Do I qualify for a Certificate of Sponsorship

Hello,

My question is on the criteria for obtainance of a Certificate of Sponsorship.

Here is my situation. I currently hold a Tier 2 visa, but have been offered a new job with a different employeer (and a higher pay). The job is in academia (Senior reserch associate). The problem is that the job advert ran for only 13 days, while the minimum specified number of days that it has to run is 28 (according to GOV.UK).

Are there any exemptions to this rule?

Many thanks,
Una

No. It has to run for atleast 28 days as defined.

That's what I have feared.

Can this problem be legally solved if the university posts the same advert for the second run (for another 15 days)?

Many thanks,
Una

You need opinion of a legal person in that case. In my opinion, it may not work.

Many thanks to moonlight55 for his comments. It indeed is a bit tricky situation.

I have come across this article at the UKCISA (UK Council for International Student Affairs):

PhD level jobs

PhD level jobs are mainly research posts. You do not necessarily have to have a PhD in order to be offered a PhD level job, and some occupations that require a PhD are not on the list of PhD level jobs. They are still subject to the resident labour market test. However, the advertising requirements for PhD level jobs are more relaxed than for most other posts and an employer will be able to offer you employment if you are the best applicant even if settled workers who apply could undertake the work.

Does that mean that a foreign PhD can be offered an employment even if the advert ran for 14 days?

Many thanks

It does not say that. You are again assuming.

I understand you want to hear something that supports your case, but unfortunately its not possible as per my understanding. Either you do RLMT or not (e.g. for shortage occupation). Hence, a legal advice is recommended. They may be others in this forum who may know more on this and hopefully they would comment.