Residence labor market test when switching tier 2 employers

[ali.rashid86]

Hi,

I am currently on tier 2 general visa and I looked for few different jobs and I think I will now be able to find a better job than my current. I will be applying within UK and it will be in-country switching from one job to another.

The only question is - do the new/potential employer have to do labour market test before they employ me?

It says on the tier 2 of the point based system for migrants - policy guidance available on gov.uk/ukvisa

Part 9 Change of employment application - Guidance for tier 2 migrants
Section 220 - "your sponsor MAY BE required to carry out a new resident labour market test"

& in the guidance for tier 2 employer it says still hire a settled/local worker even his/her skills are lower than migrant worker. (is this not discrimination BTW)

Part 28 - Resident labour market test - Guidance for tier 2 employers

"28.2A suitable settled worker means any settled worker who has the skills and experience
you are seeking. If you find that you have more than one candidate with all the
necessary skills and experience you advertised for, where one is a settled worker and
the other is a migrant, you must appoint the settled worker even if the migrant is more
skilled or experienced. The only exception is if the job falls within one of the PhD SOC
codes listed below, when you can appoint a migrant if they are the most suitable
candidate."

Can anyone please help? Really appreciate your advise.

Thanks

Ali

[moonlight55]

In short, the answer is Yes (unless your job falls under Shortage Occupation list) .

[sayulily]

Hello,

I am currently on Tier2 (general) expiring on 17Aug 2016 and would like to look for another job (find a new Tier2 sponsor)as the current sponsor is closing the office.
I understand the labour market test is required as the type of job i am looking for is not on the shortage list.
Would appreciate if anyone could help with my questions (and sorry if it;s been answered somewhere before):
1. does my next job has to be in the same/similar job category/code as my current Tier2 for UKBI to grant Tier2 to myself again?
2. how much time i should factor in for the new emp to issue Tier2 (considering visa application process and time needed for the labour market takes; i understand employer is require to advertise the job for 28days.)
3. in case the current Tier2 expires before i get the new Tier2 visa is my understanding correct that if a new employer can issue my tier2 within a month of my current visa expiry (by16Sept) my 5year continued residence period towards ILR will keep counting and i don't have to start all over again?

Thank you in advance for your time in reading and answering.