Tier 2 General Resident Labour Market Test

Hello everyone

I need some guidance from you guys to apply for my Tier 2 General - Change of employment Visa.

A quick background:
I am currently employed by a Tier 2 Sponsor. I want to change the sponsor. I have found a new sponsor and they advertised the job at £22000 - £24000 in the advertisement. New sponsor issued me the COS at a salary of £22000. My visa refused. Home office gave the justification that as i am in experienced Category, my salary should be £28,600 rather £22,000. My sponsor agreed to pay me £28,600.

Question to ask is do we need to do a new labour market test at a salary of £28,600 or the old labour market test which is still in 6 months period would do bearing the fact in mind that the salary was different in the advert than it would now be on COS i.e. £28,600.

Your help is highly appreciated in this matter.


Many thanks in advance.

Best regards

Your employer must re-advertise the job with the new salary since the new salary you are being offered is higher than it was stated in the old advert.