Promotion on Tier 2 - New application?

[silverchloride]

Hi,

please can someone point me to the right direction regarding intra company promotions? I've searched some old threads but it seems ambiguous.

For instance, within our company a job is first advertised internally and then externally if no one suitable is found internally. If I apply for a job and get it (get promoted - within the same SoC but more salary / responsibility) will the employer need to do a new RMLT and advertise it externally first? Or can I just be interviewed internally and be offered the new position?

Any links / guidance will be very much appreciated.

S

[O_Relly]

Interesting question. I would think employer wouldn't need to do a RLMT for an internal promotion, which is being filled in by an internal employee. As effectively, they are not hiring anyone from outside. The case of RLMT only comes into existence when company is technically hiring someone.

From
http://www.ukba.homeoffice.gov.uk/busin ... t/#header2

You do not need to complete a resident labour market test if the migrant currently has permission to stay in the UK under:

Tier 1 (Post-study work);
the International Graduates Scheme;
the Fresh Talent Working in Scotland Scheme;
the Science and Engineering Graduates Scheme;
Tier 4 as a student and they have received final results confirming that they have passed and will be (or have been) awarded a UK recognised bachelor's or master's degree;
a UK Postgraduate Certificate in Education, or
they have completed a minimum of 12 months study in the UK towards a UK PhD.

Now since you are already in the UK with a valid Tier 2, I would think you would also fall in the above category, although not listed.

Also, an employee hired, immaterial of whether settled resident / Tier 2 visa holder hired after RLMT, is expected to be promoted and grow in their career which is a natural course.

IMHO, you can be interviewed internally to fill this position. Good luck.

[Hamidg]

Hi,

I'm having the same issue and was just wondering what happened on your visa "silverchloride"? did you need a new RLMT and a new visa? I'm getting promoted soon and will need to know this ASAP. Any update from those who had the same issue is greatly appreciated.

Cheers
Hamid

[silverchloride]

Dear Hamid,

I did not get that promotion, however, since the last time I posted, my job title has been changed (but the salary is the same) with some new responsibilities. They've added the word 'Senior' in my title now. I would be interested to hear any thoughts from people who've been through this?

In your case, as the colleague mentioned above, I don't think an RLMT is required if it's an internal promotion, but remember to make sure your job is within the same SoC code and everything. Are you going to apply for a Tier 2 extension or ILR next? Ensure that your responsibilities and SoC is similar to the last one, as any changes might also mean the salary requirement and everything will change too...