Proposed changes to RLMT

[brijesh.thaker]

Hi,

I had been granted Tier 2 visa SOC code 2213 as a pre-reg pharmacist and then further extension done with different employer but for job within same code. The employer had carried out RLMT test at that time. Hours and salary declared on COS in 2012 were 31 hours and £32k. Following performance review both of them have been changed to 34 hours and £37k.

My visa is expiring in 09/2015. My employer is happy with my performance and wants me to continue. My question is do they have to carry out a new RLMT test because of the change in salary and hours? My employer informed me that they received something on SMS to suggest a new RLMT will be required if salary has increased. Also, can they change details on SMS now if they haven't done so already? Will I have right to appeal if application was made one month before expiry of current leave?

Regards

Brijesh

[iworker]

they dont have to do a RLMT if the SOC code is not changed.
You can apply from now to before your visa ends.
As a general rule, you get the right to appeal if your visa has expired (during the visa processing). If the decision is made before your visa expires, then u dont get a right to appeal.

[brijesh.thaker]

Thank you for your reply.

My employer has told me the message they received on SMS and why they thought I would require another RLMT.

It goes like this

' the Tier 2 General limit for the June 2015 panel has been oversubscribed, which has resulted in applications scoring less than 50 points being refused. Please note, if you still require a RCoS you must submit your request again to be considered at the next panel. If your request is for the same SOC code/role but the salary has increased since your last application, you will need to provide evidence that a new Resident Labour Market Test (RLMT) has been undertaken. You should also note that if your RLMT has expired because the adverts are now more than six months old, you must undertake a new RLMT'

I know it might be a silly question and I might be overthinking, it just means if an employer conducted RLMT for a new employee and job was advertised before changes to SOC salary for in April 2015, because general limit being over subscribed and application being refused, new job advert needs to be posted.

And this doesn't apply to continuation of employment and extension applications?

Gurus, would really appreciate if you drop a reply.

Regards

Brijesh