Tier 2 application refused

[Rr1987]

Tier 2 visa rejected due RMLT not done[/color]

Recently i have changed the employer and got COS from new employer. I went for premium in person appointment today (April 18th 2016) .I was told that my employer did not perform residence labour market test. The reason is that the job has to be advertised in the universal job center or job center plus.

Can someone answer the following questions?

I was under the assumption since cos is issued it automatically passes the labour market test. Can cos be issued without advertising on job center plus or passing the Residence labour market test?

Also they gave visa for my wife and there will not be any refund on the fees that i paid for myself?

How many days i can be without employment to be eligible for ILR as my previous employer cancelled my COS on april 4th 2016?

Is it fine if i go for an appeal stating that how can cos be issued without passing the labour market test?

[moonlight55]

Responsibility of doing RLMT and reporting it lies with the employer. HO system will not automatically check if RLMT was done or not. Employer has to provide RLMT details while generating the COS. I guess the case worker has not seen any RLMT details or was not satisfied with it.

And yes, a RLMT (as defined in the guidance) is required for your application to be successful (unless your job is in shortage occupation list).

I don't think your appeal will succeed if RLMT was not conducted by the employer.

[CR001]

there will not be any refund on the fees that i paid for myself?

No, you will not get refund of your fee. If you reapply, you will also have to pay the visa fee again.

Unlikely an appeal will be successful as moonlight55 has said.

[iworker]

"Also they gave visa for my wife"
What does this mean.. if your wife was your dependent, she cant get a visa while you dont.
ask employer to re-do the rlmt, generate a new cos, you apply again with new cos, pay new fee and get the visa.
Have you received a curtailment letter from ukvi since your old employer cancelled your cos?