Skilled Migrants & Resident Labour Market Test

The Tier 2 visa route allows UK businesses to employ nationals from outside the settled workforce; generally, a migrant who is to be sponsored under any Tier 2 category must not displace a suitable settled worker which means that businesses can only offer a job to a migrant if they can demonstrate that the job role cannot be fulfilled by a worker settled in the UK.

Before you make the commitment to become a Sponsor or before you assign a Certificate of Sponsorship (CoS), it is important you obtain legal advice from specialist immigration solicitors and barristers. Our specialist business immigration solicitors will be happy to consult with you and advise you of the genuine vacancy test and assess whether a prospective employee satisfies the Home Office’s criteria. This area of the Points-Based System can be complex and our team regularly find that many employers are unaware of who they can and cannot sponsor.

Tier 2 Sponsoring Skilled Migrants

UK businesses wishing to employ non-EU migrant workers should bear in mind that they can only sponsor migrants to work in a skilled occupation at or above NQF level 6. There are some exceptions to this rule such as:

  • The migrant will be sponsored under Tier 2 (General) for a job on the current Shortage Occupations List;
  • The migrant will be sponsored in a creative sector SOC code such as an artist, author, actor, dancer or clothing designer; and
  • The migrant is already working in the UK under a Tier 2 visa (there are strict rules in this regard).

Our business immigration solicitors can meet with you to discuss the eligibility criteria and whether the candidate you wish to hire can be sponsored under a Tier 2 visa. The Home Office deploy a strict criterion as to who can be sponsored and in our experience, we have found that many employers do not understand the complex guidance available and may not be taking advantage of recruiting overseas talent due to this.

Tier 2 Appropriate Salary

The Home Office’s rules state that employers wishing to sponsor migrants under a Tier 2 (General) or Tier 2 (ICT) visa, must pay the migrant the appropriate salary. The job offered to Tier 2 (General) migrants must pay £30,000 per annum or more and for long-term Tier 2 (ICT) migrants, this is £41,500. The rates of pay also depend on whether the migrant is a “new entrant” or “experienced”.

Our business immigration solicitors understand from experience that the Home Office regularly update their guidance for sponsoring migrants and the rates of pay can change. Contact our business immigration team today so we can explore your options and clarify what is required for you to employ migrants from overseas.

Tier 2 Resident Labour Market Test

UK employers who wish to employ migrant workers need to be aware of the Resident Labour Market Test. Employers can only recruit a migrant if they have completed a Resident Labour Market Test in accordance with the Home Office’s requirements or if the job is exempt from the Resident Labour Market Test.

In order to pass the Resident Labour Market Test, an employer must have advertised the job in an appropriate manner for the sector and must be able to show that no suitably skilled settled worker in the UK can do the job. There are some circumstances where a Resident Labour Market Test is not required such as if the migrant is already working for you or the job is on the shortage of occupation list.

Our business immigration solicitors can meet with you and consider whether you have complied with the Home Office’s requirements in this regard. Our expert team regularly meet with employers who have not understood how to carry out a Resident Labour Market Test in accordance with the Home Office’s strict requirements and as a result of this, they have been unsuccessful in their attempts to obtain a CoS for a migrant.

We are an Immigration law firm based in Middle Temple, London and our solicitors are fully authorised by the Solicitors Regulation Authority (SRA). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our Contact Form or give us a call on 02071830570.

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