Resident Labour Market Test & Immigration Skills Charge for Tier 2 Extension?

[mallysays]

Hi all,

I'm currently in my 5th year on a Tier 2 visa with the same company (first Tier 2 was for 3 years, and extension was for another 2). I did a master's in the UK and thus when I started at my company I was switching from a Tier 4 to a Tier 2. Since I did at least 12 months of study in the UK with a degree, the company was not required to conduct the resident labour market test (did not have to advertise the job for 4 weeks etc). As far as I know, they also didn't need to pay the immigration skills charge because of this.

Now I'm trying to figure out if I should apply for ILR or if my company should extend the Tier 2 visa for one more year. If they extend it, they still don't have to do the RLMT or pay the immigration skills charge do they?

I'm pushing for ILR instead but my company is disorganised and they will probably end up doing the Tier 2 in a rush.

Many thanks, M

[zimba]

No they often do not have to do that unless they change your job and SOC however the suggestion is go for ILR. You seem to believe that your employer must sort out your immigration on your behalf. That is often not the case in the UK. Aim for ILR even if it means preparing everything yourself and paying for it, it is pretty straightforward and majority of Tier 2 applicants do it themselves. With ILR you do not have to deal with immigration issues anymore.