Am I exempt from resident labour market test if I held a Tier 4 visa before my current Tier 2?

[Door8879]

Some background: I was on a Tier 4 student visa while at university in the UK from 2013-2017. After that, I found a job and immediately switched to a Tier 2 General visa. At that point, I was exempt from the resident labour market test.

My question is, today if I wanted to switch jobs, would I still be exempt from the resident labour market test? I would be switching to a completely unrelated job, but it meets all the requirements to sponsor someone on a Tier 2 visa (but it is not on the occupational shortage list). I have not left the UK since obtaining my past Tier 4 visa, or my current Tier 2 visa.

Here is the section of the immigration rules that I am struggling to interpret:

Post-study work
28.8 You do not have to carry out a resident labour market test if a migrant you want to sponsor is already in the UK and is applying to switch into Tier 2 (General) leave and has, or was last granted leave to enter, or to remain in, the UK under one of the following:
[...]
• where they have, or were last granted, leave 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 completed either:
o a course leading to a UK recognised bachelor’s or master’s degree o a course leading to a UK Postgraduate Certificate in Education or a Professional Graduate Diploma of Education
o a minimum of 12 months study in the UK towards a UK PhD

Any help would be greatly appreciated! Thank you

[CR001]

You don't have a tier 4 as your most recent leave to remain.

You are therefore not exempt from RLMT if changing sponsors and tier 2 to tier 2.

[Door8879]

It's not the most recent leave to remain, but I was wondering if this part of the rule applies:

a continuous period of leave, that includes their last grant of leave

In my case, the Tier 4 visa was granted before a continuous period of leave since I have not left, or am I misunderstanding this?

[vinny]

CR001 is correct.

(f) If applying as a Tier 2 (General) Migrant, the applicant must have a minimum of 50 points under paragraphs 76 to 79D of Appendix A.

A Tier 2 (General) Migrant is not exempt under 78B

Post-Study Work

78B. In order for a Resident Labour Market Test exemption to apply for post-study work:
(a) the applicant must be applying for leave to remain,
(b) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as:
(1) a Tier 1 (Graduate Entrepreneur) Migrant,
(2) a Tier 1 (Post-Study Work) Migrant,
(3) a Tier 4 Migrant, and
(c) Where (b)(3) applies, the applicant must meet the requirements of paragraph 245HD(d) of these Rules.