Tuesday, 24 November 2009

Changes to the advertising period for the Resident Labour Market test - Tier 2 (General)


The UKBA announced today that the Migration and Advisory Committee’s recommendation that job vacancies should be advertised for longer before a Tier 2 (General) Certificate of Sponsorship can be issued will be implemented on 14 December.

The other recommendations (aside from changes to allowances) will continue to be implemented in April. 

Thus  from 14 December all vacancies will have to be advertised for a minimum of 4 weeks both at Job Centre Plus and as per the relevant Code of Practice.  The exemption for advertising in Job Centre Plus for some senior roles will remain in place.  


Employers will have the option of advertising:

  • for one four week block or 
  • running an advert for separate 2 week periods or 
  • for 1 week plus 3 weeks within a 3 month window. 



If the post cannot be filled by a resident worker identified from the first 2 weeks of advertising, a second advert must be placed to further test the resident labour market. In practice it may be less of an administrative burden for employers to advertise for a consecutive 4 week period.


Adverts which placed before the 14 December will not be caught by this change.

Actions for employers 
  • This change needs to be communicated to everyone involved in the recruitment process so that procedures and systems can be amended  
  • Any impact on timelines for potential candidates should be assessed - going forward Tier 2 applications are going to take at least 2 weeks longer.

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