As there has been some uncertainty regarding the Resident Labour Market test, please see below instances where the rest does NOT apply.
Tier 2 employers can offer a job to some people without having to meet all of the provisions of the resident labour market test. This applies to you if you fall into one of the following categories:
- Your job is on the shortage occupation list for the UK (or for Scotland only if you are going to work in Scotland); or
- Your job is on the list of PhD level jobs; or
- You meet all the requirements of the post-study work exemption; or
- Your salary will be £152,100 or higher (if you are recruited on or after 6 April 2014, this increases to £153,500); or
- You will be continuing to work as a doctor or dentist in training, or you will be working as a speciality doctor in training and your wage and training costs will be met by the government of another country; or
- If your application is decided on or after 6 April 2014, you are applying for leave in order to resume a post in a higher education institution, and you will be employed by the same sponsor as under your previous grant of Tier 2 (General) leave and your break in employment was solely due to a period of academic leave.
Please note that in every other instance the test WILL apply, be it in country or out of country.