Extending my LTR in Tier 2 General

[mirosgrimaldi]

Hi All,

My current leave to remain under Tier 2 General is finishing(after 3 yrs) on March next year and I will be applying for further leave to remain(extending).

When I originally applied for this, I was switching from PSW to Tier 2 General and I was exempted of the Resident Market Labour Tests.

This is my question, for the extension I will be applying in February 2014(I will have a new unrestricted COS), does my company needs to advertise my current position, etc in order to comply with RLMT? Or do I get exempted as I was before? Take into account that my current stay was given under the old rules before April 2011.

Could someone please give me some information about this? I will really appreciate any help.

Many Thanks in advance.
Miros

[manci]

http://www.ukba.homeoffice.gov.uk/busin ... arkettest/

[mirosgrimaldi]

Hi Manci,

Many Thanks for your reply and the link provided. However, I'm still uncertain of the answer.

The position I currently hold and for which I applied under the old rules (before April 2011) was at that point a valid position with no level attached, for which is now fallen as a profession with NQF3 (lowest).

Therefore, it seems that it will be very unlikely for me to be the only succesful applicant and also it is not justified to request a higher level of education for that post(I currently hold a Master's level).

Furthermore, this could not be an extension of my current visa(I'm holding same position with the same employer).

Am I right to assume that I will have to comply with a RLMT should I decide to extend my current visa? If so, it seems to be quite unfair not to be able to extend for a job that I have succesfully done for the past 3 yrs.

Could someone perhaps advise?

Many Thanks in advance,
Miros

[imam.asad]

H Miro,

I am in the same boat. My visa extension is due in Jan-2015. The tier 2 guidance has confused in the sense extension is not mentioned in the RLMT exemption list, however, the attributes segment says you can claim 30 points if you are extending.

Will really help if someone can clarify it.

Regards,
Asad

[mirosgrimaldi]

Hi Asad,

I've been reading the policy guidance for Tier 2 and I think I found the information we were looking for.

Apparently if you are extending on Tier 2 (only 28 days before your current leave expires), 'A resident labour market test is NOT required for extension applications' as long as you are in the same position with same employer'

In addition, 'Your salary must be at least the same, or higher, than that shown on your Certificate of Sponsorship for your previous grant of leave'.

You can find this and further information under the current Policy Guidance for Tier 2, there is a section for extensions in page 44 and specifically paragrapgh 204 mentions that a RLMT is not needed for extensions. The link is:

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

I was wondering if someone can confirm that the information found is accurate and correct?

Many Thanks in advance,
Miros

[imam.asad]

Miros my man what a relief phew! Surprised we missed it earlier. For sure UKBA's writing is so contradictory in documents. I think they have created so many permutation and combinations that they have begun to confuse themselves or they intentionally want to confuse us so we make mistakes.