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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We are a small company (6 staff) with a sponsorship licence

Customer Question

We are a small company (6 staff) with a sponsorship licence with UKBA. We have a member of employed staff on a tier 1 visa which ends on August 11th. Our understanding i sthat she can apply for an unrestricted tier 2 visa (we have 1 allocated bu UKBA) without the job being on the shortage occupation list nor completing the labour market test.
I ask this because the UKBA online application for the visa makes it look like this is required.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.

The resident labour market test must be carried out unless the employee is currently on a

  • Tier 1 (Post Study Work) visa – this category was closed to new applicants in April 2012
  • the International Graduates Scheme
  • the Fresh Talent Working in Scotland Scheme
  • the Science and Engineering Graduates Scheme.

or unless the job is on the shortage occupation list or is a high earner on a salary of at least 153,500.

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