RMLT Need Or not

[APAN DESAI]

Dear Gurus,
I am on Tier 2 General visa . My extension is due in Nov 2014 and ILR is in April 2015. I have been offered a new job from the other independent school but I have following questions.
(1) I am Mathematics Teacher in Further Education (SOC 2312) College and the post is not in a shortage occupation list. However my new job falls under title of Secondary Teacher which is on Shortage Occupation List(SOC 2314). My new employer is willing to sponsor me , Is RMLT required ?
(2) If I would get visa under new sponsor, Am I eligible for ILR which is due in April 2015 under new SOC code 2314 ?

[APAN DESAI]

Dear Gurus,
I am on Tier 2 General visa . My extension is due in Nov 2014 and ILR is in April 2015. I have been offered a new job from the other independent school but I have following questions.
(1) I am Mathematics Teacher in Further Education (SOC 2312) College and the post is not in a shortage occupation list. However my new job falls under title of Secondary Teacher which is on Shortage Occupation List(SOC 2314). My new employer is willing to sponsor me , Is RLMT required ?
(2) If I would get visa under new sponsor, Am I eligible for ILR which is due in April 2015 under new SOC code 2314 ?[/quote]

[manci]

A change of employment under T2 would not affect your eligibility for ILR.

The choice of SOC code is made by your prospective employer, not by you. They are responsible to the HO for it and if in course of an inspection it is found that the job you are doing is not the job for which they assigned the CoS their licence may be in jeopardy. The rule is that they should select the SOC code which is the closest match to the job.

[APAN DESAI]

Dear Manci,
I completely agree with you that I can't decide SOC code however as per the advertisement it says Mathematics Teacher in Secondary Education.Any teacher in FE sector are eligible to apply for the post as long as they have QTLS.

If HR of the school decide to put SOC code which fall in SOL, do they have to do RLMT? I found advertisement in the Gurdian newspaper but it was not long enough as per the RLMT rule.


Thanking you and looking for your reply,

[manci]

The rules for carrying out a RLMT are described from para 28.16 onwards in the T2 sponsor guidance:
https://www.gov.uk/government/uploads/s ... _04-14.pdf
If they don't follow the rules the RLMT will be invalid.

If the job is a shortage occupation an RLMT is not needed, see paras 28.6 and 28.7

If it is a FE teaching job then it is SOC code 2312. If it were a secondary education maths teaching job it would be 2314. You may be qualified for both but it is the actual job that matters. Judging by the shortage occupation list it seems that there is a shortage of secondary education maths teachers but not of FE teaching professionals.

For the difference between secondary and further education see:
http://en.wikipedia.org/wiki/Further_education