Tier 2 General RLMT Exemption. Please help!!

[wImigrationId]

Hi,

Facts.
1. I have a job offer with a COS.
2. I have resigned from my current job before receiving my new Visa (I know stupid) .
3. I have yet to apply for my Visa, my Job is supposed to start on the 10th March 2014, going to apply in person coming week.
4. I am currently on Tier 2 General since April 2013.

There is one big glicth this is what the new employer has mentioned in the COS.

Have you met the resident labour market test?:Y
Give details of the resident labour market test including where and when the post was advertised and reference number(s) for mandatory advertising:Exempt clause 28.8 UK Master's degree awarded - MSc in Advanced Computer Science from University of Leicester

On further inquiring the employer assures that they have done this before and this is the best way .

Please please please advice .

Thanks in advance.

[manci]

28.8 is about Post Study work and doesn't apply to you as you currently have T2G leave. The new sponsor has to carry out a RLMT and certify in the CoS that they have done so. If they don't, or give an incorrect reason for an exemption, =your application will be refused.

[wImigrationId]

This is the reply I got from the employer
------------------------------------------------

On speaking to **** (our director who normally handles these) he believes that because you are still effectively Post-Study as you have a UK Master’s degree this should be the way to go – I wasn’t sure which path we needed to take but **** confirmed this is the path he has taken with previous cases where people were already Tier 2 but followed on from Study, because it says:-

“or as a
student and during their last grant of leave, or a continuous period of leave that includes their
last grant of leave, they have received final results confirming they:
▪ have passed and will be (or have been) awarded a UK recognised bachelor’s or master’s
degree, or”

seems to include this and previous continuous periods from your post-study Master – he also believe because it is a Post-Grad degree
there are further exemptions

Does that help?
----------------------------------

[wImigrationId]

Plus I got this on one post on Immigrationboards.com
------------------------------------------------------------------------------
Under the new immigration rule amendments in Apr 2013, you do not need to have current leave to get the exemption from RMLT. even if you have previously had visa under Tier 4 or Tier 1 PSW, then you are exempted from RLMT.
(Reference: Appendix A - Section 78 B of immigration act 1971)

[wImigrationId]

Please the post below. Please advice if I am right to assume that its correct. I have already booked an appointment for Friday the 28th Feb


http://www.immigrationboards.com/uk-tie ... ml#p841468

[manci]

for the exemptions from the RLMT see:
http://www.ukba.homeoffice.gov.uk/busin ... t/#header2

your director quoted from the T2 sponsor guidance para 28.8 but omitted to tell you the beginning of the quote:

You do not have to conduct a RLMT if the migrant you want to sponsor is applying for T2G leave in the UK ...where they have or were last granted permission to stay in the UK as a T4 migrant (which is not your case as you currently have T2 leave)
“or as a
student and during their last grant of leave, or a continuous period of leave that includes their
last grant of leave, they have received final results confirming they:
▪ have passed and will be (or have been) awarded a UK recognised bachelor’s or master’s
degree, or

[wImigrationId]

@manci you were right.

The client needs to complete RLMT if he wants to hire me. My application was rejected by UKBA.
Now I am waiting RLMT to be completed. My client has advertised the job. Fingers crossed.

Has anybody been through this process?
Could anyone please let me know what documents will I require from the client once the RLMT is completed?
I understand that I would require a COS, but my question is are there any other documents?
Also what does the client need to mention on the COS i.e. does he need to provide only the advertisement numbers, is it?

[manci]

what your prospective sponsor needs to do re. the RLMT is described in detail in para 297 and onwards in the T2 sponsor guidance:
https://www.gov.uk/government/uploads/s ... idance.pdf

[htak]

Hello manci, It seems that you're all over this.

I also did my masters here in UK and switched from PSW visa to tier 2 general without going through RLMT. Now if i want to change my sponsor, do they need to do the market test? I heard that they changed the immigration law April this year, so it might not be the case anymore.

Best of luck @ wImigrationId

[manci]

@htak
unless you are under 26 and not extending your leave beyond 3 years, or if the job is a shortage occupation, an RLMT will be needed.