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Recent changes to employing migrant workers

Issue 34 - February 2010

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The rules for advertising vacancies in order to employ migrant workers have recently changed...

All jobs advertised on or after 14 December 2009 must now be advertised for at least 28 calendar days instead of the normal 2 weeks under the old rules (or 1 week where the salary for the role was over £40,000).

 

Resident labour market test

 

The resident labour market test, as it is known, can be carried out in one of two ways:

• advertise the vacancy for a single continuous period, with a minimum closing date of 28 calendar days from the date the advertisement first appeared; or
• advertise the vacancy in two stages i.e. initially advertise the vacancy for 14 calendar days. If a suitable settled  worker is identified, you can appoint them straight away. However, if no suitable settled worker is identified, you must advertise the vacancy for a further 14 days, making 28 calendar days in total. 

The period of advertising starts from the date the advertisement first appears.

You do not have to complete a resident labour market test before sponsoring a migrant under the tier 2 (General) category if:

i) the job is on the shortage occupation list; or

ii) the migrant you want to sponsor is already employed by you and currently has permission to stay in the United Kingdom under specific schemes as listed on the Home Office website.

Advertising Methods

To complete a resident labour market test for any other job in the tier 2 (General) category, you must use the advertising methods permitted by the Code of Practice for the sector or job.

The advertisement must include:

• the job title;
• the main duties and responsibilities of the job (the job description);
• the location of the job;
• an indication of the salary package, or salary range, or terms on offer; 
• the skills, qualifications and experience needed; 
•  the closing date for applications.

All jobs advertised to settled workers must now be advertised:  

• in the Jobcentre Plus; 
• using one other method permitted by the relevant Code of Practice (unless there is no code of practice for the job).

Further Information

For further information please visit the Home Office website http://www.ukba.homeoffice.gov.uk. Alternatively if you have any queries about the above article, or any other HR related issue, please contact your HR department or if you are an existing HR Outsourcing Client please contact our HR Advice Line on 0845 299 0243.