How do I sponsor a migrant?
The resident labour market test
This page explains how to complete a resident labour market test before you employ migrants under Tier 2 (General) of the points-based system.
On this page
What is the resident labour market test?
You may want to recruit a migrant from outside the settled workforce for a skilled job that is not on the list of shortage occupations. You can only do this if you complete a resident labour market test and can show that no suitably qualified settled worker can fill the job.
All vacancies advertised on or after 14 December 2009 must be advertised to settled workers for 28 calendar days. You can choose to do this in one of two ways:
- advertise the vacancy for a single continuous period, with a minimum closing date of 28 calendar days from the date the advertisement first appeared; or
- advertise the vacancy in two stages, where each stage lasts no less than 7 calendar days and both stages added together total a minimum of 28 calendar days. For example, you can initially advertise the vacancy for 14 calendar days. If a suitable settled worker is identified, you can appoint them straight away. However, if no suitable settled worker is identified, you cannot appoint a migrant worker who applies at this stage - you must advertise the vacancy for a further 14 days, making 28 calendar days in total. If no suitable settled workers are identified during either the first or second stage, the resident labour market test has been completed and you can appoint a Tier 2 migrant.
The period of advertising starts from the date the advertisement first appears.
When you issue a certificate of sponsorship on the sponsorship management system under Tier 2 (General), you must confirm that:
- you have completed a resident labour market test as set out in the relevant code of practice and cannot fill the post with a settled worker; or
- the test does not apply to the job (see below).
Do I have to complete a resident labour market test?
You do not have to complete a resident labour market test before sponsoring a migrant under the Tier 2 (General) category if:
i) the job is on the shortage occupation list;
ii) the migrant you want to sponsor is already employed by you in the same job, and currently has permission to stay in the UK under:
- the post-study worker category of Tier 1;
- the International Graduates Scheme;
- the Fresh Talent Working in Scotland Scheme; or
- the Science and Engineering Graduates Scheme.
This exemption only applies if:
- you have employed the migrant in the UK continuously for at least six months immediately before they switch into the Tier 2 (General) category (although they do not need to have been in the same job for the full six months); or
- the migrant has been absent on maternity, paternity or adoption leave but has been employed by you for at least six months out of the last 18 months.
The section for post-study workers contains more information.
iii) the migrant:
- has previously qualified as a doctor or dentist in the UK; and
- has current permission to stay as a postgraduate doctor or dentist, and
- is completing their Foundation Programme F2 year in 2009; and
- will either be undertaking further speciality training for doctors or dentists, or be employed as a doctor or dentist within the NHS, and the job starts before 5 April 2010.
iv) the migrant is a postgraduate doctor or dentist who has been in further speciality training in the UK, and who needs to apply for further permission to stay under Tier 2 (General) so that they can complete that training after an out-of-programme experience.
If a postgraduate doctor or dentist in speciality training wants to do their out-of-programme experience in the UK, the organisation providing the out-of-programme experience must become the new sponsor. The current sponsor (usually the NHS trust) must notify us that it no longer has sponsorship responsibilities for the doctor or dentist. The new sponsor must assign a new certificate of sponsorship and conduct a resident labour market test.
When the out-of-programme experience has been completed, the
migrant may need to return to their speciality training. The original sponsor must assign a new certificate of sponsorship, but will not need to complete a resident labour market test. It must confirm on the certificate of sponsorship that an exception to the resident labour market test applies. The sponsor during the migrant's out-of-programme experience must notify us that it is no longer sponsoring the migrant.
Any postgraduate doctor or dentist in speciality training is given
a National Training Number (NTN). The sponsor must produce this on request, as evidence that the migrant was undertaking speciality training before their out-of-programme experience.
How do I complete a resident labour market test?
To complete a resident labour market test for any other job in the Tier 2 (General) category, you must use the advertising methods permitted by the code of practice for the sector or job.
The advertisement must include:
- the job title;
- the main duties and responsibilities of the job (the job description);
- the location of the job;
- an indication of the salary package or salary range or terms on offer;
- the skills, qualifications and experience needed; and
- the closing date for applications, unless the job is part of your organisation's rolling recruitment programme (in which case the advertisement should state the period of the recruitment programme).
All jobs advertised to settled workers must now be advertised:
- in Jobcentre Plus (except under the exemption below); and
- using one other method permitted by the relevant code of practice (unless there is no code of practice for the job).
The requirement to advertise jobs in Jobcentre Plus was introduced on 31 March 2009. The only jobs that do not need to be advertised in Jobcentre Plus are:
- jobs for named researchers;
- jobs in the creative sector where the code of practice states that advertising is not required because the migrant will be making an additional contribution to the UK labour market - see the creative sector codes for more information;
- jobs in the role of director, chief executive or legal partner (with SOC codes of 2411 and 1112), where the salary package is at least £130,000 or where there will be stock exchange disclosure requirements;
- 'milkround' graduate recruitment exercises; and
- jobs for which you do not need to complete a resident labour market test (see above).
In all of the above cases, you must still meet all the other resident labour market test requirements as set out in the relevant code of practice.
If a settled worker applies for the job but does not have the necessary qualifications, experience or skills, you cannot refuse to employ them unless you specifically requested these qualifications, experience or skills in the job advertisement.
If you want to sponsor a migrant to do a job that you have advertised under the resident labour market test, you must assign the certificate of sponsorship no more than six months after you first advertised the job. (If the vacancy has been advertised in two stages, as described above, you must assign the certificate of sponsorship within six months of the date when the first of the two advertisements first appeared.) This is to make sure that the results of your advertising reflect the current availability of the skills you need. The only exceptions to this six-month rule are:
- where a migrant has been recruited via a milkround, in which case you can assign a certificate of sponsorship up to 48 months after the milkround took place; and
- where a migrant is employed as a research fellow at a higher education institution, in which case you can assign the certificate of sponsorship up to 12 months after the recruitment process started. We will exceptionally allow a certificate of sponsorship to have been assigned outside this 12-month limit, but only if you assigned it on or before 31 December 2009.
When you have completed a resident labour market test, you must keep the documents listed in Appendix D of our guidance for sponsors.
Methods of advertising jobs
The following is a list of methods you might use to advertise the job. All jobs must be advertised in Jobcentre Plus (except where indicated below) and using one other method - the relevant codes of practice explain which other method(s) you can use.
You must keep documents related to the resident labour market test, as stated in Appendix D of the full policy guidance, for each recruitment method you use. You can download Appendix D from the right side of this page,
Jobcentre Plus
The Jobcentre Plus website contains information on how to advertise a vacancy. You can place an advertisement online (using the free service Employer Direct online), by email, by fax or by telephone; contact details are given on the website. All vacancies are advertised on the Jobcentre Plus website, and are made available in Jobcentre Plus offices and other locations across the UK.
The standard period for an advertisement to run in Jobcentre Plus is four weeks. If you advertise your vacancy for the full four weeks, the advertisement will not show a closing date. If you want to specify a closing date, you should tell Jobcentre Plus so that this will appear on the advertisement.
Jobcentre Plus will only accept a vacancy advertisement if there is a current vacancy when the advertisement is placed. If you also use milkrounds or rolling recruitment programmes (see below), you must make sure that you place your vacancies when there are actual posts to fill. It is important to adhere to the Jobcentre Plus rules - if your vacancy advertisement is refused; you will not be able to complete a resident labour market test and will not be able to assign a certificate of sponsorship for that vacancy.
National newspaper or professional journal
The job may be advertised using the employment section appropriate for the job, of a national newspaper or a professional journal. A national newspaper is one that is available throughout the UK from the majority of newsagents. A professional journal is one that is published for a particular field and is available nationally either at a majority of newsagents or through subscription.
The Scotsman and The Herald are acceptable as suitable national newspapers for vacancies in Scotland and bordering counties of England.
The Western Mail is acceptable for vacancies in Wales.
The Belfast Telegraph is acceptable for vacancies in Northern Ireland.
Milkrounds
If the code of practice allows it, you may recruit using an annual graduate recruitment programme, known as a 'milkround'. This is a system where employers from a wide range of sectors visit universities to give presentations and interview prospective graduates, usually as part of university careers fairs.
If you recruit through a milkround and have visited at least three UK universities as part of the milkround, you do not need to advertise the job in Jobcentre Plus (or in Jobs and Benefit Officers or JobCentres in Northern Ireland) in order to complete the resident labour market test. However, you will need to have advertised the job through two external recruitment channels permitted by the relevant code of practice (one of which must be a recruitment website listed in that code of practice) in addition to the milkround.
Rolling recruitment programmes
The points-based system has been developed to allow sponsors to recruit skilled migrants to fill specific vacancies that cannot be filled by settled workers. Rolling recruitment programmes exist to allow companies to pick out skilled individuals who might fill future, undefined vacancies.
We are not trying to stop employers from identifying migrants through these programmes. However, when a specific vacancy becomes available, you must advertise it to resident workers first in order to meet the requirements of the resident labour market test.
Recruitment agencies
If the code of practice says so, you may use an agency to help with your recruitment. The agency may recruit for the post either by advertising in Jobcentre Plus or as set out in the relevant code of practice.
Internet
You may use the internet to advertise a job. The internet site you can use will be in the relevant code of practice for the sector or job.
You can use your own website only if your organisation is a multinational or global company, or a large organisation with more than 250 permanent employees in the UK.
Head-hunters
A head-hunter may recruit for the job either by advertising in Jobcentre Plus, a national newspaper or a professional journal, or by finding potential candidates through market research.
Skill level
Any job in the the Tier 2 (General) or Tier 2 (Intra company transfer) category must be at S/NVQ level 3 or above, to ensure it is a skilled job. The codes of practice contain more guidance about which jobs are at this level.
Appropriate rates of pay
All migrants must be paid the appropriate salary rate, to ensure that the resident labour market is not undercut.
You can assess the appropriate rate by using the information in the codes of practice.
If the migrant will be working in the UK for less than 12 months, the rate of pay must be based on an annual salary. For example, earnings of £10,000 on a six-month contract would mean an annual salary of £20,000.
To meet the resident labour market test requirements, all jobs must be advertised at the appropriate rate of pay for that job in the UK, to ensure that you have genuinely tried to fill the vacancy with a resident worker. Migrants, when taken on, must be paid at least the rate advertised.
Terms explained
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European Economic Area
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom. Iceland, Liechtenstein and Norway are not members of the European Union (EU) but citizens of these countries have the same rights to enter, live in and work in the United Kingdom as EU citizens.
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Resident labour market
The pool of workers who qualify as resident workers. A resident worker is a person who is a national of the European Economic Area (EEA) or is legally settled in the United Kingdom with permission to work here.
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Resident worker
A person who is a national of the European Economic Area (EEA) or is legally settled in the United Kingdom with permission to work here. In some cases, an employer who wishes to employ a person who is not a permanent resident must show that no resident worker could be found to take the job.
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S/NVQ level 3
This refers to either the Scottish Vocational Qualification or the National Vocational Qualification at level 3. A qualification at this level is one that shows competence that involves the application of knowledge in a broad range of varied work activities performed in a wide variety of contexts, most of which are complex and non-routine. There is considerable responsibility and autonomy and control or guidance of others is often required.
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Settled
You are normally resident in the United Kingdom with no immigration restriction on the length of your stay. To be free of immigration restriction you must have the right of abode or indefinite leave to enter or remain in the United Kingdom.
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Shortage occupations
Specific types of work that have been officially listed as ones for which there are not enough resident workers to fill available jobs. Employers who wish to hire a worker from outside the European Economic Area to fill a vacancy that is on a list of shortage occupations may do so without carrying out a resident labour market test.
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Sponsorship management system
An IT system used by organisations that sponsor migrants under the points-based system. It allows sponsors to allocate certificates of sponsorship to migrants, carry out the administrative functions necessary to comply with their sponsor obligations and duties, and communicate information to us.