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GLOSSARY

Resident Labour Market Test definition

Published by a LexisNexis Immigration expert

What does Resident Labour Market Test mean?

The advertising process undertaken by an employer to demonstrate that the role was offered to the settled workforce in the UK, when making an application under the Tier 2 (General) category of the Points-Based System.

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Brexit materials—the May government’s White Paper [Archived]

Brexit materials—the May government’s White Paper [Archived] A white paper entitled ‘The UK’s future skills-based immigration system’, outlining the UK government’s plans for the shape of the UK immigration system after Brexit, was released on 19 December 2018. The most significant change that will be brought about by the proposed new system is the end of Free Movement for European (EU) nationals. After 31 December 2020 (the end of the implementation period), UK immigration rules will apply to EU and non-EU migrants alike. The White Paper proposes several other significant changes, particularly in relation to the current framework for sponsoring skilled workers under Tier 2 of the Points-Based System (PBS), including: • scrapping the overall annual cap on sponsored work visas • lowering the skills threshold of those who qualify for sponsorship from Regulated Qualifications Framework (RQF) Level 6 to RQF Level 3 • abolishing the Resident Labour Market Test (RLMT) • reducing the bureaucratic burden on sponsoring employers The White Paper makes a wide variety of...

How the Creative Worker route operates in different fields

How the Creative Worker route operates in different fields For applications for entry clearance and permission submitted on or after 16 May 2024, when assigning a Certificate of Sponsorship in the Creative Worker route, the sponsor must ensure either that: • the applicant complies with the relevant Code of Practice, where one exists for the occupation they would be working in, or • where no relevant Code of Practice exists for the occupation, the applicant must: ◦ be performing a role in the creative industries that appears in Immigration Rules, Appendix Skilled Occupations, and ◦ be able to demonstrate that they can make a unique contribution to creative life in the UK Prior to this change, where no relevant Code of Practice existed, the role either had to appear in the Shortage Occupation List (SOL) (replaced by the Immigration Salary List from 4 April 2024) or the sponsor had to be satisfied that it could not have been filled by a settled worker, having taken into account...

Discover our 14 Practice Notes on Resident Labour Market Test

Is it possible to apply only for a Tier 2 (Intra-Company Transfer) (ICT) licence or is it necessary to apply for both Tier 2 (General) and (ICT)? If you can only apply under one tier, what considerations are relevant, eg would it improve the application's chance of success (by limiting the scope of the licence)?

Is it possible to apply only for a Tier 2 (Intra-Company Transfer) (ICT) licence or is it necessary to apply for both Tier 2 (General) and (ICT)? If you can only apply under one tier, what considerations are relevant, eg would it improve the application's chance of success (by limiting the scope of the licence)? When completing the online sponsor licence application form, an organisation may indicate the sub-tier in which it wishes to become a sponsor and may choose from one or more of the following: Tier 2 (Skilled Workers with a Job offer) • General • Intra Company Transfer • Sports people • Ministers of Religion Tier 4 (Students) • General • Child Tier 5 (Temporary Workers) • Creative and Sporting • Government Authorised Exchange • International Agreement • Religious Workers • Charity Workers It is therefore possible to apply for a sponsor licence under the Tier 2 (Intra-Company Transfer) (ICT) category, without the need to also apply for a licence under the Tier 2...

Can a Tier 2 licence holder issue a Certificate of Sponsorship (CoS) to a person who no longer has leave to enter or remain in the UK? Does it make any difference if the CoS is issued within 14 days of the expiry of leave?

Can a Tier 2 licence holder issue a Certificate of Sponsorship (CoS) to a person who no longer has leave to enter or remain in the UK? Does it make any difference if the CoS is issued within 14 days of the expiry of leave? In this Q&A we have assumed that the worker is currently in the UK. We have limited this Q&A to cover the potential issues arising where a potential sponsored worker’s leave has just, or is about to, run out. We do not discuss general requirements to be met when a Certificate of Sponsorship (CoS) is issued. It is arguable that, in many cases, so long as all other aspects of a Tier 2 sponsor’s duties are complied with in relation to the issue of a CoS, such as the conduct of a resident labour market test and satisfaction of minimum salary and skill levels, the immigration status of a new hire is irrelevant, so far as licence compliance is concerned. While...

See the 14 Q&As about Resident Labour Market Test

Immigration weekly highlights—26 June 2025

Welcome to the 26 June 2025 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

SMF blog questions Labour’s omission of hiring test

Jonathan Thomas, Senior Fellow at the Social Market Foundation (SMF) has highlighted in a blog the government’s continued omission of the Resident Labour Market Test (RLMT) from its post-Brexit labour immigration framework, despite its alignment with the Labour administration’s stated aim to reduce reliance on overseas workers. Thomas, a migration expert atSMF, notes that although the government’s White Paper confirms tighter eligibility for overseas workers, it stops short of reinstating the RLMT—which previously required employers to advertise locally before hiring abroad. The blog observes that the RLMT’s absence risks undermining the government’s narrative that immigration should supplement, not supplant, the domestic workforce. Without it, the Immigration Skills Charge (ISC)—a levy on employers hiring from abroad to fund local training—lacks a crucial complementary mechanism that would evidence employers’ efforts to hire locally first. While its removal was initially welcomed by employers as a reduction in bureaucracy, legal ambiguity around prioritising local candidates has created new concerns. Thomas remarks that employers now fear potential discrimination claims if they give preference to UK...

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