Change of Employment - RLMT

[hrm12]

Hello,

Could someone please provide urgent advise on the following:

Currently on Tier 2(general) and I have been offered a new job in another organisation. The company has registered itself with UKBA and provided me with an unrestricted CoS. The HR has told me that they had completed the RLMT as well during the process but didn't look very convinced.

Now I am intending to apply using the CoS however have a doubt. In case the new company hasn't done RLMT correctly (jobcentre + another means of advert) will it affect my application or does UKBA check RLMT while issuing the CoS and I shouldn't be worried. Would there be any concern later after obtaining visa when the immigration office checks the RLMT process the company had done.

Many thanks.

[physicskate]

Hello,

Could someone please provide urgent advise on the following:

Currently on Tier 2(general) and I have been offered a new job in another organisation. The company has registered itself with UKBA and provided me with an unrestricted CoS. The HR has told me that they had completed the RLMT as well during the process but didn't look very convinced.

Now I am intending to apply using the CoS however have a doubt. In case the new company hasn't done RLMT correctly (jobcentre + another means of advert) will it affect my application or does UKBA check RLMT while issuing the CoS and I shouldn't be worried. Would there be any concern later after obtaining visa when the immigration office checks the RLMT process the company had done.

Many thanks.

If the RLMT was not done correctly, your visa will be refused. This is why we recommend handing in your notice AFTER you receive your new BRP.

[hrm12]

Many thanks for the quick response.

My concern is as I am bearing the cost of visa application, I will be losing money for something that should be checked by UKBA before issuing CoS as RLMT is an employer and UKBA process.

[hrm12]

So in case the visa is refused on wronf RLMT basis will I be given a refund of application fee as it a fault on my side?

[hrm12]

So in case the visa is refused on wronf RLMT basis will I be given a refund of application fee as it a fault on my side?

Sorry Type " its not a fault on my side"

[Frontier Mole]

It is not UKVI's responsibility to actually check the RLMT
It is the employers / sponsor to ensure it is completed properly. Even once the visa is issued the licence can be lost if the RLMT was incorrect.

One question to ask yourself. If they offered you the job before they got their licence that might indicate the RLMT was suspect.

[hrm12]

Thanks for the reply frontier mole.

Well the company had advertised a genuine vacancy on website and with recruitment agents and interviewed several people out of which they felt I was the best candidate and who could do justice to the role. After which they found they could hire me using Tier 2 for which they applied a license. Does the RLMT should be be necessarily done after getting a licence? Please note the company had no specific intention of hiring a non EU worker but someone who could suit the role the best.

[eefa05]

as soon as you make the application and pay the fees, then if anything is wrong then you will lose it. They dont check before hand. Happened to me, employer applied for the wrong cos, I had no idea (actually they didnt realize as well), thought they did everything right. I went applied, paid all the money, priority too. When it went in, two days later got an email that the employer got the wrong one and it ended up refused. Lost all that money!

[physicskate]

Thanks for the reply frontier mole.

Well the company had advertised a genuine vacancy on website and with recruitment agents and interviewed several people out of which they felt I was the best candidate and who could do justice to the role. After which they found they could hire me using Tier 2 for which they applied a license. Does the RLMT should be be necessarily done after getting a licence? Please note the company had no specific intention of hiring a non EU worker but someone who could suit the role the best.

Hm this sounds a bit suspect with regards to the RLMT. Honestly it isn't about finding the 'best' applicant, so even if the EU workers weren't the best, but were suitably qualified to do the job, you cannot be hired.

https://www.gov.uk/government/uploads/s ... d_v1_2.pdf

Page 85 onwards:
"28.2A
suitable settled worker means any settled worker who has the skills and experience
you are seeking. If you find that you have more than one candidate with all the
necessary skills and experience you advertised for, where one 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."

[hrm12]

Hi PHYSICSKATE,

When I mentioned 'Best' I meant skills sets and experience for the role. I am sure no organisation will be willing to go through the pain staking procedure of UKVI and spend money for licence unless they really couldn't find an appropriate EU worker to match required skill and experience. It cannot be denied that the Uk industry is 'SHORT' on skilled and experienced worker in major fields.

Well I am currently not on this forum to discuss my experience but query about the UKVI procedure

[physicskate]

And I was just trying to let you know that if any other suitably qualified and skilled person applied for the job, the RLMT was not passed and you might get a refusal... That's it.