UK: Changes to the Resident Labour Market Test for Tier 2

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With effect from the 14th December 2009, the resident labour market test for Tier 2 General of the Points Based System will be extended to four weeks. 

This will replace the current requirement to advertise jobs for two weeks, or one week for jobs where the salary is over £40,000.

This change will be applied in the following ways:

  1. All campaigns that start on or after 14 December will need to be adapted to meet the new requirements.  Please note that businesses that have already run advertisements or have already begun campaigns will not need to do so again to meet the new requirement.
  2. All jobs need to be advertised for four weeks before a migrant worker can be appointed. 

However; there will not be a requirement for the four weeks to be continuous.  For example, businesses will be able to advertise skilled jobs for two weeks initially.  If a suitable resident worker applies, the business can appoint them straight away. 

However, if no suitable resident workers apply, the resident labour market must be tested for a further two weeks before they can appoint a migrant worker.

Please note that updated sponsor guidance will be published on the UKBA website on 14th December 2009.

The other changes to Tier 2 as recommended by the Migration Advisory Committee will be implemented in spring 2010.

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