Employers are obliged to undertake a genuine test of the resident labour market (“RLMT”) before agreeing to sponsor foreign nationals into skilled UK based positions. Roles must be advertised externally in at least two approved forum, including the Government’s own job site, for specified amounts of time before a contract of employment can be offered to a foreign national.
The resident labour market includes the United Kingdom, the Common Travel Area and the European Economic Area. This is likely to remain the case at least until conclusion of the Brexit transition period.
Preference must be given to settled workers (i.e. those individuals with indefinite leave to remain or right of abode) as well as to British passport holders.
We help employers understand the requirements of Tier 2 sponsorship policy as regards external recruitment, ensuring compliance and maintaining the integrity of sponsors in relation to Home Office officials.
