Advertising requirements
Departments and colleges are only required to meet the UK Border Agency's advertising requirements (called the Resident Labour Market Test) when requesting an in-country Tier 2 Certificate of Sponsorship for one of following categories of migrant:
- those currently on a Tier 2 or old-style work visa sponsored by another organisation;
- those currently on a Tier 2 or old-style work visa sponsored by the University but who will be changing jobs within the University to a different type of role (e.g. a researcher taking up a new post as a University Lecturer)
Before applying to the Work Permits Desk for a Tier 2 Certificate of Sponsorship, departments and colleges must ensure that they have met the UK Border Agency's advertising requirements (called the Resident Labour Market Test).
University teaching and/or research posts must have been advertised within the twelve months before the date of issue of a Certificate of Sponsorship.
All other posts (e.g. administrative and IT posts) must have been advertised within the six months before the date of issue of a Certificate of Sponsorship.
Departments and colleges who require a Certificate of Sponsorship for a researcher named on a grant award do not need to show that they have advertised the post according to UK Border Agency requirements, but instead must provide a copy of the grant award letter naming the migrant and confirming their salary, start date and period of funding.
Departments and colleges should also note that there is no requirement to meet the UK Border Agency's advertising requirements where the post has an annual salary of £152,100 or more.
Length of time adverts need to appear.
Adverts used to support a Tier 2 Certificate of Sponsorship application must be placed for a minimum of four calendar weeks. The four weeks do not need to be consecutive. For example, adverts may be placed for two weeks in the first instance, and if no suitable resident workers are found, the same advert must be placed for a further two weeks before a Tier 2 Certificate of Sponsorship can be issued. However, each period of advertising must be at least one week.
Where adverts need to be placed.
University research and/or teaching posts, and any post with an annual salary of £71,000 or more, must be advertised in TWO locations which both meet the UK Border Agency's Criteria for suitable media, as a minimum. Please note that the two locations do not need to be two different types of media and can be, for example, two different websites. Suitable locations include the University’s main vacancies web page and the Jobs.ac.uk website.There is no requirement to advertise these posts on JobCentre Plus.
All other posts (e.g. administrative and IT posts) must be advertised on both (i) JobCentre Plus and (ii) either the University’s main vacancies web page, or one other place which meets the UK Border Agency's Criteria for suitable media, as a minimum.
Please see the guidance on Advertising on JobCentre Plus 
(29kb) , which includes details of the services provided by the TMP Worldwide (formerly Tribal Advertising Agency).
Colleges are unable to place adverts on the University website so should ensure that they refer to the UK Border Agency's Criteria for suitable media in order to determine other acceptable places to advertise.
| Type of Medium | Criteria for suitable media |
|---|---|
| Newspaper |
Must be:
|
| Professional journal | Must be:
|
| Website | Must be one of the following:
|
Departments and colleges must also check the relevant Code of Practice to ensure that the salary of the post meets the minimum salary level, for a 'New Entrant' or 'Experienced Worker' as appropriate†, detailed in the Code of Practice, or £20,300 per annum, whichever is the higher.
† The UK Border Agency defines ‘New Entrant’ applicants as being:
- graduates switching from Tier 1 (Post-study Work) or Tier 4 into Tier 2 under the post-study provisions; and
- anyone aged 25 or under on the date of their Tier 2 visa application.
(However, in all cases, applicants will not be classed as new entrant employees if they are applying to extend their total stay in Tier 2 and/or as a work permit holder beyond 3 years and 1 month.)
‘Experienced Workers’ may be defined as:
- anyone not switching into Tier 2 under the post-study provisions and aged 26 or over on the date of their Tier 2 visa application;
- anyone wishing to extend their total stay in Tier 2 and/or as a work permit holder beyond 3 years and 1 month.
For example, the Code of Practice for University Lecturers (SOC 2311) gives a minimum salary level for this type of post as £23,800 per annum for a 'New Entrant' and £30,000 per annum for an 'Experienced Worker'. The minimum salary required for a migrant to obtain enough points to apply for a Tier 2 visa is £20,300. Therefore, in order to obtain a Certificate of Sponsorship for a Lecturer post, the salary must be at least £23,800 if the applicant would be considered to be a 'New Entrant' or £30,000 if the applicant would be considered to be an 'Experienced Worker'.
Content of adverts.
All advertisements used to support a Tier 2 Certificate of Sponsorship application must include the following details:
- job title; e.g. Postdoctoral Research Assistant
- main duties and responsibilities of the job; e.g. to design and synthesise probes of enzymes and study the kinetics of enzymes, analyse data, publish results
- location(s) of the job; e.g. Chemistry Research Laboratory, Oxford
- salary package or range, and the terms on offer; e.g. £29,541 - £36,298 per annum, fixed term for 2 years (please note that the salary range quoted must include the salary actually paid)
- qualification(s) required; e.g. PhD in Chemical Biology or Bachelor/Master's degree and close to completion of a PhD
- skills and experience needed; e.g. thorough working knowledge of organic synthesis, good publication record
- the closing date for applications; e.g. 30 October 2012
It is recommended that advertisements also contain a direct web link to the further particulars for the post.
Departments and colleges should note that a certificate cannot be issued unless all advertisements used to support the Tier 2 Certificate of Sponsorship application contain the above information.
Departments and colleges should also note that a certificate cannot be issued where the migrant is to be paid a salary outside the advertised salary range. Therefore, departments and colleges are advised to include the discretionary range in advertisements where there is a possibility that the selected candidate may be paid within this range.
In addition, a certificate cannot be issued where the advertisement quotes a specific start date for the post and the department or college then wants the migrant to start before, or significantly after, the advertised start date. Therefore, departments and colleges are advised to consider very carefully whether to quote a specific start date.
Record-keeping requirements.
Where internet advertising is used, a printout of the advertisement as it appears on the website must be made on the first day that the advert appears. As well as showing the content of the advert, the printout must show the name and logo of the host website, date of printing and URL.
Where print media are used, the original page containing the advert must be sent to the Work Permits Desk (a photocopy is not acceptable) with the Certificate of Sponsorship application.
For JobCentre Plus adverts, a printout of the advertisement as it appears on the website must be made on the first day that the advert appears. Again, the printout must show the JobCentre Plus name and logo, date of printing and URL as well as the content of the advert.