Tier 2 Resident Labour Market Test Question

[egghui]

Hello everyone,

I recently graduated from a UK university with a bachelors degree, but my Tier 4 student visa expired before I could start my Tier 2 application, as the company hiring me was still in the process of applying to be a licensed sponsor. I had to fly back home to my home country and apply from outside the UK.

If my Tier 4 student visa has already expired, does this mean I am still exempt from the resident labour market test? Or will my employer have to do it anyway now because I am no longer on my student visa and am outside the UK, even if I only graduated recently?

If yes, when would they have to advertise the job? After they get their licensed sponsor status, or can they do it right now?

Thank you sooooo much to anyone who is able to help me, I really appreciate it!

[srsw]

If your student visa expired, then you are no longer a student. So the employer has to do RLMT and prove that they couldn't find anyone suitable and then only they can allocate rCoS to you.

If they haven't pre-selected you for the role and you are one of the potential candidates, then they could advertise the job now and recruit anyone who fits the role (logical answer). You need to apply for the job again and if they can't find anyone still, then they can sponsor you, provided they get their sponsor license by then. Job advert can run for more than 28 days i.e. they can continue to advertise until they find a suitable candidate, so they can potentially start RLMT.

Anyway, this is my personal opinion so you might wait for other expert opinions.

[egghui]

Hey,

Thank you so much for your answer, it was very helpful and I really appreciate it

Do you know how my employers will be asked to prove that they haven't been able to find anyone else for the role? Will it be in a written document, or in an interview? Will they be asked to provide the details of all the applicants, and state why they think mine is the best, or something to that effect?

And yes, I've already been pre-selected for the role, but will probably have to re-apply again...

[Wanderer]

Hey,

Thank you so much for your answer, it was very helpful and I really appreciate it

Do you know how my employers will be asked to prove that they haven't been able to find anyone else for the role? Will it be in a written document, or in an interview? Will they be asked to provide the details of all the applicants, and state why they think mine is the best, or something to that effect?

And yes, I've already been pre-selected for the role, but will probably have to re-apply again...

How will the employer prove you haven't been pre-selected when you have?

[egghui]

So, just to be clear, my employer is NOT allowed to have pre-selected me?

In my case, I had been freelancing with them for a few months in the UK when they decided they wanted to take me on for a permanent role and agreed to sponsor me for a visa. How would they go about proving I was not "pre-selected"? Or is that impossible?

[Wanderer]

So, just to be clear, my employer is NOT allowed to have pre-selected me?

In my case, I had been freelancing with them for a few months in the UK when they decided they wanted to take me on for a permanent role and agreed to sponsor me for a visa. How would they go about proving I was not "pre-selected"? Or is that impossible?

No!

UK and EU candidates take priority, and there must be a shed loads of those to pick from if the role isn't on the shortage list.

WRT to your second point, here lies the rub, it's a catch-23 situation.