Labour have indicated that they might reinstate the Resident Labour Market Test as part of their immigration policy. But what is the Test, and what does it mean for employers?
The Resident Labour Market Test (RLMT) previously applied to employers looking to sponsor and hire migrant workers under the Tier 2 (General) work visa. The RLMT required such employers to prove that the role in question could only be performed by a non-EEA national, by advertising the role in at least two “acceptable” places for at least 28 days. In order to comply with the RLMT, job adverts needed to meet strict criteria as to the information included.
The intention behind the RLMT was that it would encourage greater recruitment of domestic workers in the UK, in two ways:
- By forcing employers to advertise the role and engage in the domestic labour market, employers would be more likely to attract applications from domestic workers and potentially find appropriate domestic candidates.
- By imposing onerous obligations on employers, such as strict content requirements for adverts and the 28-day minimum timeline, the RLMT made the process of sponsoring a migrant worker for a role a less attractive prospect.
The RLMT was abolished with the introduction of the Skilled Worker visa, which replaced the Tier 2 (General) work visa. This has meant that employers looking to sponsor and hire migrant workers no longer need to place job adverts, nor otherwise prove that they have tried to fill the vacancy using the domestic labour market. As a result, it has become far easier to quickly fill roles with migrant worker applicants, particularly given that there is no longer a fixed delay caused by the 28-day timeline which existed under the RLMT.
However, the Labour party have indicated that they might consider reintroducing the RLMT – a proposal which they may now act on, following their success in the 2024 General Election. Sources from within the party reportedly told the Telegraph that they would “keep the case for an RLMT under review”.
In 2023, Stephen Kinnock, the then shadow immigration minister, had said “We want to review the decision around scrapping the resident labour market test. I personally have major question marks about whether that was the right thing to do” – though Mr Kinnock has since been appointed minister for social care in Keir Starmer’s cabinet, somewhat distancing him from immigration policy.
Labour’s manifesto and comments from home secretary Yvette Cooper suggest that Labour’s priority as regards immigration policy will be to reduce UK business’ reliance on migrant workers, particularly in shortage occupations, but that this will primarily be done through an increased focus on training and upskilling domestic workers.
It remains to be seen whether this approach, which is more carrot than stick, will have the desired effect of reducing reliance on migrant workers. If Labour ultimately determine that a greater deterrent effect is required in order to push UK businesses towards domestic workers, the reintroduction of the RLMT may remain on the cards.
The form that a reintroduced RLMT might take is unknown. If Labour wanted to make the test less onerous than in its previous form, they could reduce the mandatory timeline from 28 days to 14 days – though, arguably, watering the RLMT down in this manner could result in a middle ground that is neither popular nor effective.
You can read more about Labour’s immigration policy proposals here. We will keep you updated regarding any changes in the UK Government’s immigration policy. If you would like any support with sponsoring and hiring migrant workers, or with making a work visa application, please get in touch at [email protected]
