Resident Labour Market Test Advert Announcement- TIER2

[mammadj]

Hi all,

I am currently working in London under TIER2 visa. I wanted to change my employer, so I applied several companies. I passed all the interviews (talking about my potential company) & met hiring manager and his team (application stage -> online tests -> assessment center with two technical interviews -> meeting hiring manager -> meeting 2 other people (deputy manager & another graduate) from my prospective team) .
Few days later I received a call from the recruiter who asked about my current residency status in the UK & then asked me to send her my current visa/BRP. After I sent the requested documents to her, the recruiter said to me that they would need to provide me a sponsorship for this job & need to conduct Resident Labour Market test to do so. She told me I should wait for one month and then they will come back to me with news.

This is my story and there are several things which make me really worried, so I would appreciate if someone could answer my below questions:
1) I do not have any offer letter. I asked them to provide me at least a conditional offer, but they said they cannot do this. Is this normal? Can't they at least give me a conditional offer during/before R.M.L.T. process? Do I have to just relax and wait a month to pass without having any kind of confirmation saying that I have an offer from the company X?

2) They posted the job advertisement online after they talked to me (16.05.2017). The closing date of receiving applications was 17.06.2017. However 11 days later (on 27.05.2017), they changed closing date of receiving applications to 28.06.2017. I checked the job details (description) and nothing has been changed. They simply extended the closing date for no reason (at least I am not aware of). Can you think of any reasons why they do so? Does it mean that they won't be able to pass R.M.L.T before 11th of June? Is the first closing date (01.06.2017) still useful and they can complete R.M.L.T procedure by the 1st of June?

3) My potential employer is a well-known investment bank and I do not think they will have any problem with the sponsorship. However my biggest worry is that maybe the bank itself is not really interested in hiring me. Because I have not been given any offer letter, they have not told me where they posted job announcements (I found it myself), they have not told me the reason why they changed application closing date. I have a feeling that the company will simply withdraw my application with some reasons after some time. What do you think of my case here? Should I be worried?

[a2$h]

1. They are within their rights to first complete the RMLT and then extend the offer letter to you. They would be violating the very labour test if they give you offer letter before its completion.

2. Where did you get the date 01-Jun? I see your start of test date as 16-May and end as you mentioned 17-Jun. RMLT needs to be of minimum 30 days, though some employers extend it for a few more days.

3. I cannot comment on your employer's intention but you can definitely get in touch with your HR regarding the end date of your RMLT or when will they start their process to file COS.

[CR001]

1) I do not have any offer letter. I asked them to provide me at least a conditional offer, but they said they cannot do this. Is this normal? Can't they at least give me a conditional offer during/before R.M.L.T. process? Do I have to just relax and wait a month to pass without having any kind of confirmation saying that I have an offer from the company X?

You cannot be offered the job, in any capacity (conditional or final) BEFORE the RLMT has been conducted and concluded to prove that there is no BC/EU or ILR person that is suitable for the job.

2) They posted the job advertisement online after they talked to me (16.05.2017). The closing date of receiving applications was 17.06.2017. However 11 days later (on 27.05.2017), they changed closing date of receiving applications to 28.06.2017. I checked the job details (description) and nothing has been changed. They simply extended the closing date for no reason (at least I am not aware of). Can you think of any reasons why they do so? Does it mean that they won't be able to pass R.M.L.T before 11th of June? Is the first closing date (01.06.2017) still useful and they can complete R.M.L.T procedure by the 1st of June?

It is their choice to extend and they don't have to tell you either. RLMT adverts MUST be AT LEAST 28 days and be posted on Universal Job Match and one other (not linkedin etc).

3) My potential employer is a well-known investment bank and I do not think they will have any problem with the sponsorship. However my biggest worry is that maybe the bank itself is not really interested in hiring me. Because I have not been given any offer letter, they have not told me where they posted job announcements (I found it myself), they have not told me the reason why they changed application closing date. I have a feeling that the company will simply withdraw my application with some reasons after some time. What do you think of my case here? Should I be worried?

They DO NOT have to tell you anything about the process of RLMT. They CANNOT offer YOU the job until RLMT is complete, by doing this, RLMT will fail.

[mammadj]

1. They are within their rights to first complete the RMLT and then extend the offer letter to you. They would be violating the very labour test if they give you offer letter before its completion.

2. Where did you get the date 01-Jun? I see your start of test date as 16-May and end as you mentioned 17-Jun. RMLT needs to be of minimum 30 days, though some employers extend it for a few more days.

3. I cannot comment on your employer's intention but you can definitely get in touch with your HR regarding the end date of your RMLT or when will they start their process to file COS.

-------------
Thanks for your answer. Regarding to your 2nd point: 01-Jun is mentioned by mistake. The job has initially been posted on 16th of May and the closing date was 17 June. Without changing the content/job description - they extended the application deadline till 30th of June. My question is: Can RMLT process be completed by the 17th of June or I have to wait till the end of June then?

[a2$h]

The Home Office requires the RMLT to be of MINIMUM 28 days (i.e., >= 28 days). The employer is free to choose any duration above this.

[mammadj]

Hi All,

Please accept my apologies if this question has already been asked.

Here is my story:
I passed all interviews for my potential employer, which is a global financial firm having over 10K employees across the world (5K+ based in the UK). After I passed the interviews the recruiter told me they would need to conduct R.L.M.T. and before it is done, they cannot send me any offer letter, or type of confirmation showing my potential employment. BTW, the job is a graduate level job.

After we talked, I noticed the next day the job has been posted on the employer's careers page & targetjobs website.

1) Neither on their careers page & targetsjobs website, they have provided the salary range, which I believe is mandatory for R.L.M.T. Apart from job description & requirements, they have mentioned:
Type of opportunity: Graduate scheme
Job/scheme locations: London
Application deadline: xx/yy/2017
Salary notes: Competitive
Can the word "Competitive" be considered sufficient enough for the salary notes? I would expect to see a salary range here.

2) The job does not have an exemption from Shortage Occupation list and I do not hold a PhD degree. I do expect the salary to be between £35-48K per annum. In this case, I believe the job advert needs to be posted on the Jobcentre Universal Jobmatch website (https://jobsearch.direct.gov.uk/). Is this correct?

2.1) If above is correct, then please read the below.
I have checked https://jobsearch.direct.gov.uk/ website for this advert a lot of times, but I did not see my potential employer posting the advert on this website. On the job title box on Jobcentre Plus website (if you go to https://jobsearch.direct.gov.uk/, you will see "job title" is one of three search options), I pasted the job title (the job title is the same on their careers page & targetjobs website). However that search did not return any output. I tried to partially search, but it did not help. I then used "Skills or Keywords" box on Jobcentre plus website and searched the name of my employer. It returned several adverts posted by my employer, however the posting date and the job description did not match what I was looking for.

In this case, is this possible that an employer can hide/not provide its name on the job advert?

2.1.1) How else would you advise me to efficiently search the advert on Jobcentre Plus website? I do not think I am missing the advert, but still I consider this possibility.

3) I asked the employer today if they have already started the R.L.M.T. process and posted the advert on Jobcentre Plus Universal Match website. The recruiter replied to me shortly and confirmed they have started the R.L.M.T. process, which is due to conclude by the end of the month. The recruiter did not reply whether they have posted the advert on Jobcentre Plus website though. In this case, what would you advise to me? Should I just be silent and wait 3 more weeks without knowing what is going to happen? I do still feel something is not right here. I do not want to mess up the things by writing the recruiter again and again, as I devoted a lot of my time & effort for this job. On the other hand, I am getting more and more anxious, as I do not know what is currently happening.

I would appreciate if you indicate the question number in your reply, if you do so. Thanks very much and wishing everyone best of luck!

[CR001]

No need to start a new topic with the same/simiar question when you already have received responses advising they do not have to keep you updated at all.

[mammadj]

Thanks. Would you mind to answer my new questions please? I still do not have an answer.

[gratefulhart]

While searching Universal Jobmatch, did you change the posting date, as by default, it gives you only adverts that were posted yesterday? So try to modify the search to show adverts that were posted since 30 days ago.

[mammadj]

Yes, I did. I looked for adverts posted on different dates, but could not find. What do you think? Do you think they have not posted the advert on jobcentre plus? If they have not posted there, why they are telling me that they have started the R.L.M.T. process?

[gratefulhart]

If you are sure of the job title and posting date and you still can't find the advert, then I am afraid they might not have posted it.
Why don't you just ask them? They should be open enough to provide you with the advert details. When I changed employment, I asked for a copy of the advert to be sure they had passed RLMT as I had 3 job offers and was not ready to waste my time. My employer provided the details without any hesitation. So, please ask.

Yes, I did. I looked for adverts posted on different dates, but could not find. What do you think? Do you think they have not posted the advert on jobcentre plus? If they have not posted there, why they are telling me that they have started the R.L.M.T. process?

[mammadj]

Thanks for your reply. Following your advise, I talked to the recruiter on the phone. He confirmed that they have posted the advert on two websites:1) Their global careers page 2) Targetjobs.

The recruiter also confirmed that they have not posted the advert on the Jobcentre Plus (Universal jobmatch) website. He confidently said they have done this process all the time and never posted the advert on Jobcentre Plus website. Could you please tell me, if this is the case - under what conditions they do not need to post the advert on Jobcentre plus website?

[Casa]

Thanks for your reply. Following your advise, I talked to the recruiter on the phone. He confirmed that they have posted the advert on two websites:1) Their global careers page 2) Targetjobs.

The recruiter also confirmed that they have not posted the advert on the Jobcentre Plus (Universal jobmatch) website. He confidently said they have done this process all the time and never posted the advert on Jobcentre Plus website. Could you please tell me, if this is the case - under what conditions they do not need to post the advert on Jobcentre plus website?

http://www.workpermit.com/immigration/u ... arket-test

[CR001]

http://www.workpermit.com/immigration/u ... arket-test

The link comes up with a DNS error.

[Casa]

http://www.workpermit.com/immigration/u ... arket-test

The link comes up with a DNS error.

That's strange...I've just clicked on it and it opens for me.

[CR001]

http://www.workpermit.com/immigration/u ... arket-test

The link comes up with a DNS error.

That's strange...I've just clicked on it and it opens for me.

Maybe because I am on a weird mobile network in southern Africa

[rchadha123]

Hi

Does anyone know why UKVI won`t accept job advertisements on two websites such as; Targetjobs and LinkedIn? As there would be a similar number of people searching for jobs on those websites as Universal Jobmatch.
Therefore, my question is why is it mandatory for the job to be advertised on Job Centre Plus? (except the ones listed in Casa`s link above)

Thanks in advance

[aforadi]

Hi

Does anyone know why UKVI won`t accept job advertisements on two websites such as; Targetjobs and LinkedIn? As there would be a similar number of people searching for jobs on those websites as Universal Jobmatch.
Therefore, my question is why is it mandatory for the job to be advertised on Job Centre Plus? (except the ones listed in Casa`s link above)

Thanks in advance

Guys- save some time and go through the Tier 2 Guidelines pdf on Uk Gov website. It says clearly that every advert should be published on atleast 2 websites and one of them should be govt jobsearch- mandatory.

Thanks

[gladiator939]

1) I do not have any offer letter. I asked them to provide me at least a conditional offer, but they said they cannot do this. Is this normal? Can't they at least give me a conditional offer during/before R.M.L.T. process? Do I have to just relax and wait a month to pass without having any kind of confirmation saying that I have an offer from the company X?

You cannot be offered the job, in any capacity (conditional or final) BEFORE the RLMT has been conducted and concluded to prove that there is no BC/EU or ILR person that is suitable for the job.

Whilst I agree with and appreciate your responses- the above part of your response is factually incorrect. I'm replying to this purely to contribute to the forum and would welcome any challenge or feedback.

A conditional job offer is not a legally binding contract, especially where it is crystal clear that the job offer is contingent on the applicant providing evidence of his 'right to work' in the UK.
https://www.gov.uk/job-offers-your-rights
The above link from the government's website is pretty clear on the above. Furthermore, the law also states that if a conditional job offer is withdrawn for any reason, no one can take any action.

It is very much possible to issue such a conditional job offer (in fact all job offers in the UK should be issued this way, per regulatory guidance) and subsequently conduct an RLMT.
Paragraph 28.18 of the Tier 2 guidance for employers states this:

"The vacancy must have been advertised for at least 28 days within the 6 months before you assign the CoS to a migrant."

NOT .. before you issue a conditional offer letter to a Tier 2 General migrant.

That said, your point around complying with the RLMT in letter and spirit is valid and I don't dispute that at all. My point is that it is quite possible to interview multiple individuals (without reference to their immigration status), be interested in a potential Tier 2G candidate, then test the labour market to identify any settled worker with equal skills (if any are identified then obviously the Tier 2G can't be appointed and any attempt to do so is clearly illegal), following which, if no suitable settled worker is identified, offer an unconditional offer letter and assign a restricted/ unrestricted CoS to the prospective Tier 2G migrant.

Just pointing out a technicality here.