Tier 2 Sponsorship for an Existing Employee

[aja]

Hello,

I am in UK since Jan 2012 and started my employment with my present employer in June 2012 and have been with them since then.

My present employer is currently not in the UKBA sponsorship list at the moment. However, they are willing to apply for sponsorship in Jan - Feb 2014.

My question is :
Even though i have been employed with the same company for more than a year in UK, once they receive the rights to sponsor and apply for COS< will they still have to go through the resident market labour test ?

Reason for me to ask such a question, is because, i had read elsewhere that, if the employee is already employed in the organization for a period of time, then resident market labour test can be exempted.

Could the experts share your thoughts on this please.

Many Thanks

[geriatrix]

What is your current immigration status?

[aja]

@sushdmehta

I am on Tier 2 ICT Long Term Partner visa (Dependant visa), which is valid till 2015 Jan.

Hope the information helps, do please let me know if any more information is required.

[manci]

As a PBS dependant you can work without restrictions (unless you are a doctor or dentist in training).

If you want to change your immigration category to T2G you will need a restricted CoS and the sponsor will have to do a RLMT unless the job is on the shortage occupation list or your pay is going to be £152,100 or more. There are also other conditions regarding the job and the salary.

You can only apply for entry clearance from your home country.

[aja]

As a PBS dependant you can work without restrictions (unless you are a doctor or dentist in training).

If you want to change your immigration category to T2G you will need a restricted CoS and the sponsor will have to do a RLMT unless the job is on the shortage occupation list or your pay is going to be £152,100 or more. There are also other conditions regarding the job and the salary.

You can only apply for entry clearance from your home country.

Thanks Maci,

The reason to ask my present employer to help out with a Tier 2 General Visa and before that to get the rights to sponsor from UKBA is;

1. As presently in Tier 2 ICT Longterm dependent visa, i assume even after 5 years of being in country , we do not qualify for ILR right ? (date of entry into country is Jan 2012, first and only entry)

2. If at all the primary visa holder, has the project completed and has to return back to home country, me as a dependent will have to return as well right ?

Based on your reply, can i assume that, even if i am employed with the same employer for more than a year and once the employer gets the rights to sponsor from UKBA, still the regular RLMT has to be conducted right ?

Moreover, on a general note :- Since the Tier 1 General is closed and the only employment route available, which eventually leads to ILR is Tier 2 General at the moment right ? Or do you think a new work based Visa category or Tier 1 General or something similar may open up in near future ?

Many Thanks in Advance

[manci]

As a PBS dependant you can work without restrictions (unless you are a doctor or dentist in training).

If you want to change your immigration category to T2G you will need a restricted CoS and the sponsor will have to do a RLMT unless the job is on the shortage occupation list or your pay is going to be £152,100 or more. There are also other conditions regarding the job and the salary.

You can only apply for entry clearance from your home country.

Thanks Maci,

The reason to ask my present employer to help out with a Tier 2 General Visa and before that to get the rights to sponsor from UKBA is;

1. As presently in Tier 2 ICT Longterm dependent visa, i assume even after 5 years of being in country , we do not qualify for ILR right ? (date of entry into country is Jan 2012, first and only entry)

2. If at all the primary visa holder, has the project completed and has to return back to home country, me as a dependent will have to return as well right ?

Based on your reply, can i assume that, even if i am employed with the same employer for more than a year and once the employer gets the rights to sponsor from UKBA, still the regular RLMT has to be conducted right ? see above

Moreover, on a general note :- Since the Tier 1 General is closed and the only employment route available, which eventually leads to ILR is Tier 2 General at the moment right ? Or do you think a new work based Visa category or Tier 1 General or something similar may open up in near future ? Although T1G is closed there are other sub-categories in Tier 1 still open:
http://www.ukba.homeoffice.gov.uk/visas ... ing/tier1/
As to the future - no crystal ball

Many Thanks in Advance