Alternative to Post Study Visa?

[nipper88]

Thanks for asking. She has applied for three research assistant positions at universities, one of which was EXACTLY in her field. 2 have been rejected with no reason given. I suspect it could simply be due to her needing a tier 2 visa? Her CV is excellent and fitted the rolls perfectly.

She's disheartened but will try more and also branch out to any other job categories. Such an annoyance, we suffer so much when she'd be an asset to the economy whereas illegal layabouts get away with everything.

I used to work within an academic department of a large London-based university. On five occasions within the last three years we advertised vacancies for entry-level research assistant positions.

For each of the five positions, we received between 100-200 responses, many of them extremely qualified. Often over-qualified, actually.

One of the methods we used to winnow down candidates to a short list was by rejecting any candidate who wasn't a UK citizen, an EU/EEA citizen or a permanent resident/ILR holder. Doing so was absolutely legal. Why go through the hassle of hiring someone with limited leave when there are so many other qualified UK/EU applicants? That's just the reality of the situation.

Even worse, I have to say...psychology has a lot more available talent than positions available. It's oversubscribed and a hirers' market. Guess what I'm trying to say is to perhaps reconsider the marriage route, mate. Keep trying and branch out into related industries outside academia. But jot down the number of the registry office just in case. :-/

Hmm thanks for the sobering facts there. We will do as you say, continue trying since we have enough time left and keep the marriage possibility open too. At least I have found out recently that we can get married even just a few months before her current visas expiry! (Used to be no more than 6 months or a certificate of approval was required).

[madona587]

Thanks for asking. She has applied for three research assistant positions at universities, one of which was EXACTLY in her field. 2 have been rejected with no reason given. I suspect it could simply be due to her needing a tier 2 visa? Her CV is excellent and fitted the rolls perfectly.

She's disheartened but will try more and also branch out to any other job categories. Such an annoyance, we suffer so much when she'd be an asset to the economy whereas illegal layabouts get away with everything.

I used to work within an academic department of a large London-based university. On five occasions within the last three years we advertised vacancies for entry-level research assistant positions.

For each of the five positions, we received between 100-200 responses, many of them extremely qualified. Often over-qualified, actually.

One of the methods we used to winnow down candidates to a short list was by rejecting any candidate who wasn't a UK citizen, an EU/EEA citizen or a permanent resident/ILR holder. Doing so was absolutely legal. Why go through the hassle of hiring someone with limited leave when there are so many other qualified UK/EU applicants? That's just the reality of the situation.

Even worse, I have to say...psychology has a lot more available talent than positions available. It's oversubscribed and a hirers' market. Guess what I'm trying to say is to perhaps reconsider the marriage route, mate. Keep trying and branch out into related industries outside academia. But jot down the number of the registry office just in case. :-/

Hmm thanks for the sobering facts there. We will do as you say, continue trying since we have enough time left and keep the marriage possibility open too. At least I have found out recently that we can get married even just a few months before her current visas expiry! (Used to be no more than 6 months or a certificate of approval was required).

I understand the situation you been put in as marriage is a big commitment so you may want to have a good think I know lot of cases where girls got married here to get their "status" then dumping the guy. Not trying to scaremonger you or question your girl friends intentions. Just something to think about as it happens often.

Make sure to keep all your proof of you living together. (Add her name to your council tax, Gas & elec bills etc) Keep photos of your holiday so on. You are going to need them.

I agree with you on the illegals get away with everything. It makes me sick that if I lose my skilled job I will have 2 months to find another one or leave the county but UK govt is paying tax payers money to protect the rights of a terrorist. (Giving away benefits and round the clock police protection) its ridiculous.

End of rant/

[nipper88]

Thanks for asking. She has applied for three research assistant positions at universities, one of which was EXACTLY in her field. 2 have been rejected with no reason given. I suspect it could simply be due to her needing a tier 2 visa? Her CV is excellent and fitted the rolls perfectly.

She's disheartened but will try more and also branch out to any other job categories. Such an annoyance, we suffer so much when she'd be an asset to the economy whereas illegal layabouts get away with everything.

I used to work within an academic department of a large London-based university. On five occasions within the last three years we advertised vacancies for entry-level research assistant positions.

For each of the five positions, we received between 100-200 responses, many of them extremely qualified. Often over-qualified, actually.

One of the methods we used to winnow down candidates to a short list was by rejecting any candidate who wasn't a UK citizen, an EU/EEA citizen or a permanent resident/ILR holder. Doing so was absolutely legal. Why go through the hassle of hiring someone with limited leave when there are so many other qualified UK/EU applicants? That's just the reality of the situation.

Even worse, I have to say...psychology has a lot more available talent than positions available. It's oversubscribed and a hirers' market. Guess what I'm trying to say is to perhaps reconsider the marriage route, mate. Keep trying and branch out into related industries outside academia. But jot down the number of the registry office just in case. :-/

Hmm thanks for the sobering facts there. We will do as you say, continue trying since we have enough time left and keep the marriage possibility open too. At least I have found out recently that we can get married even just a few months before her current visas expiry! (Used to be no more than 6 months or a certificate of approval was required).

I understand the situation you been put in as marriage is a big commitment so you may want to have a good think I know lot of cases where girls got married here to get their "status" then dumping the guy. Not trying to scaremonger you or question your girl friends intentions. Just something to think about as it happens often.

Make sure to keep all your proof of you living together. (Add her name to your council tax, Gas & elec bills etc) Keep photos of your holiday so on. You are going to need them.

I agree with you on the illegals get away with everything. It makes me sick that if I lose my skilled job I will have 2 months to find another one or leave the county but UK govt is paying tax payers money to protect the rights of a terrorist. (Giving away benefits and round the clock police protection) its ridiculous.

End of rant/

But one can get married in an official capacity yet keep everything separate, right? She does not also legally have to take my name, correct?

You're well entitled to a rant!

[MPH80]

Yes - but the only caveat being that you do have to intend to live together in order to use FLR(M) to apply for an extension as a spouse.

If, at the renewal point (2.5 years), you aren't living together, they might not judge it as a subsisting relationship.

M

[nipper88]

Yes - but the only caveat being that you do have to intend to live together in order to use FLR(M) to apply for an extension as a spouse.

If, at the renewal point (2.5 years), you aren't living together, they might not judge it as a subsisting relationship.

M

FLRM? We do intend to live together, so that's ok!

[nipper88]

Ok so a bit of an update. We cannot apply for spouse visas because we do not meet the annoying financial requirement. So she is still looking for tier2 jobs. She has been recommended insurance companies or other big companies that need human resources staff and will apply to Tescos today for a position there. Just to confirm - because she is in tier 4 and has finished her studies, she now has a 'work permit' or in essense can work full time, AND companies who hire her also do not need to do a Foreign labout market test, right? Also, her master degree equals NQF6 right?

[nipper88]

Great news! In a way... Nestle have replied and said they accept international student applications and that they look forward to hearing from her, but they did say this: nestle is only able to consider offering sponsorship to applicants that meet UKBAs requirements under tier 2 (general) of the points based system in relation to graduate level posts if there are not enough suitable candidates who are British nationals, EEA nationals or candidates who have permanent residence in the UK.

So they need to do a RLMT test? But i was under the impression that people applying to switch from tier4 to tier2 are exempt from this. Can someone please confirm ASAP???

So happy to have found a company that will accept applications and is near us, but am concerned it wont work out if they need to do an RLMT..

[anniecc]

I don't think they're saying that they need to do an RLMT. It sounds like they have an internal policy to prioritise EEA applicants. This is probably because there's quite a lot of paperwork and compliance involved in sponsoring someone, so they don't want to do it if there are suitable candidates that don't require sponsorship.

[Gyfrinachgar]

It sounds like they have an internal policy to prioritise EEA applicants. This is probably because there's quite a lot of paperwork and compliance involved in sponsoring someone, so they don't want to do it if there are suitable candidates that don't require sponsorship.

It is not an internal policy, but a general trend based on tightening regulations. More and more job advertisements read this or a very similarly worded text: "The UK Government have taken steps to reduce net migration to the UK by limiting the number of overseas workers. Please note that whilst we are able to consider applications from workers from outside the EEA, we can only employ them if we can provide evidence that there are no other suitable candidates for this vacancy from inside the EEA." This appears to be based on legislation preventing employers from freely selecting international candidates. It reminds me of Australian law a few years ago. I am not aware what UK law the basis for this one might be. Anyone have more information on this?

[nipper88]

Hmm i see, so whilst they are not obliged to do an RLMT, they tend to prioritise EU and UK candidates anyway.

Nestle also have a clause that says the applicant needs to have permission to be in the UK when training commences in September 2013, but by then my partner won't have - she would be relying on their sponsoring her for tier2 for that. But they ALSO have said there may be a possibility for training to commence much sooner, potentially when my partner is still in the UK on her tier 4 visa. But does training for a post qualify to get sponsorship for tier2 or does she need to have actually commenced her role for Nestle to be able to sponsor her?

[anniecc]

It is not an internal policy, but a general trend based on tightening regulations. More and more job advertisements read this or a very similarly worded text: "The UK Government have taken steps to reduce net migration to the UK by limiting the number of overseas workers. Please note that whilst we are able to consider applications from workers from outside the EEA, we can only employ them if we can provide evidence that there are no other suitable candidates for this vacancy from inside the EEA." This appears to be based on legislation preventing employers from freely selecting international candidates. It reminds me of Australian law a few years ago. I am not aware what UK law the basis for this one might be. Anyone have more information on this?

What you have quoted is simply the RLMT requirement, which comes from section 245H of the Immigration Rules. The requirement doesn't apply to people switching from Tier 4 to Tier 2, which is the situation the OP is in.

@nipper. To apply for a Tier 2 visa your gf will need a Certificate of Sponsorship from her employer. To allocate a CoF the employer needs to enter into a UKBA database info about the post the candidate will be filling and the salary. Your gf doesn't need to have started work, but she needs a firm job offer.