Tier 2 of the points-based system of immigration – Skilled Migrants (General) – is the route which enables UK employers to employ nationals from outside the resident workforce to fill a particular job that cannot be filled by a settled worker.
Before issuing a certificate of sponsorship, one of the requirements for employers is to ensure that the vacancy-filling process complies with the ‘resident labour market test’. To this end, since 31 March 2009, vacancies under this Tier must first be advertised to settled workers with the government agency Jobcentre Plus and via one other advertising method permitted by the relevant code of practice. There is an exception to the rule with regard to vacancies for jobs that fall under the Standard Occupational Classification SOC 1112. The UK Border Agency (UKBA) recognises that Jobcentre Plus is not a suitable agency with which to advertise very senior roles, but all other resident labour market test requirements, as set out in the relevant code of practice, must still be met when filling such vacancies.
From 14 December 2009, the resident labour market test was extended to four weeks for all jobs instead of the previous requirement to advertise a post for two weeks, or one week where the salary was £40,000 or more.
The four-week period need not run continuously. Where it is envisaged that resident workers will be readily available, the job can initially be advertised for a shorter period. Only if there are no resident workers available to fill the vacancy is it necessary to advertise for a further period.
Updated guidance for Tier 2 sponsors is available at http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/employingmigrants/residentlabourmarkettest/.
In addition, the Government has accepted in full the recommendations of the Migration Advisory Committee for a revised shortage occupation list for Tier 2 of the points-based system of immigration. The revised list applies to all certificates of sponsorship assigned on or after 14 December 2009.
The revised shortage occupation list can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist.pdf.
Partner Note
See the UK Border Agency press releases of 12 and 24 November at http://www.ind.homeoffice.gov.uk/news-and-updates/?area=Employers.