Exemption from Resident Labour Test??

PPS832 · Post by **PPS832** » Fri Aug 22, 2014 12:48 pm

Hello,

I am currently on a Tier 4 student visa doing a professional course. I entered in to the UK on a student visa 6 years ago and then I got PSW after doing masters degree. After PSW, I again applied for Tier 4 which I am on currently now.

I have got a job offer which is in line with the Minimum salary requirement for that type of jobs, but I am afraid that job offer is through recommendation and not through proper application. So if the employer were to advertise that job, it will definitely attract people from UK/EU and I will lose out on Resident Labour Test.

My question is, since I previously had Masters degree on a student visa as well as Post-Study Work visa after my MSc, would I be able to apply for Tier 2 visa for that job without my employer having to pass the Resident Labour Test?

3 Points in the guidance which confuse me. This is what the guidance says:

Post-Study Work
92.You will be awarded 30 points if you have a Certificate of Sponsorship and are applying to
switch into Tier 2 (General) and you have, or were last granted entry clearance, leave to
enter or leave to remain

Tier 4 students/previous student categories
93.You will be awarded 30 points if you have a Certificate of Sponsorship and are applying
to switch into Tier 2 (General) and you have or were last granted entry clearance, leave to
enter or remain

AND YOU MUST MEET ALL OF THE FOLLOWING REQUIREMENTS (FURTHER DETAILS
OF WHICH ARE GIVEN BELOW):

• you have successfully completed and passed a UK recognised bachelor’s or master’s
degree; or UK Postgraduate Certificate in Education (PGCE) or Professional
Graduate Diploma of Education (PGDE); or you have completed a minimum of 12
months study in the UK towards a UK PhD during your last grant of leave or period of
continuous leave which includes your last grant of leave; and
• your period of study and/or research towards your award was undertaken whilst you
had entry clearance, leave to enter or leave to remain in the UK and you were not
subject to a restriction preventing you from undertaking a course of study and/or
research; and
• you studied for the eligible award at a UK institution that is a UK recognised or listed
body, or holds a sponsor licence under Tier 4 of the Points-Based System; and
• you are applying from inside the UK.
Your sponsor will be exempt from undertaking a resident labour market test. Please note your
application to switch will be refused if you do not meet all of the above requirements, even if
your sponsor has chosen to conduct a resident labour market test.

Qualifications that are not acceptable
97.Qualifications that cannot be used for the award of points include:
• Foundation degrees;
• Honorary degrees;
• Qualifications awarded in the UK by overseas awarding bodies;
• Qualifications undertaken solely at an overseas campus of UK institutions;
• Postgraduate certificates and diplomas (except PGCE/PGDE);
• Professional qualifications (whether or not they are of an equivalent level) that are not
degrees

The fact that I am studying a Professional Qualification, the Tier 4 exemption does not apply to me, but should I apply on the basis of my previous Student Visa or Post-Study Work visa?

Any clarification will be much appreciated.

Thanks and regards

North Pole · Post by **North Pole** » Fri Aug 22, 2014 7:00 pm

I believe as your current status is student visa, its likely the HO would ask for RLMT for that position, unless if it falls under shortage occupation list or its been paid more than £150k. Even though if you are under PSW, you should be working for that employer for at least 6 months, so that you can exempt not to have an RLMT. hope this helps!

PPS832 · Post by **PPS832** » Sat Aug 23, 2014 10:16 am

Hey North Pole,

Thanks for your reply.

The job does fall under shortage occupation list but it has not been advertised.

Also, would you have a link where it tells you about the 6 months rule? I have heard about that too and have been looking for it in guidance but I couldn't find it anywhere.

It will be appreciated if you could..

Thanks.

Frontier Mole · Post by **Frontier Mole** » Sat Aug 23, 2014 1:09 pm

@North Pole
Your advice is misleading and mostly inaccurate, either read the guidance or stop giving advice.

Frontier Mole · Post by **Frontier Mole** » Sat Aug 23, 2014 1:29 pm

PSW rule regarding having to work for employer for six months was killed off a couple of years back - so ignore that!

Shortage occupation - the rules differ depending on what occupation it is. Chefs have different rules to say the narrow band of IT roles that are still on shortage list.

You qualify for RLMT exemption as you meet the criteria You have a UK masters degree and curently hold a tier 4 visa. This assumes you have always had continuous leave in the UK. The guidance states:

f) they have, or were last granted permission to stay in the UK as a Tier 4 migrant or as a student and during their last grant of leave, or a continuous period of leave that includes their last grant of leave, they have received final results confirming they:
▪have passed and will be (or have been) awarded a UK recognised bachelor’s or master’s degree, or
▪have passed and will be (or have been) awarded a UK Postgraduate Certificate in Education, or
▪have passed and will be (or have been) awarded a Professional Graduate Diploma of Education, or
▪have finished a minimum of 12 months study in the UK towards a UK PhD.

PPS832 · Post by **PPS832** » Sat Aug 23, 2014 2:02 pm

Hello Frontier Mole,

Thank you for your detailed reply.

The only confusion I had was the wordings in the guidance.

When it says 'last' do they mean the 'latest' or it could also be 'previously' granted permissions?

I assume from your reply that as long as I've had a continuous leave to remain in the UK, I can apply on the basis of my previous visa, even though my current qualification will not be acceptable since it's a professional qualification. That means I can get exemption based on my old Student Visa as well as Post-Study-Work visa!

Please enlighten me if I am wrong in that.

Thanks & regards.

Frontier Mole · Post by **Frontier Mole** » Sat Aug 23, 2014 2:19 pm

Last grant of leave - your current visa type eg tier 4 in your case.
Can I ask what is the shortage role?

PPS832 · Post by **PPS832** » Sat Aug 23, 2014 2:26 pm

It's of a Certified Accountant.

Frontier Mole · Post by **Frontier Mole** » Sat Aug 23, 2014 3:03 pm

That is not a shortage occupation

PPS832 · Post by **PPS832** » Sat Aug 23, 2014 4:28 pm

As in? Then which jobs are in Shortage Occupation List?

samaygrg · Post by **samaygrg** » Sat Aug 23, 2014 10:27 pm

dhavalm34 wrote:As in? Then which jobs are in Shortage Occupation List?

Check this out to find whether your job title and skill list (SOC) is in shortage list or not.

https://www.gov.uk/government/uploads/s ... pril14.pdf

Frontier Mole · Post by **Frontier Mole** » Sun Aug 24, 2014 12:28 am

It is an excepted NQF6 role so you can move to it without the need for a RLMT from tier 4 - that assumes you are fully qualified.

PPS832 · Post by **PPS832** » Tue Aug 26, 2014 12:52 pm

Thanks FM for reply.

I have another query if someone can answer it.

My query is whether I will be able to apply under Post-Study Work provisions since I had PSW in the past with continuous leave to remain or does it only apply (ie continuous leave) to Tier 4 student visa.

I am asking because if I can apply under PSW provisions, then the salary applicable will be lower as a New Entrant.

Thanks in advance.

Frontier Mole · Post by **Frontier Mole** » Tue Aug 26, 2014 4:28 pm

Tier1PSW and tier 4 both qualify for new enterent rate. Only once you go beyond 3years one month on tier2 do you enter the upper rate or if you already have 5 or more years experience in the job.

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Exemption from Resident Labour Test??

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