Tier 5 (YMS) to Tier 2 - Clarity needed please

hsmen · Post by **hsmen** » Thu Aug 15, 2019 10:49 pm

Hi everyone,

I am a Tier 5 holder looking into applying for TIer 2. Since the job isn't in shortage, my current employer who is a certified sponsor is about to carry out the resident labour market test(RLMT) in the following months.

I've been told by the legal department that I cannot be an existing employee when the RLMT has taken place, which means they would have to either terminate my current contract earlier or wait until my current T5 Visa expires to get it running, and I would have to apply for my previous role as an outsider - this is what they have proposed, which seems very confusing to me.

I've consulted with all the people I know who went through the same process and none of them had resigned during the transition period, and I cannot seem to find any related document stating that fact that there is a legal requirement to do so?

Is this really necessary? Much appreciated if someone could clarify this for me.

Thank you!

A

Casa · Post by **Casa** » Thu Aug 15, 2019 11:23 pm

hsmen wrote: ↑
Thu Aug 15, 2019 10:49 pm
Hi everyone,

I am a Tier 5 holder looking into applying for TIer 2. Since the job isn't in shortage, my current employer who is a certified sponsor is about to carry out the resident labour market test(RLMT) in the following months.

I've been told by the legal department that I cannot be an existing employee when the RLMT has taken place, which means they would have to either terminate my current contract earlier or wait until my current T5 Visa expires to get it running, and I would have to apply for my previous role as an outsider - this is what they have proposed, which seems very confusing to me.

I've consulted with all the people I know who went through the same process and none of them had resigned during the transition period, and I cannot seem to find any related document stating that fact that there is a legal requirement to do so?

Is this really necessary? Much appreciated if someone could clarify this for me.

Thank you!

A

Are you aware that you're not permitted to switch from Tier 5 to Tier 2 from within the UK

hsmen · Post by **hsmen** » Fri Aug 16, 2019 11:03 pm

Hi Casa,

Yes! I am totally aware of that

My question is to clarify if you can still be working with the same company as the same role during the RLMT.

CR001 · Post by **CR001** » Sat Aug 17, 2019 8:07 am

The rules do not require an existing employee to resign first. Many have applied for tier 2 from other visa categories while remaining employed. The application and rlmt is just scrutinised more to prove you are not pre-selected and that the rlmt was not tailored to suit only you.

hsmen · Post by **hsmen** » Sat Aug 17, 2019 11:23 am

thank you so much for the responding

hsmen · Post by **hsmen** » Sat Aug 17, 2019 2:15 pm

sorry here comes another one :/

Is there a requirement that I cannot stay in the UK during the 28 days advertising period?

thanks again!

CR001 · Post by **CR001** » Sat Aug 17, 2019 2:16 pm

No there is not.

What is the job and SOC??

hsmen · Post by **hsmen** » Tue Aug 20, 2019 11:15 pm

Hi,

It’s still a WIP and the SOC code hasn’t been finalised yet.

The role itself is digital/e-commerce range specialist in a multinational home furnishing retailer.

What worries me is that I can’t seem to find one specific SOC code that mostly describes my responsibility, and some of the duties in “retail” industry are at RQF3, which are ineligible for Tier 2 sponsorship if I understand it correctly…

SOC 1190 seems to cover 30% of my daily task, but it’s not super relevant to the actual role since the digital skillset is not being included.

Does that mean the company should definitely avoid selecting any SOC codes at RQF3? What would be an ideal solution for the case like this?

Thank you!

CR001 · Post by **CR001** » Wed Aug 21, 2019 6:19 am

For tier 2 it must be a RQF 6 level SOC.

Have you looked on appendix J and appendix k SOC lists?

It is of course your employer that decides the SOC relevant to the job.

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Tier 5 (YMS) to Tier 2 - Clarity needed please

Tier 5 (YMS) to Tier 2 - Clarity needed please

Re: Tier 5 (YMS) to Tier 2 - Clarity needed please

Re: Tier 5 (YMS) to Tier 2 - Clarity needed please

Re: Tier 5 (YMS) to Tier 2 - Clarity needed please

Re: Tier 5 (YMS) to Tier 2 - Clarity needed please

Re: Tier 5 (YMS) to Tier 2 - Clarity needed please

Re: Tier 5 (YMS) to Tier 2 - Clarity needed please

Re: Tier 5 (YMS) to Tier 2 - Clarity needed please

Re: Tier 5 (YMS) to Tier 2 - Clarity needed please