A theoretical question: RLMT excemption and UKBA visit

[VirtualWaver]

Hi guys,

I was always interested in the question below and would like to know your opinion on this please.

So some people are exempt from RLMT when applying for a Tier 2 General visa.

Let's imagine a scenario when someone gets a Tier 2 General visa without RLMT and working under eligible SOC code, for example, he is a Technical Analyst under 2135. He is a genuine worker. There are also settled workers in the company that are also Technical Analysts with similar skills as the migrant.

The migrant's company then gets a UKBA routine visit as they can do from time to time to check if migrants are genuinely working for the company.

If UKBA will see that there are many other settled workers doing the same job as the migrant, can they curtail migrant's visa based on the fact that company already has settled workers doing similar job or they cannot do this because the migrant originally was exempt from RLMT and thus didn't take any settled worker's job and company is happy to sponsor them?

Will be happy to hear our opinion on this. Thanks!

[noajthan]

Is this a party game?
Any points for observing there is no UKBA anymore so this is not hypothetical, this is a parallel universe.

[VirtualWaver]

Hehe Well, not UKBA but officers from HO then

[noajthan]

One imagines they would be sufficiently trained and experienced to take a holistic view rather than taking a situation at face value.
When did this happen?

[VirtualWaver]

I just remember when I was speaking with a lawyer last year regarding "genuine vacancy" thing they were saying about home office visits and then I was thinking about this question, just out of curiosity. This is not my case at all, I don't have any issues (and hopefully will not). Just an interesting topic to discuss for me.

[Frontier Mole]

They are called UKVI Compliance Officers if that helps.
Your parlour game question.

Non genuine vacancy arises under the following circumstances-
Was the role created solely to facilitate a tier 2 role
Could a non tier 2 candidate been deemed suitable at selection if there was a RLMT
Does the individual activity and actually undertake the role and does it fully meet the NQF6 criteria
Are there any functions of the role that are less than NQF6 level activities.
Is the visa holder paid the correct rate for the role and there is not a requirement to undertake unpaid hours
This is not an exhaustive list but covers off the main points.

So the there is no relevance to settled workers performing the same role as long as the above does not apply. The fact that there are settled workers doing the same role would actually suggest the role is genuine rather than not.

[VirtualWaver]

Thanks for your reply!

And what about this point:

Could a non tier 2 candidate been deemed suitable at selection if there was a RLMT

Obviously if we apply from a visa that do not require RLMT we still can apply to a role that potentially a settled worker could undertake if there was a RLMT. But as there was no RLMT the migrant took over. Is it a valid reason to cancel the visa or they cannot do this because there was no RLMT? Thanks.

[Frontier Mole]

If you are moving from tier 4 to tier 2 under the exemption allowed then there is no issue. Even if the job could have been filled If a RLMT had been undertaken by a settled worker.
The issue is not one of who could have filled the job when there is not a RLMT requirement. If the guidance allows Sponsors to directly recruit in this manner and ALL the exemptions are met then that is the end of the matter.
A Sponsor will not lose their licence based on the circumstances you have outlined.