Tier 2 Visa

On what grounds a Tier 2 Visa resident labour market test can be exempted?

What is the Resident Labour Market?  

The Tier 2 Visa Resident Labour Market Test requires the employer to demonstrate to UK Visas and Immigration that no “settled worker” was available for the role or position they intend to fill with a Tier 2 migrant. The employer must advertise the jobs to settled workers for 28 calendar days in order to extend settled workers a chance to apply for the advertised position. However, the employer must keep a close eye if the job is exempted from the resident labour market test. 

Exemptions from the Resident Labour Market Test 

There are certain grounds when the Resident Labour Market Test is exempt before assigning a Certificate of Sponsorship (CoS). 

  • If the migrant continues to work for the same employer 

In case, the migrant is already working for the employer and they intend to extend their leave to remain in the same immigration tier or category and continue to work for the same occupation, the employer is exempted to carry out the Resident Labour Market Test. However, the employer needs to undertake the Resident Labour Market Test, the employee is switching immigration categories and not covered under the grounds of Resident Labour Market Test Exemption. 

  • Shortage Occupations 

Shortage Occupations lists occupations where the employer needs to assess the correct salary and skills threshold require for specific job roles. Employers must select the SOC Code that closely matches the job description that the sponsor is looking to recruit. An employer does not need to undertake a Tier 2 Visa Resident Labour Market Test before assigning a Certificate of Sponsorship to fulfill a role or position under shortage occupation, for instance, Biological Scientists and Biochemists, Social and Humanities’ Scientists, Electrical Engineers, Design and Development Engineers, and many more. But there are exceptions associated, for instance, Nurses where a Resident Labour Market Test must be carried out. Also, the employer must keep a tab on the additional criteria for hiring overseas migrants under shortage occupations. 

Hence, those roles or positions which are already featured on the SOL are exempted from undertaking RMLT. An employer can straightaway issue a Tier 2 CoS to an overseas skilled migrant without any need to demonstrate a Resident Labour Market Test. 

  • High Earners 

The prospective sponsor licence holder does not need to carry out RMLT when the total salary package for the job is £159,600 or above. Even if the salary is reduced to an amount below the threshold on the date of Certificate of Sponsorship CoS was assigned, the employer does not need to carry out RMLT. Only he or she needs to make a new application for Tier 2 leave to remain. 

  • Post-Study Work 

If a migrant is already in the UK and is applying to switch into Tier 2 (General) Visa and was last granted leave to remain in the UK either the categories of Tier 1 (Post-Study Work), Tier 1 (Graduate Entrepreneur), or Tier 4 provided the migrant’s last leave to remain was to study at a higher education provider or an overseas higher education institution. 

  • Established Researcher

If the sponsor is from a Research Council of higher education provider and he or she intends to wish a sponsor a migrant who can continue to work as a member of an existing research team. The employer can be exempt from RMLT if the migrant has previously worked with the lead researcher. 

How does A Y & J Solicitors help in Sponsor Licence? 

A Y & J Solicitors is a multi-award winning UK Immigration law firm with a decade of experience recommended by Legal 500 based in Central London. Our exceptionally qualified UK solicitors closely work with UK employers to support them with immigration needs. At A Y & J Solicitors, our lawyers provide guidance on ongoing licence compliance and sponsor licence applications right from the Home Office application process to preparing the company for auditing internal HR Systems and policies.  Get in touch with A Y & J Solicitors to provide support in managing the licence. 

Need to know more about Sponsor Licence Revocation?  We can help. Please email us at contact@ayjsolicitors.com or Whatsapp us / call on +44 7448 5656 70. 

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