sushdmehta wrote:If a CoS is applied for under exceptional consideration, as per the policy guidance, there is no exemption from RMLT unless it is for a shortage occupation.
I guess your employer, not matter what their reputation is, will have to follow RMLT procedures and prove that no EEA / home candidate is available in the UK for the post that you currently hold and that there is no candidate other than yourself to continue in the post!
To solve the confusion my employer emailed them. Below is the email and their response. I have of course deleted my employers name. This is in fact very confusing.
From: Sponsorship PBS enquiries [mailto:SponsorshipPBSenquiries@UKBA.gsi.gov.uk]
Sent: 16 November 2010 17:10
Subject: RE: Migrant worker sponsorship application
Thank you for your email.
You are correct for a Post Study Worker moving to Tier 2 you do not need to perform the Residential Labour Market Test.
You should use the free text box at the side of the question to explain why they have met this requirement.
I hope you find this helpful,
Sent: 15 November 2010 11:54
To: Sponsorship PBS enquiries
Subject: Migrant worker sponsorship application
I have just applied for a sponsorship licence to enable me acquire a tier 2 general sponsorship certificate for a migrant worker.
She is currently on a tier 1 post study work visa and has been working continuously for my company since March this year. The guidelines on your website state that in this situation, I am exempt from performing the resident labour market test. However, I noticed that the form for the initial Certificate of sponsorship request requires details of where and when the vacancy was advertised. Can you please clarify if this exemption still holds? If it does then I assume we do not need to fill that section of the form?