RLMT Exempt?

[madhusudana]

I am currently working as a permanent employee on Tier 2 ICT Dependant visa which was first issued before 2010.

For my employer to sponsor Tier 2 General visa should they conduct RLMT if i were to continue the same occupation?

In the RLMT exception section from the Resident labour market test mentioned in document Tier 2 & Tier 5 Version 04/14, will i not be
eligible for exempt from point mentioned in 28.5:

Exemptions from the resident labour market test
Continuing to work in the same occupation
28.5 If the migrant is already working for you and they need to extend their leave to continue
working for you in the same occupation, you do not need to conduct a resident labour market test.

Please Clarify

[ilrcandidate]

That is applicable you were initially sponsored by them and you are applying to extend your leave which is not the case in your scenario as this is the first time they will be sponsoring you, hence you will be subject to RLMT unless the job is on shortage of occupancy list. You will need a restricted CoS and you will need to apply for entry clearance from your home country.

[madhusudana]

Many Thanks for the clarification.

[jhabak]

HI there

I am exactly in the same situation as yours and my employer has agreed to sponsor me and advised me to work on the paperwork for it.
Can you help me with the following?
Did you have to take a RLMT finally?
If yes, what were the advt your employer had placed
What kind of proof did you submit with the application to prove RLMT?
Is there a minimum amount of time I should have been working for my employer before they can apply for a RLMT for me?

Many thanks in advance

[manci]

@jhabak
if your employer where you work as a PBS dependant wants to sponsor you under T2G they should carry out an RLMT. The rules are @ section 28 of the sponsor guidance:
https://www.gov.uk/government/uploads/s ... _04-14.pdf
An RLMT is valid for 6 months.

It is essential for the job to be NQF level 6 with appropriate salary according to the codes of practice.

Once the RLMT has been successfully completed your employer (assuming they are T2G licensed sponsors) should apply for a restricted CoS. When this is approved and the CoS is assigned you return to your home country and apply for T2G entry clearance from there. After 5 years on T2G you will be eligible for ILR (there is a salary threshold).

[jhabak]

Hi Manci

Thanks a lot for your response.

My employer has placed the ad in a leading web portal for the same position and we are confused whether I should be applying for this job as well as a part of the RLMT test.

Also are there any other precautions/processes I/my sponsor needs to follow to be compliant?

KJ

[manci]

Hi Manci

Thanks a lot for your response.

My employer has placed the ad in a leading web portal for the same position and we are confused whether I should be applying for this job as well as a part of the RLMT test.
Also are there any other precautions/processes I/my sponsor needs to follow to be compliant?
KJ
The RLMT must be carried out according to the rules described in section 28 of the T2 sponsor guidance otherwise it will not be valid. You needn't respond to the RLMT advertisements

[jhabak]

HI Manci

I am a bit confused here now.

The ad is placed as per the guidelines I would assume (as they are existing Category A licensed sponsors and have done this already for another colleague).

Also if I dont have to apply for the job, how will the company prove that I am the only candidate amongst UK/EU/EEA candidates applied?

Please pardon my ignorance and lack of knowledge here, the main reason I look forward to your expert advice/info here!

KJ

[manci]

HI Manci

I am a bit confused here now.

The ad is placed as per the guidelines I would assume (as they are existing Category A licensed sponsors and have done this already for another colleague).

Also if I dont have to apply for the job, how will the company prove that I am the only candidate amongst UK/EU/EEA candidates applied?

Please pardon my ignorance and lack of knowledge here, the main reason I look forward to your expert advice/info here!
The company can only assign a CoS to you if there is no suitable candidate from the settled workforce as evidenced by the RLMT
KJ

[jhabak]

Which means we wait for 28 days and if not CV or applications comes, it means they are free to issue for CoS for me?
how does this process really work?