Top UK Immigration Lawyers with Over 5000 Successful Applications
Mon- Friday | 9am- 6pm | BST

What Is A Resident Labour Market Test?

Jul 09, 2019

DisclaimerThe information in this blog is accurate as of its publication date. Any updates after that date are not reflected here.

Many sectors of the British economy, such as hospitality, engineering, and health, rely heavily on talented workers from outside the European Economic Area (EEA).  To recruit highly skilled employees, employers require a Tier 2 Sponsor Licence to be able to sponsor them.  They must also comply fully with the duties and responsibilities laid down by the Home Office in the Sponsor Guidance (SG).

A key area of Sponsor Licence compliance is ensuring they correctly run a Residential Labour Market Test (RLMT) if one is required for the position to be filled.

Failure to complete a compliant RLMT can lead to severe penalties, including the Sponsor Licence being downgraded, suspended, or even revoked.  In addition, your organisation may suffer reputational damage, resulting in difficulties in attracting top talent from abroad and an increase in disruptive, unannounced Home Office compliance visits.

What is a RLMT?

The RLMT is designed to protect the workforce in the UK by ensuring employers exhaust any possibility of being able to recruit a settled worker (meaning a person with Indefinite Leave to Remain or British Citizenship) before appointing a non-EEA national.

By running a RLMT correctly, you can prove to Home Office officials you have tested the British labour market, and the position you need to recruit for cannot be filled by a settled worker.  The test also shows that the vacancy is genuine, and the skilled worker applying for the visa meets all the requirements.

The RLMT is an essential element of complying with Sponsor Licence duties and responsibilities.

Is a RLMT required?

There are specific situations in which an employer does not need to conduct a RLMT in order to fill a position with a non-EEA skilled worker.  These include:

  • where the job being recruited for appears on the Shortage Occupation List and the employee will be employed for at least 30 hours per week
  • the position comes with a salary package of £159,600 or more
  • a non-EEA employee who is already doing the job needs to extend their visa
  • the employee is applying for a Tier 2 (General) Visa and their last grant of leave was as a Tier 4 student, and they have received their final course results which state they have been awarded a UK bachelor or Masters degree or have completed 12 months or more towards a UK PhD

How to run a compliant RLMT

A compliant RLMT involves advertising the position for the required amount of time and in the correct way, following certain steps in the recruitment process, and finally, keeping accurate records.

Advertising the position

The position you are recruiting must be advertised on a minimum of two recruitment platforms approved by UK Visas and Immigration.  Unless the position pays over the required threshold, it must be advertised on Find A job website.  Other approved platforms for advertising the position include professional trade journals which are published nationwide, recruitment agencies, and LinkedIn.

The position must be advertised for 28 days.

Many organisations fall short of the compliance requirements relating to the contents of the advertisement.  It must contain the:

  • job title
  • location
  • salary
  • job description
  • skill requirements
  • the posting and closing dates

The recruitment process

Employers must ensure that when selecting candidates, they assess every applicant against the skills, experience, and qualifications set out in the advertisement.  If a settled worker meets the criteria, they should be offered the position above non-EEA candidates.

Record-keeping

[perfectpullquote align=”left” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]Meticulous record keeping is an essential part of the RLMT process.[/perfectpullquote]

Meticulous record keeping is an essential part of the RLMT process.  For example, employers must retain a record of each advertisement and prove they were posted for at least 28 days.  UKVI have the right to request a copy of the advertisement during the recruitment process.  Should a compliance visit be conducted in the future, UKVI officers will also expect to see accurate records of every advertisement used in the recruitment process.

Interview notes should be kept relating to all candidates and reasons for rejecting individuals carefully set out.  In addition, all CVs and application forms which make it to the shortlist of candidates should be preserved.

The end of the RMLT?

In December 2018, the Home Office released a White Paper detailing the future of UK immigration law after Britain leaves the EU.  In line with recommendations made by the Migration Advisory Committee, following Brexit, employers will not be required to complete a RLMT when recruiting skilled workers.  This change is being made to speed up the process for employers wishing to recruit talent from abroad (and this will include EEA nationals) as they will not need to wait four weeks for the required advertisements to run their course.

It may be that another test will replace the RLMT in the future, or no test will be needed at all, and that means, migrants might be sponsored quicker.  We will keep you updated as more information comes to light.

A Y & J Solicitors are specialists in immigration law based in central London.  If you would like more information regarding running a Resident Labour Market Test, or anything else related Sponsor Licence compliance, please contact us at contact@ayjsolicitors.com or call +44 20 7404 7933.

Disclaimer: No material/information provided on this website should be construed as legal advice. Readers should seek an appropriate professional advice for their UK immigration matters.

Read More
Profile Picture

A Y & J Solicitors

A Y & J Solicitors is a multi-award-winning UK immigration law firm with over 14 years of specialist experience. Based in Central London, we are recognised and recommended by The Legal 500, Chambers Partners authorised by the SRA (Solicitors Regulation Authority). Having successfully assisted more than 5,000 clients, we stand by our ‘In It To Win It’ approach to deliver results with precision and care. For your peace of mind, we are proud to hold a trust rating of 4.9/5, backed by over 1,000 reviews on Trustpilot and Google.

A Y & J Solicitors
4.9
Based on 1400 reviews
powered by Google
Akhila AjayanAkhila Ajayan
21:22 05 Feb 26
I would like to sincerely thank Elaha for making my visa application process so smooth and stress-free. From the beginning, she was professional, patient, and always ready to answer my questions. She guided me clearly through every step, made sure all my documents were in order, and kept me updated throughout the process. Her support and attention to detail gave me a lot of confidence and peace of mind. I truly appreciate her dedication and would highly recommend her to anyone looking for reliable visa assistance.
Arun KumarArun Kumar
10:25 05 Feb 26
Imad has been of great help. Professional, approachable, timely updates and never had any issues working with him. It was a very smooth experience consulting and working with Imad throughout my application.
Bhavesh prajapatiBhavesh prajapati
16:02 02 Feb 26
I recently applied for my Skilled Worker visa with A Y & J, and their work was excellent. I want to give them a 5-star review and recommend everyone to use their services to get prompt results. Mr. Imadsir was especially helpful in handling my application. A Y & J is a large, knowledgeable group, so if you want a safe and proven visa process, you can confidently apply through A Y & J.
Divyakant PrajapatiDivyakant Prajapati
15:44 02 Feb 26
A Y & J , you are guys champions 🏆. We applied for skilled worker visa for our team and we got our visa in 2 working day. I will definitely recommend them.
Yadhal AbdusalamYadhal Abdusalam
12:32 02 Feb 26
I am extremely grateful to Ikra for her support with my visa application. She was knowledgeable, responsive, and well organised throughout the process. Even with a tight deadline, she managed everything smoothly and helped me successfully obtain my visa. I highly recommend her to anyone needing immigration assistance.
Isha ChaudhariIsha Chaudhari
17:46 30 Jan 26
Lara AcostaLara Acosta
18:59 28 Jan 26
Incredible work, incredible team, fast and easy to communicate with - incredibly experienced in the topics they service and helpful! very glad to have chosen ayandj as my solicitor firm
neha groverneha grover
16:13 22 Jan 26
Ashu, I really appreciate your hard work and dedication. I’ve received my parents-in-law’s visa—well done and thank you so much! You deserve 10/10
Weiyue WangWeiyue Wang
08:35 22 Jan 26
I would like to thank Ashu and the AY&J team for their support with my Skilled Worker visa application.The process was clear and well organised, and I always felt informed at each stage. Whenever I had questions, the team responded patiently and promptly, which really helped reduce the stress of the application.I’m grateful for their professionalism and support, and I’m happy to recommend AY&J Solicitors to anyone looking for reliable immigration advice.
Rehena ChowdhuryRehena Chowdhury
09:24 16 Jan 26
I had an excellent experience working with Dia at A Y & J Solicitors. She was professional, supportive, and clear throughout the visa process, making everything smooth and stress-free. My visa was approved without any issues, and I would highly recommend both Dia and A Y & J Solicitors for reliable visa assistance.
Abi VistaAbi Vista
11:23 14 Jan 26
Ikra at A Y & J Solicitors is spectacular. Honestly she’s so easy to work with, extremely competent and on top of it at all times. Couldn’t recommend her enough.
Daniel LampiasiDaniel Lampiasi
22:15 12 Jan 26
Imad handled my ILR application very well. Communication was quick, the checklist was clear, and he guided me through each step so the whole process felt smooth and stress-free. He answered every question promptly and kept things moving to timelines. Excellent, professional service. I’d happily use Imad again and recommend him to anyone applying for settlement or citizenship.
MuhammadMuhammad
10:51 08 Jan 26
Did a company sponsorship application with them and was pleased with their services. They did everything professionally and were meticulous with any details that the home office required. They assist us in successfully obtaining the COS and the skilled worker visa. Highly recommend.Special thanks to Imad and Yash for their dedicated support.
Julian P.Julian P.
18:41 02 Jan 26
I had a great experience with A Y & J Solicitors. Elaha Basir was very professional, knowledgeable, and helpful throughout my case. Everything was explained clearly, and I am very happy with the service. Highly recommended.
noble stonenoble stone
18:25 30 Dec 25
Fantastic service from AYJ Solicitors.Our naturalisation application was handled smoothly and professionally. Imad was outstanding — highly organised, responsive, and clear throughout the process. He made everything straightforward and stress-free.Highly recommended.
js_loader

More from AY&J Solicitors

Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected...

Three Steps Guide To Follow While Applying For Indefinite Leave To Remain

Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected...

Reasons For UK Spouse Visa Refusal

Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected...

Experience Fast and Reliable Results

Experience Fast and Reliable Results

Click here to contact usPhone icon+44 20 7404 7933WhatsApp icon+44 20 7404 7933
Call UsContact Us