Tier 2 Dependant Visa/ Resident Labour Market Test.

[slimbee]

Hello Everyone,

Please I need a great deal of advise. I am dependent on my husband's Tier 2 General visa. However, he recently lost his job and has not been able to secure another one. I recently got a graduate IT role and the company is on the tier 2 visa sponsorship list on the UKBA website. I understand I will need to go outside of the Uk to apply for an entry clearance which I am happy to do provided I get the certificate of sponsorship. I informed the HR of my situation but they said there were over 800 applicants for the role and they chose only 5 of us. The problem is the HR said they cannot proof that out of the over 800 applicants for the role, that I am the best suitable candidate for the role. Bear in mind, I have passed the interview and been given an offer already.

My thoughts after reading the guidance policy is that to meet the requirements of the resident labour market test, the company ought to advertise the role on certain webpages and their company career page for 28days which they did.

Please how can the HR proof my suitability for the role. What can I say to HR to shift their stances. Our days are number and we need help really fast. Please help.

Thanks.

[Casa]

HR need to provide evidence of exactly why the other applicants weren't suitable.

[slimbee]

@ casa,

Thanks for the reply. My question exactly. But I have seen people been employed outside the Uk though. I am already but for the fact that I will need to go outside the uk to apply being a dependent on my husband's visa. Does that mean that I cannot get employed?

Will I be right to say it is impossible for the HR the proof this?

[Casa]

Respected Guru, Frontier Mole is best placed to advise on this, but they aren't online at the moment.

[slimbee]

Please does anyone have idea on the subject matter. Your opinion means alot right now. Thanks

[iworker]

As long as the new employer has a sponsor licence, gives u a Restricted cos, has adequately performed RLMT (not just eh fact that u were selected out of so many candidates..it has specific requirements of where the jobs were posted and how long etc..), you should be fine.

[Frontier Mole]

Ok a few questions to see what is possible and if the RLMT was performed by default.

Are you a UK graduate?

Is the company your going to work for a large IT consultancy that undertakes large scale graduate recruitment?

If the answer is yes to both they have more than likely met the RLMT under the graduate entry schemes

[slimbee]

@iworker @Frontier Mole

Many thanks for your reply. Much appreciated.

The company is a large organisation and they hold a sponsor license. They also did RLMT by advertising both on their website and other job boards. Their concern is that they did not know I would require sponsorship and because the role is a graduate role with over 700 applicants, they would not be able to prove the settled worker clause. It seems because I am Tier 2 dependant, asides from the RLMT, the company also has to follow the clause that says' consideration has to be given to a settled worker over a migrant even if they do not have the skills and experience for the job and the migrant does.

I do not know how to convince them about this.

[slimbee]

@ Frontier Mole

To answer your questions.

I am a UK graduate, I had my masters degree here in the Uk.

Yes the company does recruit graduates on a large scale.

[slimbee]

Any ideas please.

ANYONE!!,