The following Immigration practice note provides comprehensive and up to date legal information covering:
An employer will be required to carry out a Resident Labour Market Test (also referred to as RLMT) before they can apply for a restricted Certificate of Sponsorship (RCoS), if relevant, and/or assign a Certificate of Sponsorship (CoS) under Tier 2 (General), unless:
they already employ a sponsored migrant who is in a relevant immigration category and is seeking to extend their stay to work in the same occupation, or
a specified exemption applies
The rationale behind the test is to ensure that there is no suitably-qualified or skilled settled worker available in the UK to take the role. It should be noted that the May government, in its White Paper on the options for the post-Brexit immigration system, accepted the recommendation of the Migration Advisory Committee (MAC) that the test should be abolished. See Practice Note: Immigration after Brexit: the government White Paper. The MAC’s view was that the high level of bureaucracy involved the current test outweighed any economic benefit (see Practice Note: Brexit materials—Migration Advisory Committee report on the impact of EEA migration to the UK). The MAC came to the same conclusion in its subsequent report on ‘A points-based system and salary thresholds for immigration’ of 28 January 2020, which was commissioned by the Johnson government. The Home Office’s final policy statement on the ‘new points-based immigration system’ it intends to
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