Switch from Tier 4 PBS Dependent to Tier 2 General

[shubhendra]

Hi,

My sister is on Tier 4 PBS Dependent and is currently working for a company who has Tier 2 License and are ready to sponsor her. The question is, does the company have to go through the Resident Labour Market Test or her case is exempted?

She has been working for the company for more than a year.

Many thanks
Shubhendra

[iworker]

rlmt need to be done.
restricted cos needed.
she can apply within uk.

risk of pre-selection and rejection of visa is likely.

[shubhendra]

Thank you for your reply.

Regards

[Casa]

iworker is right. How are the company going to prove that your sister hasn't been pre-selected for the position when she has been employed for more than a year?

A slim to zero chance that the visa will be granted.

[shubhendra]

Why would the company not prefer her over others if she is better and already knows the company processes?
Clearly she holds an advantage of 1 year in the same company over others.

Having considering the above, the company will still do the RLMT as per UKVI rules.

What are mandatory proofs that UKVI asks a company (for RLMT) before giving a visa?

[CR001]

Why would the company not prefer her over others if she is better and already knows the company processes?
Clearly she holds an advantage of 1 year in the same company over others. Well not really, a person who is BC or EU or has ILR has the advantage.

Having considering the above, the company will still do the RLMT as per UKVI rules.

What are mandatory proofs that UKVI asks a company (for RLMT) before giving a visa? That there is no British or EU citizen or person with ILR that can do the job. HO could ask to see interview notes, CVs, how many applicants applied and will want to know the reasons why other candidates were not suitable.

[Casa]

"If a UK-resident worker applies for the job and has all the correct qualifications, experience and skills, you cannot employ a migrant over them, even if the migrant is more qualified"