TIER 1 APPEAL WITHDRAWAL AND TIER 2 APPLY- MARKET TEST NEED

[taranp]

Dear All,

I am extremely puzzled and worried about my situation:

. Applied for Tier 1- 50 k route (PSW) - refusal on 2014 May
. Appeal on end of December - FTT

Now
. Found the employer who is ready to issue COS, question arises now:

- Do employer need to conduct RMLT for 28 days before issuing COS
- Cos will be issued after appeal withdrawn or before
- out of time application can be made after appeal withdrawal only, but what about COS- it will be allocated after or before appeal withdrawal. if appeal withdrawn before issuing COS then employer will be in problem- they cannot issue COS who is in grace period.

please find one link from WHATDOTHEYKNOW:

https://www.whatdotheyknow.com/request/ ... while_tier

( Couldn't understand about- RMLT).

- it says about Section 3c ends leave then automatically goes to last granted leave as PSW- what about current situation. I am on psw status now or no.

Policy guidance says:
- Market test will be exempted for PSW or last leave as PSW... (confusing)

I visited two solicitors one says- I need to go through RMLT and other say no Need.

have any one got VISA from this way. please guru help me out.


Kind Regards,
Taranp

[smart_gem]

In your case RLMT is not required as you are still on Tier 1(PSW) under section 3C (Assuming that you made the appeal in time)
COS can be issued because you are still under section 3C and are legal.
The visa application process is a bit different in your case. I think you need to withdraw your appeal and file the case on same day. You can also apply in person for Tier2 and you can get the decision then and there

[ahmedsami]

I have got same issue....my appeal hearing for tier1 entrepreneur is in next week. I have also got job offer from a firm having t2 cos.
I am planning to see the outcome of appeal. If unsucessful, planning to shift to T2
I tried to ask this question couple of solicitors. They are uncertain aswell. I know one of my friend has withdrawn his case and applied for T2, he got visa without Labour residency test.
If please update, if anyone has got info