I am currently on a Tier 4 student visa doing a professional course. I entered in to the UK on a student visa 6 years ago and then I got PSW after doing masters degree. After PSW, I again applied for Tier 4 which I am on currently now.
I have got a job offer which is in line with the Minimum salary requirement for that type of jobs, but I am afraid that job offer is through recommendation and not through proper application. So if the employer were to advertise that job, it will definitely attract people from UK/EU and I will lose out on Resident Labour Test.
My question is, since I previously had Masters degree on a student visa as well as Post-Study Work visa after my MSc, would I be able to apply for Tier 2 visa for that job without my employer having to pass the Resident Labour Test?
3 Points in the guidance which confuse me. This is what the guidance says:
The fact that I am studying a Professional Qualification, the Tier 4 exemption does not apply to me, but should I apply on the basis of my previous Student Visa or Post-Study Work visa?Post-Study Work
92.You will be awarded 30 points if you have a Certificate of Sponsorship and are applying to
switch into Tier 2 (General) and you have, or were last granted entry clearance, leave to
enter or leave to remain
Tier 4 students/previous student categories
93.You will be awarded 30 points if you have a Certificate of Sponsorship and are applying
to switch into Tier 2 (General) and you have or were last granted entry clearance, leave to
enter or remain
AND YOU MUST MEET ALL OF THE FOLLOWING REQUIREMENTS (FURTHER DETAILS
OF WHICH ARE GIVEN BELOW):
• you have successfully completed and passed a UK recognised bachelor’s or master’s
degree; or UK Postgraduate Certificate in Education (PGCE) or Professional
Graduate Diploma of Education (PGDE); or you have completed a minimum of 12
months study in the UK towards a UK PhD during your last grant of leave or period of
continuous leave which includes your last grant of leave; and
• your period of study and/or research towards your award was undertaken whilst you
had entry clearance, leave to enter or leave to remain in the UK and you were not
subject to a restriction preventing you from undertaking a course of study and/or
research; and
• you studied for the eligible award at a UK institution that is a UK recognised or listed
body, or holds a sponsor licence under Tier 4 of the Points-Based System; and
• you are applying from inside the UK.
Your sponsor will be exempt from undertaking a resident labour market test. Please note your
application to switch will be refused if you do not meet all of the above requirements, even if
your sponsor has chosen to conduct a resident labour market test.
Qualifications that are not acceptable
97.Qualifications that cannot be used for the award of points include:
• Foundation degrees;
• Honorary degrees;
• Qualifications awarded in the UK by overseas awarding bodies;
• Qualifications undertaken solely at an overseas campus of UK institutions;
• Postgraduate certificates and diplomas (except PGCE/PGDE);
• Professional qualifications (whether or not they are of an equivalent level) that are not
degrees
Any clarification will be much appreciated.
Thanks and regards