Changing Tier 2 Visa from one company to another - Resident Labour Market Test

[murtaza3]

Hi Guys,

I really need your help here!

I arrived in the UK in September 2012 on a Tier 4 student visa, valid for 4 years. In 2016 I switched to a Tier 2 (General) visa. I am now looking to change my job and start a job with a different company. I know I will need a new Tier 2 visa for this.

My question is: Does my new company need to complete a Resident Labour Market Test to employ me?

FYI: The new job is not on the shortage occupation list and it does not fall within the high earners category.

Any and all help will be greatly appreciated. Thanks in advance for your help.

[vinny]

245HD.

(f) If applying as a Tier 2 (General) Migrant, the applicant must have a minimum of 50 points under paragraphs 76 to 79D of Appendix A.

Yes, unless the Resident Labour Market Test exemption applies.

[murtaza3]

245HD.

(f) If applying as a Tier 2 (General) Migrant, the applicant must have a minimum of 50 points under paragraphs 76 to 79D of Appendix A.

Yes, unless the Resident Labour Market Test exemption applies.

Hi Vinny,

Thanks for your reply. This is where I am confused whether I am exempted from the Resident Labour Market Test or not. The job is not on the shortage occupation list but does the fact that I had a Tier 4 visa in the past make me exempted from the RLMT? What makes me more confused is:

78B. In order for a Resident Labour Market Test exemption to apply for post-study work:
(a) the applicant must be applying for leave to remain,
(b) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as:
(1) a Tier 1 (Graduate Entrepreneur) Migrant,
(2) a Tier 1 (Post-Study Work) Migrant,
(3) a Tier 4 Migrant, and

What does "last granted leave as a Tier 4 migrant" mean? Do I fall within this category since I had a Tier 4 visa between 2012 and 2016?

Thanks.

[CR001]

You are NOT exempt from RLMT as your LAST grant of leave was NOT a Tier 4 student visa. Your LAST grant of leave was a Tier 2 General.

[murtaza3]

You are NOT exempt from RLMT as your LAST grant of leave was NOT a Tier 4 student visa. Your LAST grant of leave was a Tier 2 General.

Thanks for the reply. I understand what you mean. Just one more question; why does it say "the applicant must have, or have last been granted" as both these cases mean the same don't they?

[CR001]

You must either be on a Tier 4 if switching within the UK to tier 2 or if applying from abroad for tier 2 and last have held a Tier 4. Neither apply to you.

[murtaza3]

You must either be on a Tier 4 if switching within the UK to tier 2 or if applying from abroad for tier 2 and last have held a Tier 4. Neither apply to you.

Thanks for the explanation. I'm sorry to keep pestering you but can you please clarify one more thing for me. This is from the Tier 2 sponsor guidance file:

"You do not have to carry out a resident labour market test if a migrant you want to sponsor is already in the UK and is applying to switch into Tier 2 (General) leave and has, or was last granted leave to enter, or to remain in, the UK under one of the following:

• Tier 1 (Post-Study Work)
• Tier 1 (Graduate Entrepreneur)
• the International Graduates Scheme
• the Fresh Talent Working in Scotland Scheme
• the Science and Engineering Graduates Scheme
• where they have, or were last granted, leave as a Tier 4 migrant or as a student and during their last grant of leave, or a continuous period of leave, that includes their last grant of leave, they have completed either:

o a course leading to a UK recognised bachelor’s or master’s degree
o a course leading to a UK Postgraduate Certificate in Education or a
Professional Graduate Diploma of Education
o a minimum of 12 months study in the UK towards a UK PhD"

Firstly to your point, it says here the person must be in the UK. Also, does "a continuous period of leave, that includes their last grant of leave" apply to me?

Thanks

[GondalUK]

Last year, while I was doing research I found some of these statements in immigration rules very confusing. But after doing all of my research and taking advice from forum members and company solicitors, I came on conclusion that RLMT is required for Tier 2 (Change of employment) even if the person was previously on Tier 4. The RLMT exemption only applies 1st time when person having previous Tier 4 VISA applies for Tier 2.

Following was my situation, exact like you.

- I was also on Tier 4 and switched from Tier 4 to Tier 2 in 2015 (I was exempt from RLMT)

- I sent two Tier 2 (change of employment) applications in 2018 and the both companies done proper RLMT. The both companies had their solicitor doing process. I was granted the extension successfully for 2nd application.

It might be helpful for your idea.

[murtaza3]

Last year, while I was doing research I found some of these statements in immigration rules very confusing. But after doing all of my research and taking advice from forum members and company solicitors, I came on conclusion that RLMT is required for Tier 2 (Change of employment) even if the person was previously on Tier 4. The RLMT exemption only applies 1st time when person having previous Tier 4 VISA applies for Tier 2.

Following was my situation, exact like you.

- I was also on Tier 4 and switched from Tier 4 to Tier 2 in 2015 (I was exempt from RLMT)

- I sent two Tier 2 (change of employment) applications in 2018 and the both companies done proper RLMT. The both companies had their solicitor doing process. I was granted the extension successfully for 2nd application.

It might be helpful for your idea.

Thanks for your help Masood!