URGENT: RLMT for Switching From Tier 2 ICT Dependent to Tier 2 General

[justin007]

Hello,

I am on Tier 2 ICT dependent visa on my husband's, which is going to expire in the next two months and can be extended for only 1 more year. I have recently been offered a job of 'Research Associate' at the University, salary is more than £30,000 and is an Academic/Research position and is for 3 years contract. My job was advertised for only 20 days instead of 28 days. Hence, I don't meet only 1 criteria to apply for a CoS and undergo Resident Labour Market Test.

1) if I join the job as a Tier 2 ICT dependent and after a year, I approach my University to sponsor my visa under Tier 2 General,will I have to undergo Resident Labour Market Test?

2) if yes, will they need to advertise the job again for 28 days after 1 year for RLMT or it can be exempted as I will continue the same job under the same employer?

3) Will I then be applying for an Unrestricted CoS or Restricted CoS?

Thanks,
M

[CR001]

What is the SOC they are offering??

1) if I join the job as a Tier 2 ICT dependent and after a year, I approach my University to sponsor my visa under Tier 2 General,will I have to undergo Resident Labour Market Test?

Yes, your sponsor will still need to do the RLMT even if you are employed by them.

2) if yes, will they need to advertise the job again for 28 days after 1 year for RLMT or it can be exempted as I will continue the same job under the same employer?

Not exempted. A new RLMT will be required.

3) Will I then be applying for an Unrestricted CoS or Restricted CoS?

Restricted CoS as you have to apply from your home country. Unrestricted CoS is for applications within the UK, which does not apply to PBS Dependants applying for Tier 2 General.

[justin007]

Hi,
Many thanks for your prompt response.

SOC 2119. The university is also not very clear about the whole process as they are saying that it is a long and complicated process. They said if I have joined the job, then next year it will be an easier way to get a visa as you will be exempted from RLMT.

But other forums and websites have different advice.

[CR001]

SOC 2119. The university is also not very clear about the whole process as they are saying that it is a long and complicated process. They said if I have joined the job, then next year it will be an easier way to get a visa as you will be exempted from RLMT.

A PhD level job still requires RLMT if it is not a shortage occupation, which 2119 is not.

But other forums and websites have different advice.

You should only read the official HO website and documents. Below is the sponsor guidance notes, see page 116.

https://assets.publishing.service.gov.u ... l_v1.0.pdf

[justin007]

Thanks again.

I have gone through that document. But are the advertising period a bit more relaxed for PhD level jobs? Is 28 days necessary if I meet all the other criteria. I have done my studies here in the UK and have been working since 3 years now in a different project but in the same university.

I am not sure how to approach my employer on this as they are a bit hesitant to undertake RLMT and issue me the CoS.

[CR001]

RLMT must be done for 28 days.

The exception for PhD level jobs is that it is not mandatory to advertise on JobCentre Plus Universal JobMatch.