"SOS" Help: Switching From Tier1 General To Tier2

[kingbobby57]

Hi All,

Please help me in my question.

Here is my background:
1. I am currently on Tier1 General, expires in May.. Planning to apply for Tier2 General with sponsor certificate assigning to me.
2. I have salary which meets my required level according to the guidance.
3. Employer has advertised about this job with several head hunters and also some careers websites before hiring me.
4. As I am shifting from Tier1 to Tier2 general, I need to pass the market labour test as I believe I dont fall under any exceptions from taking this test.
5. According to UKBA, The advertisement should be there for at least 28 days continuously at Jobcenter Plus + head hunters or some websites.

My question:
1. As in my case, I am employed at the same employer on my Tier1 General Visa, shifting to Tier2 General. While hiring for the job it was not advertised on the Jobcenter Plus. Employer advertised at different websites and also head hunters for several months.
2. Is advertising at Jobccenter Plus is Mandatory/MUST to pass the labour market test?
3. If YES, in this case, It is not advertised... what is the process to follow next to pass the labour market test without Jobcenter Plus.

Awaiting for responses from the experts asap.
Cheers,
Bobby

[manci]

Where RLMT is required advertising for 28 dasy in Jobcentre Plus is mandatory. See the Tier 2 Policy Guidance:

84. You should also confirm that your sponsor has stated the Jobcentre Plus (or JobCentre Online for jobs in Northern Ireland) vacancy reference number on the Certificate of Sponsorship. Your sponsor does not need to do this if you are being sponsored to work in one of the following jobs:
• where recruitment took place through milkround exercise; or
• where there are stock exchange disclosure requirements; or
• creative sector jobs where the code of practice states that advertising is not required because you will be making an additional contribution to the UK labour market; or
• named researchers;
• where resident labour market test is not required.