psw to tier 2, market test

[cita]

From information provided on Home office website, PSW holder who has been worked for employer for six months, can get an exemtion on labour market test, however, it also states that new sponsor will be issues with sponsorship with zero cos, and any cos request will be conducted under expcetional consideration which requires labour market test and no exemptions provided at all. I searched all topics I can find from websites, there are sayings that even if one are transferring from psw, labour market test is mandatory for new sponsor to apply cos, however, it appears that there are successful cases of new sponsor applying cos for psw holders without conducting labour market test. I would like to know is there anyone who has such experience if your employer was a newly registered sponsor? or anyone reject cases but reason was due or not due to labour market test?

Many thank for any information sharing.

Regards

Cita

[geriatrix]

13. Where an existing sponsor has a zero CoS allocation or requires additional CoS during the period of the interim limit, they can apply for exceptional consideration.

19. Where the UK Border Agency approves a new sponsor licence, we will initially set up the sponsor on the Sponsor Management System with a zero CoS allocation. This means that the sponsor is on the UK Border Agency sponsor register and has a valid Tier 2 (General) licence, but is not yet able to assign any CoS under Tier 2 (General).

20. Newly licensed sponsors must apply for any CoS they need under Tier 2 (General) using the exceptional consideration process described in paragraphs 26-44, ...

Exceptional Consideration
26. If a sponsor wants to assign a CoS to an existing or new migrant worker but does not have enough (or any) available on the Sponsor Management System, they can apply for additional CoS using the exceptional consideration process.

27. For a case to be considered for exceptional consideration, the following conditions must be satisfied:
• The sponsor must be A-rated on all their sponsor licenses on all tiers and categories at the point they submit the request; and
• The number of CoS requested must take into account any available CoS remaining in the sponsor’s existing allocation.
• For non-shortage occupations the sponsor must demonstrate they have already conducted a resident labour market test.

40. Where the application is for a CoS to hire a new migrant worker in a non-shortage occupation you must provide the evidence requested on the application form to show that a resident labour market test has been conducted. If the evidence given indicates that the test has not been conducted according to the current guidance, the application will be rejected. (For example, if advertising in Jobcentre Plus is mandatory, but is not mentioned in the appropriate section of the application.)

regards

[arsenal49]

40. Where the application is for a CoS to hire a new migrant worker in a non-shortage occupation you must provide the evidence requested on the application form to show that a resident labour market test has been conducted. If the evidence given indicates that the test has not been conducted according to the current guidance, the application will be rejected. (For example, if advertising in Jobcentre Plus is mandatory, but is not mentioned in the appropriate section of the application.)

regards

umm, so... even psw holders' employer has to conduct a labour test, to get a COS for his employee, even though the employee has been working for 6 months???

please clarify.....

thanks

[clippedw]

40. Where the application is for a CoS to hire a new migrant worker in a non-shortage occupation you must provide the evidence requested on the application form to show that a resident labour market test has been conducted. If the evidence given indicates that the test has not been conducted according to the current guidance, the application will be rejected. (For example, if advertising in Jobcentre Plus is mandatory, but is not mentioned in the appropriate section of the application.)

Exemption still holds. Although the applications will be accessed according to the new criteria ranking salary, whether it's a shortage occupation etc

regards

umm, so... even psw holders' employer has to conduct a labour test, to get a COS for his employee, even though the employee has been working for 6 months???

please clarify.....

thanks