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How do I sponsor a migrant?

An interview panel

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.

What is the resident labour market test?

You may need 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.

The job vacancy must be advertised to settled workers according to the code of practice specific to the sector and job. If the salary for the job is £40,000 or less, you must advertise it for a minimum of two weeks. If the vacancy is over £40,000, you must advertise it for a minimum of one week.

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).

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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 the job is:

  • on the shortage occupation list; or
  • a job 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 United Kingdom labour market - see the creative sector codes for more information.

Also, you do not need to complete a resident labour market test if the migrant you want to sponsor is already employed by you and currently has permission to stay in the United Kingdom 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 United Kingdom continuously for at least six months, in the same job, immediately before they switch to the tier 2 (General) category. When they apply to us, the migrant will need to include a dated letter from you showing:

  • the migrant's name;
  • your organisation's name and logo; and
  • confirmation that the migrant has been working for you for at least six months.

The section for post-study workers contains more information.

Sponsorship under the intra-company transfer category of tier 2 also does not require a resident labour market test to be carried out.

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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 range, and the terms on offer;
  • the skills, qualifications and experience needed; and
  • the closing date for applications, unless the job is 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 have to be advertised in Jobcentre Plus are:

  • jobs for named researchers; and
  • jobs where the resident labour market test does not apply (see above).

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 issue the certificate of sponsorship no more than six months after you first advertised the job. This is to make sure that the results of your advertising reflect the current availability of the skills you need. The only exception is where you recruit a migrant using a milkround - in this situation, you must issue the certificate of sponsorship no more than 12 months after the milkround took place.

When you have completed a resident labour market test, you must keep the documents listed in Appendix D of our guidance for sponsors.

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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 and using one other method - the relevant codes of practice explain which other method(s) you can use.

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 United Kingdom.

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, 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 United Kingdom 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.

Annual recruitment programme

You may use an annual recuitment programme, known as a 'milkround', where employers from a wide range of sectors visit universities to give presentations and interview students, usually as part of university career fairs.

You must visit a minimum of three European Economic Area universities.

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 multi-national or global company, or a large organisation with over 250 permanent employees in the United Kingdom.

Head-hunters

The head-hunter may recruit for the job either by advertising in Jobcentre plus, a national newspaper or professional journal, or by finding potential candidates through market research.

You must keep documents related to the resident labour market test as stated in Appendix D of the full policy guidance, which you can find on the right of this page, for each recruitment method you use.

Skill level

The job must be at S/NVQ level 3 or above for the skilled worker and intra-company transfer categories of tier 2 to make sure it is a skilled job. Further guidance is available in the codes of practice about which jobs are at this level.

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Appropriate rates of pay

All migrants must be paid the appropriate salary rate to make sure 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 United Kingdom 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 United Kingdom to make sure that there has been a genuine attempt to fill the vacancy with a resident worker. Migrants, when taken on, must be paid at least the rate advertised.

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Terms explained

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • Sponsorship management system

    An IT system used by organisations that sponsor migrants under the points-based system. It will allow 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. This is not available at the moment.

All glossary terms

Policy & Law