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RLMT exempt? Tier 2 changing employer, originally Tier 4

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

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eduleal
Member
Posts: 181
Joined: Mon Nov 18, 2013 6:07 pm

RLMT exempt? Tier 2 changing employer, originally Tier 4

Post by eduleal » Wed Aug 10, 2016 6:44 pm

Hi there,

I originally switched from my Tier 4 visa to Tier 2 after completing my Masters. DIdn't need a Resident Labour Market Test at the time, because of the post-study factor.
Have been employed for almost 3 years and have an offer to change jobs (big opportunity).

In order to apply for Change of employment (effectively a new visa application), would the company need to run a RLMT this time?

The Tier 2 guidance is confusing on this aspect.
It says their exempt if applying for Tier 2;

where they have, or were last granted permission to stay in the UK 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 received final results
confirming they have:
o passed and will be (or have been) awarded a UK recognised bachelor’s or
master’s degree or
o passed and will be (or have been) awarded a UK Postgraduate Certificate in
Education or
o passed and will be (or have been) awarded a Professional Graduate
Diploma of Education or
o finished a minimum of 12 months study in the UK towards a UK PhD

Doesn't a Masters degree whilst on Tier 4 (before switching to Tier 2) apply to "a continuous period of leave, that includes their last grant of leave"?

iworker
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Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
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Re: RLMT exempt? Tier 2 changing employer, originally Tier 4

Post by iworker » Thu Aug 11, 2016 9:30 am

they will need rlmt .
it is not confusing at all.
your last granted visa was not tier 4, but tier 2..

eduleal
Member
Posts: 181
Joined: Mon Nov 18, 2013 6:07 pm

Re: RLMT exempt? Tier 2 changing employer, originally Tier 4

Post by eduleal » Thu Aug 11, 2016 1:57 pm

Thanks for your reply.
I found the wording slightly ambiguous, therefore worth checking.

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