resident labour market test?

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resident labour market test?

Postby tiktiki » Wed Mar 28, 2012 5:57 pm

Hi everyone

My sister is currently on dependent visa.Her employer has applied for licence and fortunately he has got it.She is already been working for him as self employed for last one year.Does he still have to go for resident labour test and give advertisement.
As per the rules
(ii) Existing employees

You do not need to complete a resident labour market test if the migrant is already employed by you in the same job, and currently has permission to stay in the UK under:

Tier 1 (Post-study work);
the International Graduates Scheme;
the Fresh Talent Working in Scotland Scheme; or
the Science and Engineering Graduates Scheme.
Exemption (ii) applies only if:

you have employed the migrant in the UK continuously for at least 6 months immediately before they switch into the Tier 2 (General) category, although they do not need to have been in the same job for the full 6 months; or
the migrant has been absent on maternity, paternity or adoption leave, or on long-term sick leave lasting for 1 month or longer, but has been employed by you for at least 6 months out of the last 18 months.
The section for post-study workers contains more information.

Please advise.Thanks in advance.
tiktiki
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Postby Greenie » Wed Mar 28, 2012 6:19 pm

No - she is not exempt from the RLMT as she does not have leave in any of the categories you have listed. In addition, assuming that she has leave as the dependent of a PBS migrant she will not to switch to tier 2 from within the UK (unless she is the dependent of a tier 4 migrant). She will need to apply from her home country and her employer would need to issue a resricted CoS.
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Postby Lucapooka » Wed Mar 28, 2012 6:20 pm

Not only is she not employed (you said she is self-employed) she is not under any of the categories listed. Yes, the job will have to go through the resident labour test.
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Postby tiktiki » Wed Mar 28, 2012 6:29 pm

Thank you for your reply.So he has to give advert In BDJ thats BRITISH DENTAL JOURNAL as well as job centre.Does it have to be for 28 days?

After that issue a rest.COS and then my sister can apply from India.

Am I right?

Plz advise.

Thank you.
tiktiki
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Postby Lucapooka » Wed Mar 28, 2012 6:33 pm

Lucapooka
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Posts: 7526
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Postby tiktiki » Wed Mar 28, 2012 6:36 pm

Thank you very much.God bless you:)Thanks.
tiktiki
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Posts: 50
Joined: Sat Sep 17, 2011 9:31 pm


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