Tier 2 General & The Resident Labour Market Test

This route is for skilled workers who have been offered a job by a UK-based organisation. The organisation must hold a sponsor licence 

http://www.ukvisas.com/working-visa-tier-2-general/ 

To apply for a Tier 2 General working visa the applicant needs: 

  • An offer of a suitably skilled job from a UK based Company that holds a sponsorship licence (see page ‘sponsor licence’ for more details); 

  • To score sufficient points for their ‘attributes’– applicants are awarded points if they are issued a Certificate of Sponsorship from the UK company and if they will receive at least what is considered to be the appropriate salary for the particular job role under the codes of practice; 

  • To score points by showing that they have enough money for their maintenance (living costs) in the UK; 

  • To score points by demonstrating they can speak English to a basic level; 

  • The employer needs to have carried out a Resident Market Labour Test (see below) to ensure that a member of the UK resident workforce was not suitable for the job (although there are exceptions to this – please contact us for more information). 

Resident Labour Market Test  (RLMT) 

As mentioned above the RLMT is a method that aims to ensure that jobs that members of the residence workforce (who have the absolute right to work in whatever occupation they choose) do not miss out on jobs that would be suitable for them.  The Resident Labour Market Test does not need to be carried out in particular types of Tier 2 General application (please contact us for more information). 

 So how does test work in practice and what do employers have to do to pass it? 

First of all, the employer or individual potential employee needs to check that the job is at the appropriate skill level and that it pays a salary that is at least the minimum for that particular job role (for example ‘Sales Manager’ or ‘Sound Engineer’ by examining the duties and responsibilities of the particular job role in accordance with the Codes of Practice. 

Employers are required to advertise the position for at least 28 days, in at least two different publications ranging from government job websites to specific industry-specific journals. 

It is essential that the advertisement for the role is in a particular format, and includes certain specific content. This is vitally important because if the employer fails to meet the strict requirements of how the advert should be they will fail the test. 

Failing the test is very frustrating experience because it means that the company will have to begin the test (to advertise) all over again, wasting precious time and money (advertising costs) and prolonging their new employee’s start date and therefore the benefit of the skills he or she can contribute to the company. 

In our experience, the UKBA is not very flexible in respect of companies ‘almost’ meeting the test or even in situations where they have advertised the role in the correct way, but have not kept records of the adverts to the UKBA’s satisfaction. We have helped many clients who have come to us after failing the test simply because they failed to include one tiny piece of information. 

If you are looking for a Tier 2 General or to switch companies/employers and looking for options do get in touch at consult@mavisas.co.uk 

Thanks in advance 

Mason Alexander 

Mason Alexander