Urgent Help

[syshpradhan]

Hi!!!

Just wanted some urgent help on my current situation, if any one else has been in a similar situation:

I was in the UK on PSW till March 2012 and was working for an employer for over an year. Before my visa expired, my employer applied for sponsorship license. As it did not come in time, I returned back on unpaid leave and I am now waiting for the license to come so that the company can sponsor me,

The HR says they do not need resident labour test as though my visa is expired, I am still employed by them and they can sponsor me to switch from PSW to Tier 2.

Any inputs or experiences would be greatly appreciated.

Thanks

[Lucapooka]

Can you confirm you are indicating that you have left the UK and your PSW has now expired?

Post-study Work
86.You will be awarded 30 points if you have a Certificate of Sponsorship and are are applying to switch into Tier 2 (General) and you have or had last been granted leave to enter or remain under one of the following:
• Tier 1: Post Study category; or
[...]
Your sponsor will only be exempt from undertaking a resident labour market test if you have current leave in one of the above categories on the date of your application. If you do not have current leave on the date your application is submitted your sponsor will have to meet the appropriate resident labour market test requirements.

[syshpradhan]

Yes, my current visa has expired. How ever, my HR is confident that they can still sponsor me to switch from PSW to tier 2 without RLT as I am still employed with them.

[koolguykvs]

Yes, my current visa has expired. How ever, my HR is confident that they can still sponsor me to switch from PSW to tier 2 without RLT as I am still employed with them.

If your current visa has expired how can you switch from PSW to Tier 2.
Your HR got confused somwhere. You can switch now. If you still had your visa you wouldnt have needed any RLMT.

But now the case is first he needs to get the license then do RLMT and finally assign COS to you.

[syshpradhan]

thanks guys!!!!

My HR has emailed me:

"As you are still employed with us, we can still sponsor you without labour test". They say they are sure I don't need one!!!

Is it true that u dont need a test if you are still employed with the same employer? More ever, when they applied for license, my visa had not expired.

Also, what happens if they grant me CoS without Market test and I apply for my visa?????

Please advise[/list]

[Lucapooka]

If indeed you are still employed then you are employed as a non-resident working outside the UK, as you don't have permission to work inside the UK! However, that moot point is not relevant to your question. That being, they can't sponsor you without doing the resident labour market test as you are applying for entry clearance (a visa) rather than switching from PSW inside the UK. Tell the very uninformed person in HR to read the guidance (both for the sponsor and the applicant) or simply show them the link I have provided. Good luck.

[madona587]

Your HR is confused. They can't just make up their own laws. They have to follow the rules set by UKBA.

I think you need a RCOS and its subjected to an annual limit and RLMT.

Listen to what Lucapooka said.

[syshpradhan]

guys!!!!

I have emailed and spoke to HR regarding the clause. Now I am confused as well.

They say that they do not need RLMT as I am still employed with them.

Can any one tell me what happens if they issue me an CoS without conducting a RLMT?

I have been waiting for over two months now. Also my visa expired after they applied for license.

Please help

[GB09]

Seek a professional immigration lawyer, if you company has one, who could assess you case in reference to immigration law of uk.

[Greenie]

thanks guys!!!!

My HR has emailed me:

"As you are still employed with us, we can still sponsor you without labour test". They say they are sure I don't need one!!!

Is it true that u dont need a test if you are still employed with the same employer? More ever, when they applied for license, my visa had not expired.

Also, what happens if they grant me CoS without Market test and I apply for my visa?????

Please advise[/list]

what happens is that your application will be refused because they should not be issuing you a CoS unless they have conducted the RLMT, are paying you over £150,000 or your job is on the shortage occupation list. You are not switching from PSW. You can only 'switch' in country. You are applying for entry clearance. As others have suggested seek advice from an immigration solicitor.

[Lucapooka]

Your HR dept don't seem to understand the issues (they are not considering the fact that you are outside the UK applying for a visa) and you should not rely them to carry you through this application as, on the basis of what you have stated, it will not succeed.

[geriatrix]

Since you are outside the UK with no valid current leave, you will need to apply for "leave to enter / entry clearance" to re-enter UK.
Applications for entry clearance under Tier 2 (General) require a RCoS (Restricted CoS). Ask your HR to read clause 55 of the Tier 2 policy guidance.

[manci]

Can any one tell me what happens if they issue me an CoS without conducting a RLMT?

from the Tier 2 sponsor guidance:
558.
When you assign a CoS under Tier 2 (General) you are guaranteeing that:
a) where required, you have carried out the resident labour market test in accordance with this guidance and the relevant code of practice;…

598.
We will downgrade your licence if: …..
f) you fail to assign a new CoS (and conduct a resident labour market test where applicable) to any migrant that needs to make a change of employment application

[syshpradhan]

Hello Guys,

I am still confused. I have shown all the relevant provisions under Code of Practice to the HR. They say they are sure that since I am still employed, they do not need to carry out RLT. I am totally confused now.

Secondly, it has been over 2 months now and still the company has not been added to Register of Sponsors. Can any one please suggest how much time does it take. One of the sister companies is already on the Register, but still there is this delay.

Would be grateful, if you could provide help on both issues.

[Greenie]

Your HR department is wrong as we have already pointed out with reference to the relevant rules and guidance.