1月份剛更新Sponsor的指導條文：
最下面under Post-work study 的f) 項, 是不是說如果T4 (現在還是學生簽證，已經確認了通過碩士學位的) 轉T2 就不需要 labour market test 了???
RESIDENT LABOUR MARKET TEST - TIER 2 (GENERAL)
283. The resident labour market test is a process you must follow (unless an exemption applies) before you can assign a CoS under Tier 2 (General). The test is there to protect the settled workforce and means that you must advertise the job you want to recruit for to give settled workers a fair chance to apply. You can only recruit a migrant from outside the settled workforce if:
a) you have completed a resident labour market test and can show that no suitable settled worker is available to fill the job; or
b) the job is exempt from the resident labour market test.
284. Where we refer to a suitable settled worker, we mean any settled worker who has the skills and experience you are seeking. If you find that you have more than one candidate who has all the necessary skills and experience that you advertised for, where one of them is a settled worker and the other is a migrant, you must appoint the settled worker even if the migrant is more skilled or experienced than the settled worker. The only exception to this rule is if the job falls within one of the PhD SOC Codes listed in paragraph 251, when you can appoint a migrant if they are the most suitable candidate.
EXEMPTIONS FROM THE RESIDENT LABOUR MARKET TEST
285. This section sets out all of the circumstances in which you do not have to conduct a resident labour market test before you can assign a CoS under Tier 2 (General).
CONTINUING TO WORK IN THE SAME OCCUPATION
286. If the migrant is already working for you and they need to extend their leave to continue working for you in the same occupation, you do not need to conduct a resident labour market test.
SHORTAGE OCCUPATIONS
287. Shortage occupations are ones for which there are not enough settled workers to fill available jobs in particular sectors. You do not have to conduct a resident labour market test before assigning a Tier 2 (General) CoS to fill a job in a shortage occupation. You can only assign a CoS for a job on the shortage occupation list if the migrant is contracted to work for a minimum of 30 hours per week.
288. The Migration Advisory Committee (MAC) make recommendations about shortage occupations and the current shortage lists have been agreed by government and are available on our website at .ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/ shortageoccupationlistnov11.pdf You should note that this document includes a separate list of shortage occupations for Scotland. If you are filling a vacancy which is listed only on the shortage occupation list for Scotland, the vacancy must be in Scotland.
289. These lists are updated periodically. This is because the MAC review the lists regularly and whenever they make any new recommendations that are agreed by government, the lists are updated. More information about the MAC is available on website
POST-STUDY WORK
290. You do not have to conduct a resident labour market test if a migrant you want to sponsor is applying for Tier 2 (General) leave in the UK and has, or was last granted leave to enter, or to stay in the UK under:
a) Tier 1 (Post-study work); or
b) Tier 1 (Graduate Entrepreneur); or
c) the International Graduates Scheme; or
d) the Fresh Talent Working in Scotland Scheme; or e) the Science and Engineering Graduates Scheme;
or where
f) they currently have permission to stay in the UK 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 received final results confirming that they:
I. have passed and will be (or have been) awarded a UK recognised bachelor’s or master’s degree; or
II. have passed and will be (or have been) awarded a UK Postgraduate Certificate in Education; or
III. have passed and will (or have been) awarded a Professional Graduate Diploma of Education; or
lV. have completed a minimum of 12 months study in the UK towards a UK PhD.
