Resident Labour Market Test
The Resident Labour Market Test is there to protect the settled workforce and means that you must advertise the job you want to recruit for to give settled workers a chance to apply. You can only recruit a migrant if you have completed a resident labour market test and can show that no suitable settled worker who has the skills and experience you are seeking. If you find that you have more than one candidate with all the necessary skills and experience you advertised for, where one is a settled worker and the other is a migrant, you must appoint the settled worker even if the migrant is more skilled or experienced. The only exemption to the rule stated above is jobs requiring PHD level skills. Employers may recruit the most appointable person for the job not necessarily the most suitable person from the resident labour force.
The advert must include:
- the job title
- the main duties and responsibilities of the job
- the location of the job
- an indication of the salary package or salary range or terms on offer
- the skills, qualifications and experience needed
- the closing date for applications unless the job is part of a rolling recruitment programme ( in which case the advertisement should state the period of the recruitment programme).
The post must be advertised for a minimum of 28 calendar days on the specified advertising methods below.
The post must be advertised in accordance with the agreed procedure for Aberystwyth University and in accordance with the UKVI Resident Labour Market Test.
Adverts should always be placed online through the JobCentre Plus, Universal Job Match Service, jobs.ac.uk and Aberystwyth University website.
These are minimum requirements which must be adhered to; in addition, vacancies may be advertised in journals etc. in order to attract the best candidate.
In order for Aberystwyth University to apply for a certificate of sponsorship we have to demonstrate that we have met the resident labour market test and provide evidence of this.
If you want to employ someone who is a Named Researcher you do not need to advertise the vacancy.
'Named Researchers' are defined as those whose employment is linked to specific research grants awarded to Higher Education Institutions or Research Institutes by external organizations.
They will be named specifically on the research grant because their knowledge and expertise in the relevant field means they are the only person able to undertake the research. If they are unable to come to the UK the research grant would be cancelled.
The UKVI require that evidence is kept of the grant proposal and all associated documents.
Skill Level and Salary
You cannot apply for a CoS for a post which is below graduate level. All migrants must be paid the appropriate salary rate, to ensure that the resident labour market is not undercut. The salary for the position must be at least £20,300 per annum or at least the minimum rate quoted in the relevant Code of Practice, whichever is higher. This means only jobs of grade 5 and above, which are graduate level and above and meet the appropriate salary rate, can be sponsored under Tier 2.
Further information and guidance can be found on the United Kingdom Visas and Immigration website.