Please - Urgent Help needed on Tier-2 General Visa - Thanks

saik · Post by **saik** » Sat May 03, 2014 8:59 pm

Hi Everyone,

i'm currently working as an Oracle Database Administrator for my employer and it's been 10 months since I started working for the company, i'm currently on post-study work visa (have a Master's degree from Northumbria University) and now made a request to my employer to sponsor me in order to continue to work for them. I have been told by my HR that for them to sponsor me they have to do the Resident Labour Market Test, with my Visa expiring on 14th of June there is no time for the market test and i like to know if the RLMT can be exempted.

from the Tier-2 Guidance Policy for employers, I can see that Resident Labour Market Test can be exempted if the migrant an employer wants to sponsor is currently under Tier-1 Post-Study work visa and applying for Tier-2 General.

my question really is

for my job position as an Oracle Database Administrator with salary of 25870GBP and with me being a post-study work visa holder and working for this company for 10 months now, does the company still have to do the Resident Labour Market Test?

Any help will be greatly appreciated.

thanks,
SSC

mycompany · Post by **mycompany** » Sat May 03, 2014 9:44 pm

No need for Resident Labour Market Testing

If you are in the UK on a Tier 4 visa or Tier 1 PSW visa, you can apply to remain on the Tier 2 (General) skilled worker visa.
Your employer will not have to undertake labour market testing to show that they cannot find someone else to do the job as it would for other Tier 2 (General) applicants.

If you are not on a Tier 1 PSW visa or Tier 4 student visa to qualify for a Tier 2 (General) visa you must normally be in an occupation that is either on the list of shortage occupations or which passes the Resident Labour Market Test.

You can find more information here:

http://www.workpermit.com/news/2013-12- ... ier-2-visa

manci · Post by **manci** » Sat May 03, 2014 10:01 pm

Your employer wouldn't have to do the RLMT if they wanted to sponsor you. Refer them to para 28.8 of the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

The fact that you are currently employed by them as a T1 Post Study worker is irrelevant to T2 sponsorship.

However, the T2 job has to be NQF level 6 with appropriate salary for new entrants. It is not the job title that matters but the job description. Refer to:
https://www.gov.uk/government/uploads/s ... MASTER.pdf

There is only one job title "database administrator" in Appendix J and that is NQF level 4, i.e. not suitable. See if you can find an NQF level 6 job that is a good match to what you actually do.

saik · Post by **saik** » Sat May 03, 2014 10:08 pm

mycompany wrote:No need for Resident Labour Market Testing

If you are in the UK on a Tier 4 visa or Tier 1 PSW visa, you can apply to remain on the Tier 2 (General) skilled worker visa.
Your employer will not have to undertake labour market testing to show that they cannot find someone else to do the job as it would for other Tier 2 (General) applicants.

If you are not on a Tier 1 PSW visa or Tier 4 student visa to qualify for a Tier 2 (General) visa you must normally be in an occupation that is either on the list of shortage occupations or which passes the Resident Labour Market Test.

You can find more information here:

http://www.workpermit.com/news/2013-12- ... ier-2-visa

Hi mycompany,

Thanks a lot for the quick reply.

i'm having hard time understanding what skill level my role 'Oracle Database Administrator' falls under. the SOC list has the role 'Database Administrator' in NQF level 4, but me being a master's degree holder (which is NQF level 7) and working as an Oracle DBA i'm really confused if i should consider my job as NQF level 6 or above or NQF level 4.

please could you reply me on what you feel my job level is? also could you provide me with a ukba link that proves what we feel is right?

thanks again for being very helpful. appreciate it a lot.

saik · Post by **saik** » Sat May 03, 2014 10:20 pm

manci wrote:Your employer wouldn't have to do the RLMT if they wanted to sponsor you. Refer them to para 28.8 of the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

The fact that you are currently employed by them as a T1 Post Study worker is irrelevant to T2 sponsorship.

However, the T2 job has to be NQF level 6 with appropriate salary for new entrants. It is not the job title that matters but the job description. Refer to:
https://www.gov.uk/government/uploads/s ... MASTER.pdf

There is only one job title "database administrator" in Appendix J and that is NQF level 4, i.e. not suitable. See if you can find an NQF level 6 job that is a good match to what you actually do.

thanks a lot manci for taking your time to read the post and reply.

yeah the role database administrator is listed in NQF level 4, but me being a masters degree holder (NQF level 7) and NQF level 4 being a diploma or certificate of higher education equivalent, i'm really confused if i should consider my role as NQF level 6 or 4.

Also i can find code 2136 (NQF level 6) which has example job tasks as plans and maintains database structures and this is what we do as a database administrator, i'm not sure if i can use this code and have the job title as oracle database administrator in my application, and if i do so will the ukba staff take this as wrong and reject my application quoting that my job title falls under NQF level 4?

greatly appreciate your time and thanks again for your very useful earlier reply.

manci · Post by **manci** » Sun May 04, 2014 7:46 am

The choice of the job SOC code is not yours but your sponsor's, they are responsible for it to the HO. If you feel that the closest match to your job is SOC code 2136, explain this to your employer and if they accept it this is what they should put in the CoS coupled with a detailed description of your job substantiating the choice of SOC code. The job title is not important

saik · Post by **saik** » Sun May 04, 2014 11:23 am

manci wrote:The choice of the job SOC code is not yours but your sponsor's, they are responsible for it to the HO. If you feel that the closest match to your job is SOC code 2136, explain this to your employer and if they accept it this is what they should put in the CoS coupled with a detailed description of your job substantiating the choice of SOC code. The job title is not important

thanks manci,

SOC 3131 (NQF 4) is the closest match for my job but like I said soc 2136 also matches my job description (not as close as 3131 though), so can i ask my employer to go for 2136 instead of 3131 (considering the salary that i'm getting as a new entrant and my masters degree (level NQF 7) that are way more than NQF level 4)? also if my employer accepts to go for SOC 2136, will the home office refuse my application for not choosing the very closest SOC code (which is 3131)?

also, i've been told by a employee in ukba that even if the job falls under NQF level 4, if the migrant is currently holding a tier 1 PSW visa and if the company does the RLMT then the migrant and the employer are eligible to apply for tier-2 general, is this right manci?

thank you very much for the info thus far.

manci · Post by **manci** » Sun May 04, 2014 1:40 pm

saik wrote:SOC 3131 (NQF 4) is the closest match for my job but like I said soc 2136 also matches my job description (not as close as 3131 though), so can i ask my employer to go for 2136 instead of 3131 (considering the salary that i'm getting as a new entrant and my masters degree (level NQF 7) that are way more than NQF level 4)? also if my employer accepts to go for SOC 2136, will the home office refuse my application for not choosing the very closest SOC code (which is 3131)?
this has to be a discussion between you and your employer, the forum cannot decide what the appropriate SOC code should be.

also, i've been told by a employee in ukba that even if the job falls under NQF level 4, if the migrant is currently holding a tier 1 PSW visa and if the company does the RLMT then the migrant and the employer are eligible to apply for tier-2 general, is this right manci?
no, read para 68 and onwards in the T2 policy guidance
https://www.gov.uk/government/uploads/s ... _04-14.pdf

saik · Post by **saik** » Sun May 04, 2014 11:35 pm

thanks manci for the time

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Please - Urgent Help needed on Tier-2 General Visa - Thanks

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