The period jobs must be advertised at a Jobcentre Plus before they can be offered to workers from outside the EEA increases to four weeks from 14 December 2009.
Under Tier 2 of the Points-Based System of Migration (PBS) jobs cannot be offered to non-EEA migrant workers until the employer has proved that the post cannot be filled by a worker from within the EEA. The Resident Labour Market Test (RLMT) currently requires the post to be advertised for two weeks, unless the salary is £40,000 or more when the limit is one week.
The
change applies to recruitment that begins on or after 14 December 2009 and employers that have already run advertisements need not re-advertise in order to meet the new requirements. In addition, the four week advertisement period does not have to be continuous so employers can advertise for shorter periods of time, so long as, in total, they have advertised for four weeks before they issue a Certificate of Sponsorship. Updated guidance for Tier 2 sponsors will be published on the UK BA website on 14 December 2009.
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