Switching from Tier 4 to Tier 2 Market Labour test required?

[pakstar]

I (PhD Student) am in process of transferring my visa status
from Tier4 to Tier2. I wonder if someone confirm following:

a. Employer do not need to conduct market labour test for my case?

My case means that i am switching my visa within UK and have completed
first year of PhD.

Employer is University and A-rated employer, they want to issue
Certificate of sponsorship but need to confirm about market labour
test. Market labour test means that employer will advertise the
position on jobcenter.ac.uk website (gov website) for 28 days and need
to make sure that none of the UK resident is available to take that
position so we will offer this to Non UK resident.


Any reference / Link to HO guidance will be much appreciated

Market Labour test required or not?

Many THanks

[Lucapooka]

Paragraph 16 of the policy guidance.

[pakstar]

Paragraph 16 of the policy guidance.

That is about eligibility , I am eligible to apply but as I need Sponsorship from university, University can only issue me sponsorship if my occupation is in Home office shortage list otherwise market labour test will be required to issue letter of sponsorship?


Am I Right?

[Lucapooka]

Para 16 defines if you are liable to the RLMT. I can't tell you anything as I I don't know anything about you. You would have to read para 16 and match your circumstances to those requirements.

[jkcool]

Technically if you are switching from Tier 4 to Tier 2 then you don't need RLMT since you've completed 12 months of your study in UK as a PhD Student.

Read Here :
http://www.ukba.homeoffice.gov.uk/busin ... t/#header2


When University (or your employer) issues Tier 2 sponsorship certificate they should indicate that why RLMT is not required.