Case No. UKUT-00286-(IAC)

to accompany Table 12 appear below that table. Table 12 Notes 88. In order to obtain points for sponsorship, the applicant will need to provide a valid Certificate of Sponsorship reference number in this category. 89. A Certificate of Sponsorship reference number will only be considered to be valid for the purposes of this sub-category if: (a) the number supplied links to a Certificate of Sponsorship Checking Service entry that names the applicant as the Migrant and confirms that the sponsor is sponsoring him as a Tier 2 (Minister of Religion) Migrant, and (b) the Sponsor is an A-rated Sponsor, unless: (1) the application is for leave to remain, and (2) the applicant has, or was last granted, leave as a Tier 2 (Minister of Religion) Migrant, a Minister of Religion, Missionary or Member of a Religious Order, and (3) the applicant is applying to work for the same employer named on the Certificate of Sponsorship which led to his last grant of leave or, in the case of an applicant whose last grant of leave was as a Minister of Religion, Missionary or Member of a Religious Order, the same employer for whom the applicant was working or stated he was intending to work when last granted leave. 90. The sponsor must have assigned the Certificate of Sponsorship reference number to the migrant no more than 3 months before the application is made and the reference number must not have been cancelled by the Sponsor or by the United Kingdom Border Agency since then. 91. The migrant must not previously have applied for entry clearance, leave to enter or leave to remain using the same Certificate of Sponsorship reference number, if that application was either approved or refused (not rejected as an invalid application, declared void or withdrawn). 92. In addition, the Certificate of Sponsorship Checking Service entry must: (a) confirm that the applicant is being sponsored to perform religious duties, which: (i) must be work which is within the Sponsor’s organisation, or directed by the Sponsor’s organisation, (ii) may include preaching, pastoral work and non pastoral work, (iii) must not involve mainly non-pastoral duties, such as school teaching, media production, domestic work, or administrative or clerical work, unless the role is a senior position in the Sponsor’s organisation, and (b) provide an outline of the duties in (a), (c) if the Sponsor’s organisation is a religious order, confirm that the applicant is a member of that order, (d) confirm that the applicant will receive pay and conditions at least equal to those given to settled workers in the same role, that the remuneration complies with or is exempt from National Minimum Wage regulations, and provide details of the remuneration, (e) confirm that the requirements of the resident labour market test, as set out in paragraph 92A below, in respect of the job, have been complied with, unless the applicant is applying for leave to remain and the Sponsor is the same Sponsor as in his last grant of leave, (f) confirm that the migrant: (i) is qualified to do the job in respect of which he is seeking leave as a Tier 2 (Minister of Religion) Migrant, (ii) intends to base himself in the UK, and (iii) will comply with the conditions of his leave, if his application is successful, and (g) confirm that the Sponsor will maintain or accommodate the migrant. 92A. To confirm that the Resident Labour Market Test has been passed or the role is exempt from the test, and for points to be awarded, the Certificate of Sponsorship Checking Service entry must confirm: 1. (a) That the role is supernumerary, such that it is over and above the Sponsor’s normal staffing requirements and if the person filling the role was not there, it would not need to be filled by anyone else, with a full explanation of why it is supernumerary; or (b) That the role involves living mainly within and being a member of a religious order, which must be a lineage of communities or of people who live in some way set apart from society in accordance with their specific religious devotion, for example an order of nuns or monks; or (c) That the Sponsor holds national records of all available individuals, details of those records and confirmation that the records show that no suitable settled worker is available to fill the role; or (d) That a national recruitment search was undertaken, including the following details: (i) Where the role was advertised, which must be at least one of the following: (1) a national form of media appropriate to the Sponsor’s religion or denomination, (2) the Sponsor’s own website, if that is how the Sponsor usually reaches out to its community on a national scale, that is where it normally advertises vacant positions, and the pages containing the advertisement are free to view without paying a subscription fee or making a donation, or (3) Jobcentre Plus (or in Northern Ireland, JobCentre Online) or in the employment section of a national newspaper, if there is no suitable national form of media appropriate to the Sponsor’s religion or denomination; (ii) any reference numbers of the advertisements; (iii) the period the role was advertised for, which must include at least 28 days during the 6 month period immediately before the date the Sponsor assigned the Certificate of Sponsorship to the applicant; and (iv) confirmation that no suitable settled workers are available to be recruited for the role; or the applicant must be applying for leave to remain and the Sponsor must be the same Sponsor as in his last grant of leave.