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Tier 2 Resident Labor Market Test

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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jgnkumar
Newly Registered
Posts: 6
Joined: Thu Dec 26, 2013 11:02 am

Tier 2 Resident Labor Market Test

Post by jgnkumar » Thu Dec 26, 2013 11:27 am

Hi.. this is a great forum and really appreciate your patience towards answering (sometimes silly) questions.

An A-rated Tier 2 sponsor has agreed to sponsor me for a job in their company and have put in an ad on totaljobs and direct.gov

1. That doesn't contain an end date still I assume it would cause no problems in the future once the sponsor registers a CoS 30 days after the ad posting date.
2. The salary discussed was £35,000 however, the person posting the ad made a mistake and incorrectly did the salary part as £30,000. I have checked with the sponsor and he confirms that the CoS would be corrected to show the actual amount £35,000. Now both of us aren't sure if the incorrect salary in the ad would cause any issues.

Can either of the above potentially cause any problems? If so, then I can get necessary corrections done and tolerate some delay over a decline.

3. Being a dependant, can my wife do free-lancing, consulting etc apart from regular work as she has a particular skill in demand (not shortage) in the UK job market.

4. Can you also suggest if the income part for ILR is taken into consideration from the annual gross salary for the 5 year period (evidence pay slips and bank statements) or something mentioned like in the ad or CoS may cause disqualification?

Thanks for your advice.

FaeLLe
Member of Standing
Posts: 325
Joined: Thu Nov 14, 2013 7:11 am
Location: London
United Kingdom

Re: Tier 2 Resident Labor Market Test

Post by FaeLLe » Tue Dec 31, 2013 10:06 am

Check the UKBA guidelines for sponsors on Resident Labour Market Test - http://www.ukba.homeoffice.gov.uk/busin ... t/#header1

It clearly indicates the job advertisment must have an end date and being offered.
As long as your CoS application indicates you will be paid at the average rate for the SOC code (and greater than 35k) you should be fine.

However, your job advertisement not having a closing date for applications will cause your employer to fail the conditions of RLMT thus causing your CoS allocation request to fail.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 Resident Labor Market Test

Post by manci » Tue Dec 31, 2013 11:22 am

jgnkumar wrote:An A-rated Tier 2 sponsor has agreed to sponsor me for a job in their company and have put in an ad on totaljobs and direct.gov

1. That doesn't contain an end date still I assume it would cause no problems in the future once the sponsor registers a CoS 30 days after the ad posting date.
2. The salary discussed was £35,000 however, the person posting the ad made a mistake and incorrectly did the salary part as £30,000. I have checked with the sponsor and he confirms that the CoS would be corrected to show the actual amount £35,000. Now both of us aren't sure if the incorrect salary in the ad would cause any issues.

Can either of the above potentially cause any problems? If so, then I can get necessary corrections done and tolerate some delay .
both will cause problems and need correction (re-advertising). Also check that the min. salary requirement for your job SOC code has been met.

jgnkumar
Newly Registered
Posts: 6
Joined: Thu Dec 26, 2013 11:02 am

Re: Tier 2 Resident Labor Market Test

Post by jgnkumar » Tue Dec 31, 2013 7:57 pm

@manci and @FaeLLe - Thanks for letting me know. I've now gone back to my "prospective" employer for corrections.

Also, are there any restrictions on the work that a dependant can do?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 Resident Labor Market Test

Post by manci » Tue Dec 31, 2013 8:14 pm

jgnkumar wrote:@manci and @FaeLLe - Thanks for letting me know. I've now gone back to my "prospective" employer for corrections.

Also, are there any restrictions on the work that a dependant can do?
none except doctor or dentist in training

jgnkumar
Newly Registered
Posts: 6
Joined: Thu Dec 26, 2013 11:02 am

Re: Tier 2 Resident Labor Market Test

Post by jgnkumar » Wed Jan 01, 2014 5:27 am

great, that completes my search for answers.

Thanks

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