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They probably liked you very much but not so much as to offer the job. Qualifiers like "highly appointable and suitably qualified" do not mean anything unless the job is actually offered. Unfortunately as advised by the other member, there does not seem to be anything that you can do about it apart from working on "that" extra bit that cost you the opportunity. Good luck.mmk385 wrote:I recently applied for a job.The job advert stated
"Tier 2 Certificate of Sponsorship (formerly a Work Permit)
This job is unlikely to attract a Tier 2 certificate of sponsorship (formerly a work permit). Applications from candidates who require Tier 2 immigration status to work in the UK may not be considered if there are a sufficient number of other suitable candidates. To apply for a Tier 2 certificate of sponsorship, employers need to demonstrate that they are unable to recruit a resident worker before recruiting an individual from overseas. For further information please visit Home Office UK Border Office."
I am on an HSMP visa.Following an interview the job has been offered to someone requiring Tier 2 certificate of Sponsorship although I have been fedback that i was highly appointbale and suitably qualified for the post?
I wonder if any one has an idea where does HSMP Visa fit in terms of resident labour market test? Am i a resident worker? If yes how can i take this matter further?
Any help and guidance will be apreciated.
Unfortunately, I don't think that you can force employers to hire you if they are not inclined to do so. Why waste more time on this?mmk385 wrote:I would only like to take it further if there is a strong case to prove this point.
I would like to know how others feel about my case and do you see any benefit in taking any further action? Please feel free to challenge any of the assumptions I have made above.
Dear Techtech wrote:The critical difference is HSMP/Tier 1 visa has got expiry date which means temporay visa. If NHS want to sign a contract for 5 years with prospective employee, they can't do that with HSMP/Tier 1 applicants and they have do it until visa expiry where as ILR/EEA national candidate they can.
Again Tier 2 is under their control ,they will be able to get an extension if they managed to get initai tier 2 approval.
What you have posted is an guidance document not a legal requirement like Resident worker test.
Lot of HSMP holders in the forum posted their expreiences they faced similar issues due to shorter visa duration and were not able to apply/get jobs.
Yes only if he wants to aplied on the basis of HSMP but if he wants to switch then he will need to go through Tier 2 application process.monday wrote:HI
You are probably applying for a job with NHS. They are only saying that they are not ready to apply for work permit for any applicant. whoever is applying should have a valid visa that can make him/her work in the UK.
As an HSMP holder you are qualified to apply
My post was a generalised response to some comments above. Secondly, are you saying that if NHS approves some binding guidelines and then chooses not to follow the same, one can not take them to the court if the guidlines are not universally accepted (as you suggest- though I would find it difficult to believe that NHS published a guidance which does not derive its power & is not enforceable under some rule/law)? The NHS guidancenote says "This Briefing provides an outline of the changes and what NHS organisations must do to meet the requirements of the new system." Thirdly, OP is not crying foul over any discrimination here infact he is saying that the employer did not (positively) discriminate in his favour, which they should have done under the prevailing guidelines.1971 wrote:Hi Push,
The guidelines the OP talking about is binding to NHS and not recognised by the employment tribunal. If the OP wants to make a legal case, he has to look for a universally accepted guideline that covers his case, which I believe does not exist. Even if it was not clearly stated in black and white that it is a case of discrimination, I believe that it is so. If you know the best guideline that can help the OP at the employment tribunal, then go ahead and advise him...
Push, please, read all your comments before my advice and also, try to appreciate other peoples opinion and perception.