Resident Labour market test

Hi,

I am on student visa until July this year (2010) and will be finishing my course (PhD) in July 2010. I already got a job in a university in November last year (2009) but the joining date on the appointment letter is September this year (2010). The university say that they will file work permit for me in July this year (about 2 months before the joining date).

1. The university has offered me job in Nov 2009 with joining date of Sept 2010. I am assuming that the univeristy may have done Labour market test in Nov 2009 because otherwise why they would offer me job. Now the university will be issuing me the certificate of sponsorship in July 2010 (almot 9 months after the appointment letter). Will the university have to do the resident labour test again?

2. I am not sure about the whole process. Can anyone suggest/warn me any potential problem I may face?

Thanks.

once COS is issued than you have to apply for your tier 2 app and this process usually takes 4 weeks....

failiarise urself with labour test by reading stuff on ukba website.

dont rely too much on uni regardng visa process as this is relatively new scheme and they might overlook something. its your future and your responsibility to make sure uni does its job so keeo an eye on them and make sure you are happy too.

dont take it easy and do your research in next few weeks.

regards

the fact uni offered you a job in nov 2009 means nothing to the best of my knowledge because they didnt do anything "legal" until now and probably wont do anything until july 2010.

so be very sure about labour test requirement

regards

Hi,

Thanks for the reply. I read the rules at ukba website and found the following text at the link below.

http://www.ukba.homeoffice.gov.uk/emplo ... arkettest/

"
>If you want to sponsor a migrant to do a job that you have advertised under the resident labour market test, you must assign the certificate of >sponsorship no more than six months after you first advertised the job....

>The only exceptions to this six-month rule are:
>a) where a migrant has been recruited via a milkround, in which case you can assign a certificate of sponsorship up to 48 months after the milkround took >place; and

>b) where a migrant is employed as a research fellow at a higher education institution, in which case you can assign the certificate of sponsorship up to >12 months after the recruitment process started. We will exceptionally allow a certificate of sponsorship to have been assigned outside this 12-month >limit, but only if you assigned it on or before 31 December 2009.

"

My job was advertised in Sept 2009 and so my six months has already passed. My only hope is exception to six month rule as otherwise the employer ( higher education institution) has to do labour test again and that would mean another round of interviews.

My question are.

1. Has some one got or knows someone who got similar experience of long delay between interview and joining date?

2. The exception rule mentions "exceptions to this six-month rule where a migrant is employed as a research fellow". Does that mean the title of job should be "research fellow" or it means the job role should include research. My offered job role is of lecturer and the duties include teaching and research. Will my job fall under the six month exception rule?

3. I am bit reluctant to ask the employer these questions because they may feel that all this is too complicated and take back the offer. But if I were to ask them then is there something that they can do apart from advertising the job again and conducting another round of interviews? I mean can they do something to get the six month excetption?

Thanks again.

Hi,

The UKBA website mentions "...All vacancies advertised on or after 14 December 2009 must be advertised to settled workers for 28 calendar days...".

What about the vacancies advertised before 14 December 2009? Do they have to do the labour test as well?

UKBA website also mentions "If you want to sponsor a migrant to do a job that you have advertised under the resident labour market test, you must assign the certificate of sponsorship no more than six months after you first advertised the job. "

Does this six months limit applies to vacancies advertised before 14 December 2009?

Are there any clear guidelines from UKBA about the vacancies advertised before 14 December 2009 regarding till when they can issue the COS certificate?


http://www.ukba.homeoffice.gov.uk/emplo ... arkettest/

Thanks.