Student Dependant Visa to Tier 2 Work Permit Sponosorship

I am currently working in UK from past 1 1/2 years on student dependant visa for the same employer under same job role and have recently checked with my employer if they are willing to provide me sponosorship and they agreed for it. My job is not in shortage occupation list and so I would like to know if my employer have to do resident labour market test since i am already in the job and just switching my visa status. As this test states that the employer have to show that the they have not displaced any local resident etc and also the job should have been advertised in job centre plus etc.. as given in work permit policy guidance.My company didn't advertise my job in jobcentre at that time.

Please help what to be done about this and if my employer do not have to do this what is the procedure.

If the employer needs to sponsor a non-EU migrant for a job and if the job is not on the shortage list, then resident market labor test is mandatory.

The issue isn't that you are already in the job, so why advertise? The issue is that to sponsor you (non-EU migrant) he must show that no UK/EU citizen can be found to do the same job and hence he needs to sponsor a non-EU migrant (you).


regards

Thank you Sir. However my job was not advertised in job centre plus at that time so how will the employer will get through this one requirement in sponsporship system?

If he needs to sponsor you, he needs to advertise for the post (now) and provide HO with evidence that he has not been able to find suitable candidates from UK/EU. If he finds someone, he will not be able to sponsor you.

ASk your employer to check with UKBA on how the detailed procedure works - regarding resident labor market test, sponsorship license, CoS etc.


regards

Hi Madhuuk1,

can you update what happened in your situation or what route you took ?
did your employer conducted the resident labour market test ?
can you please outline the procedure ?

I am in exactly the same situation as you ! and it is very critical for me

will be grateful for your assistance on this !

Thanks