In order to sponsor and individual for a skilled job that does not come under the Occupation Shortage List the sponsor must first complete a Resident Labour Market test (RLMT), as this falls outside of the UK under Tier General visa. The test will demonstrate that there is no suitable settled worker in the UK who can carry out the job, therefore the hiring of a foreign worker is required.
As a sponsor, when applying for a certificate of sponsorship (CoS) you will need to demonstrate that the RLMT has been carried out, unless the post is on the occupation shortage lists, the only exemption being nursing posts which do come under the occupation shortage list, however, employers will still need to carry out an RLMT before recruiting a non-EEA nurse.
Unless an exemption applies, all jobs must be advertised to settled workers for Tiers 2 and 5 for 28 calendar days.. You can advertise jobs in two ways by either advertising the vacancy for a single continuous period, with a minimum closing date of 28 calendar days from the date the advertisement first appeared. Alternatively this can be done by advertising the vacancy in two stages, with each stage being advertised for no fewer than 7 calendar days but where both stages total a minimum of 28 calendar days. You must place two advertisements using the methods outlined by the Home Office.
There are additional requirements which can be onerous to meet which is why we recommend you discuss this with a legal expert in order to make certain you have adhered to the criteria; avoiding any future problems that could occur from non compliance.
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