation for the same Sponsor – If a migrant is applying for a Tier 2 extension in the UK and continues doing the same job;
  • Shortage Occupation List- If the job code is on the Shortage of Occupation List in Appendix K (must not under the occupation code ‘2231 Nurses’) and the employee will be working at least 30 hours per week;
  • Switching from a Tier 4 migrant to a Tier 2 General migrant;
  • High earners – If the applicant’s total annual salary package is above the current salary threshold of £159,600 per annum.

 

For more detailed exemptions to the Resident Labour Market Test information, please do not hesitate to contact us.

Contact Our Immigration Team

For expert advice regarding any aspect of the Tier 2 (General) visa application, please contact our immigration team on 0203 384 3075.

 

 

 

 

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.