The Resident Labour Market Test (RLMT) is an important requirement for a Tier 2 and Tier 5 Sponsor Licence application; although it is not applicable in all circumstances as some exemptions may apply. Whilst the RLMT applies to both Tier 2 and Tier 5 sponsor licence applications, this article will mainly refer to Tier 2 Sponsors. Our Immigration Solicitors in London specialise in Tier 2 Sponsor Licence applications and regularly advise corporate employers on how to conduct the Tier 2 RLMT. During these new and uncertain times, we are keeping up to date on the latest government advice and Home Office updates and it is crucial for applicants to get proper legal advice before making an application to the Home Office. Therefore, please get in touch with our points-based system immigration team without further delay so we can arrange a consultation and discuss how we can assist you with your application.
What is the Tier 2 RLMT?
The RLMT is one of the requirements for a Tier 2 or Tier 5 employer being granted a Sponsor Licence (unless if one of the exemptions apply; such as if the job is listed on the Home Office Shortage Occupation List under Appendix K of the Immigration Rules).
All of the RLMT requirements are laid out in detail within the Tier 2 and 5 Sponsor Licence Guidance, but essentially, employers must demonstrate to the Home Office caseworker that the job role has been fairly advertised to settled workers and that no settled worker can adequately fulfil that role. Therefore, employers must advertise the job position for at least 28 days in two different platforms. Job advertisements need to be posted on the official Government platform and another platform of the employer’s choosing. Evidence of the job postings needs to be provided with the Tier 2 Sponsor Licence application. Furthermore, a full written assessment should be provided as to why any settled applicants are not suitable for the role.
It is the responsibility of Tier 2 employer to ensure that the RLMT is carried out properly. Failure to do so will result in the Certificate of Sponsorship (CoS) allocation application being refused as they will not be deemed that the employer is not genuinely needing the Sponsor Licence.
Can I still conduct the Tier 2 RLMT during the COVID-19 situation?
In short, the answer is yes. During this deeply troubling and ambiguous time, the Home Office is still granting Tier 2 Sponsor Licences (at the time of writing), therefore the Tier 2 RLMT will still need to be carried out (unless an exemption applies) in order for that requirement of the sponsor licence application and CoS allocation to be met. Because most job advertisements are posted online in this day and age, the current global situation and social distancing measures should have no impact on advertising a job. Furthermore, because the Tier 2 Sponsor Licence application process is fairly lengthy, it is always good to get the ball moving and currently, there are no restrictions in applying for a licence and therefore beginning the Tier 2 RLMT process. The Tier 2 RLMT is also ‘valid’ for 6 months before the CoS allocation.
Can I still see an Immigration Lawyer for Tier 2 RLMT guidance given the Coronavirus COVID-19 Pandemic?
Yes. We are a technologically advanced government department for immigration and passports and are well equipped for the current situation and have the resources and infrastructure to support you with any UK immigration issue.
We are actively monitoring and responding to the COVID-19 situation and will continue to follow advice and guidance issued by the UK Government, Public Health England and the NHS.
The well-being of our team and our clients is our priority. We are following the advice to maintain social distancing, therefore we will hold all meetings with clients via video conferencing or via our telephone conferencing facilities for the foreseeable future.
Please contact our Immigration Team to arrange a consultation with us so we can assess your case in more detail and give you advice specific to your individual circumstances.
Using our Immigration Solicitors in London to satisfy the Tier 2 RLTM during the COVID-19 Pandemic
Legal representatives, such as our specialist immigration and visa lawyers, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives ensure you correctly satisfy the Tier 2 RLMT. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure successfully apply for a Tier 2 Sponsor Licence, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 2 Sponsor Licence application meets the Immigration Rules.
Successfully carry out the Tier 2 RLMT during the COID-19 Pandemic with our Immigration Solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you on how to carry out the RLMT. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02032860857 or complete our contact form.