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Discussion Starter · #1 ·
Hi,

Am currently employed in the UK under a tier 5 youth mobility Visa. My employer is looking at sponsoring me (tier 2) to continue to work in the same position. I understand I would have to go back to Australia while the visa is processed which is fine. As a guide I earn over £35,000 and meet the job requirements for sponsorship.

My questions is whether the employer will have to undertake a Resident Labour Market Test in order to get the Certificate of Sponsorship issued as am on a tier 5 YMV? I will be working in the same role I am currently in.

Any help or guidance is greatly appreciated.

Cheers
Sam
 

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Unless your job is on the occupation shortage list, I believe your employer will have to undertake the Residential Labour Market test. Unless it has changed, they would need to advertise the job for a month but the risky thing for you is that if any UK/EU national applies for the job and meets the criteria (i.e.: can do the job) they must select them over you.

It happened to me when I first moved here. The company wanted me on a tier 2 visa instead of my YMS visa. They advertised the job and an overqualified local person applied and therefore got the job.
 

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Discussion Starter · #4 ·
Thanks both for the prompt reply.

My job is fairly specialised but would have to think someone in the UK/EU would be able to fill it unfortunately.

Employer is very keen for me to stay so might ask if they can try anyway. Know that they recently tried to fill a similar position without any luck so can see if I can have them go through the process .

Cheers
 
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