Restricted Certificates of Sponsorship - shortage occupation

[ahalim]

Hi there,

My name is Halim Currently, I am working as an architectural assistant. My current visa is Tier 5 (Exchange Leave to Enter) and it will be expired in the middle of September 2018. I have now been working here for nearly 2years under Tier 5 Visa.

So I have a few question need to ask :
1. Do we still need to carry out an RLMT? Since I still working in this company under Tier 5 and have been now for two years.
2. If so then, do I need to be interviewed by my employer again?
3. Due to me already having a Tier 5 Visa, is there a different process which is more suited to me instead of applying from the start for a tier 2 visa?
4. Does a cooling period off apply to me having been on a tier 5 visa?

I am looking forward to back from your in response to my question, thanks in advance.

Regards,
Halim

[Casa]

Are you aware that you are not permitted to switch from Tier5 GAE to Tier 2 General from within the UK.

There is no 'cooling off' period but your sponsor must carry our a full RMLT and prove that you haven't been pre-selected for the role, which may be a challenge if you have previously been sponsored by the employer under your Tier 5 visa.

Resident labour market test applies
97. You will be awarded 30 points if the sponsor has met the requirements of the resident
labour market test before assigning a Certificate of Sponsorship, or if an exemption from
the test applies. Your job will only have passed the test if there is no suitable settled worker
available to fill it.
98. You should confirm with your sponsor that they have indicated that a resident labour
market test has been completed on the Certificate of Sponsorship.
99. The requirements of the resident labour market test vary depending on the type of job and
are set out in the guidance for sponsors which is available on gov.uk.

[UKLL]

Hi there,

My name is Halim Currently, I am working as an architectural assistant. My current visa is Tier 5 (Exchange Leave to Enter) and it will be expired in the middle of September 2018. I have now been working here for nearly 2years under Tier 5 Visa.

So I have a few question need to ask :
1. Do we still need to carry out an RLMT? Since I still working in this company under Tier 5 and have been now for two years.
2. If so then, do I need to be interviewed by my employer again?
3. Due to me already having a Tier 5 Visa, is there a different process which is more suited to me instead of applying from the start for a tier 2 visa?
4. Does a cooling period off apply to me having been on a tier 5 visa?

I am looking forward to back from your in response to my question, thanks in advance.

Regards,
Halim

1. Yes you need to carry out an RLMT and you need to leave the UK and apply from your home country. You will need a restricted CoS
2. Yes you need to be interviewed again because there could be many applications once the job is advertised
3. There is no difference, it is the same as someone overseas trying to apply for a Tier 2, you need to leave the UK to apply
4. No

[ahalim]

Thank you very much for the quick reply.

I have another question, is there any method to find out either you pass the RLMT or not straight after 28days?

I do really appreciate all of your time.

Many thanks,
Halim

[Casa]

It's the sponsor who has to pass the RMLT. One would assume that after the role has been advertised for a minimum of 28 days, that there would be interview processes to go through from other applicants.

[ahalim]

Thanks for your reply,

I have a question, my company has already started advertising the job. At the meantime, we have already received 3 applicants, but all of them are not locally from England. Do I need to mention in the Job description that our company is not able to provide any VISA? is this how to pass the RLMT?

Many thanks,
Halim

[CR001]

Do I need to mention in the Job description that our company is not able to provide any VISA?

You wont' qualify for the job then either will you if that is stated!!

[ahalim]

Yes indeed, it is true I won't be qualify. But please correct me if I wrong, the purposed of doing job advertise for Resident Labour Market Test(RLMT) is to give a priority to UK resident to apply for the job and at the same time reduced unemployment rates. If there is no one suitable and qualify, then you can apply for Certificate of Sponsorship with attached of proven document pass the RLMT.

Last but not least, I do apologize for this confusion.

Regards,
Halim

[UKLL]

Yes indeed, it is true I won't be qualify. But please correct me if I wrong, the purposed of doing job advertise for Resident Labour Market Test(RLMT) is to give a priority to UK resident to apply for the job and at the same time reduced unemployment rates. If there is no one suitable and qualify, then you can apply for Certificate of Sponsorship with attached of proven document pass the RLMT.

Last but not least, I do apologize for this confusion.

Regards,
Halim

To be able to apply for a Certificate of Sponsorship, your company must be a Tier 2 Sponsor, is your company a Tier 2 Sponsor?

[ahalim]

Unfortunately, my company is not a Tier 2 Sponsor, yet. They are very looking forward to further my Visa from Tier 5 to Tier 2. Is it true you can register to be a Tier 2 Sponsor right after RLMT successfully done? or should do that first before RLMT? Which one is the first step actually?

[Casa]

Unfortunately, my company is not a Tier 2 Sponsor, yet. They are very looking forward to further my Visa from Tier 5 to Tier 2. Is it true you can register to be a Tier 2 Sponsor right after RLMT successfully done? or should do that first before RLMT? Which one is the first step actually?

The employer needs to first show that the RLMT has been carried out correctly and then apply for the sponsor licence through the online application portal.

[ahalim]

How long will it take to apply for the sponsor licence? and what sort of document my company need to provide?

[CR001]

It can take a few weeks or a few months.

Tier 2 Sponsorship Guidance (click)

What is the job that you do??

[ahalim]

Thank you very much for that link.
I'm working as Architectural Assistant - specialised on 3D visualiser.

[ahalim]

Hi Everyone,

I have a difficulty while filling up the application for restricted CoS - Employment details in The Sponsorship Management System (SMS).

I am having problems when selecting my job type from the drop-down menu under Migrants employment as my code 'SOC CODE - 3121' (architectural assistant) is not there as a choice.

I have managed to complete the first part including work dates, start and finish. But just can't see my code in the drop down even though it appears when I click on the help section below.

Please, can you advise on the best solution?

Regards,
Halim

[CR001]

Why are you completing the details on the SMS systems for your RCoS?

It is the employers authorised user that has to do this.

[ahalim]

Hello,

My employer has come to me asking the question so, I was going to see if I can find the answer.

Just for your information, I am currently working as a tier 5 temp working visa for the second year at the same company, which I am now applying for the Tier 2 restricted working visa.

So any help would be appreciated.

Regards,

Halim

[CR001]

Just for your information, I am currently working as a tier 5 temp working visa for the second year at the same company, which I am now applying for the Tier 2 restricted working visa.

Yes, I know, I have merged your topics.

Your employer should contact the helpdesk for advice and help.

[ahalim]

Thanks for the reply

[ahalim]

Hi everyone,

As a general query does a restricted CoS application require a job which on the list of shortage occupation only? or can it be something like SoC code 3121 as an architectural assistant which is not on the list.

So I am currently working in the UK under a tier 5 working visa which lasts two years. This is ending so I will be going home and then applying for a tier 2 restricted working visa. I have been offered the job from the company who has completed the RLMT genuinely (recently granted A-rated sponsor licence) and has offered me this position with 25k per annum.

Is this the correct route to go down with my application? Going from tier 5 to a tier 2 Visa. My current employer under my tier 5 visa, will also be my continued employer under the tier 2 for which they are applying for me, and just want confirmation that this is the best solution.

Regards,

[CR001]

No, RCoS is not only for shortage occupation.

How old are you?

Only certain circumstances permit a salary under £30k per annum.

[ahalim]

I'm 24 years old.

So, are my company eligible to apply RCoS with the job position Architectural Assistant with £25k/annum? My company has completed the RLMT genuinely and recently granted A-rated sponsor license.

Many thanks.

[CR001]

What is the salary range in the SOC?

[CR001]

You can apply as new entrant yes.

[ahalim]

Hi,

Woww, Very Impressive with the quick reply.

What's the age limit to apply for a new entrant?