Please help! Tier 2 Same employer different job

[hollymoly]

Hi All,

I currently have Tier 2 general that transferred from Tier 4 and verbally offered a different job under the same company. Because of different job code required, HR needs to do Resident Labour Market Test (RLMT).

When initial recruitment process was taken, it was genuine - 80 people applied and after 4 different assessments, I became a top candidate with a big gap between me and second one.

However, we found out that the adverts did not meet RLMT so my employer is looking into running RLMT.

My questions is

1. To pass RLMT, does my employer have to provide exact same recruitment process as initial one? (Initial process entails: CV/Coverletter/Essay > Online verbal/numerical reasoning test > Open day > Individual/Group assessment > Interview)

2. If I suggest my employer to draw the average of top 5 candidates from the assessments of initial one which then will be used to filter the further candidates from RLMT, is this against RLMT? (In this case, far less applicants will be invited to the interview after few assessments)

3. While undergoing RLMT, I would like to ask the team who offered me a place to hire me as a temporary work system (my company already has this system) as my current contract runs out in June (my visa expires end of September). Would this breach RLMT? A temporary job will be within the team who offered me a job but job title can be different. In this case, if they find someone during RLMT, I will have to leave but still get some income. If they don't, I can change my role to official one.

This is nerve-wrecking process. Despite being the best candidate of 80 people, the visa is holding me back to get a job. I am massively afraid if they will find someone during RLMT - then, I guess I have to leave the country.

[Kultrunvisir]

Hi Holly, not an expert in the subject but perhaps here you can find some answers:
https://www.gov.uk/government/publicati ... -employers

Page 118. Section 28. RMLT

Will appreciate the expertise of someone as well as it's important for any of us which are waiting for an RMLT.
Thanks.

[hollymoly]

Hi Kultrunvisir

I have already looked through the sponsor guidance few times but my questions are quite grey area which the policy has not indicated.

HR or recruitment agency was clumsy with this matter and they have to run RLMT to make sure I'm an absolute candidate for the role.

simplified questions would be

1. Does RLMT have to be done exactly same process as first one?

2. If yes, is there any way to streamline the process?
for example, drawing average top 5 candidates' scores from first round and applying those scores to new candidates to eliminate prior to interview process - is this against RLMT?

3. While undergoing RLMT, working in the team as a contract/temporary officer as my visa allows it for 2 month - does this breach the rule?

Please please help!!!

[hollymoly]

Hi everyone,

Can people who their employer went RLMT help me? It might sound stupid but appreciate if you can share your story.

My employer has not meet RLMT so they are going to complete this soon.

I know a lot of us have been verbally offered but employers then realised they did not meet RLMT so they put the adverts again.

My question is

1) Do you know how many people have applied through Jobcentre Online?

2) Has any of you got refused after your employer has completed RLMT?


Many thanks!

[Djsuccess]

A successful RLMT is subjective in the sense that , it is not just enough to put an advert out and wait for 28 days or so to complete. The company must assess all application and provide evidence to show that no settled worker or British/ EU citizen is qualified to do the job.
RLMT might also become hard to do if you have been working for the company on another visa, or the case worker figures out you have been pre-selected for the job.
The purpose of RLMT is not to design an advert or a role to fit a pre-selected candidate, instead it is to give settled workers/ British/ EU citizens the opportunity to apply for the job before considering a non-settled worker.

I have not personally gone through RLMT but I know that the all the requirements must be met in addition to other Tier 2 visa requirements for your application to be successful.

You have nothing to worry about as long as the company does a proper and sincere RLMT.

[hollymoly]

Thanks for your comment.
Yes I'm fully aware of RLMT and its intent.

My employer is not pretending anything but trying to complete legitimate RLMT (they are planning round 2 process similar to round 1 - 4 assessments > interview) - it is a big organisation but the department never had to do this process before (hire internationals & sponsoring visa). We agreed that if they find better person than I am, I will have to leave.

It is purely my concern and hope that people don't apply for this job or applicants are not qualified as they will be now advertising only via Jobcentre Online and our website (we have 13000 employees).

I think it is fair and fully following the tier 2 policy. But I just wondered if anyone went through same process? if so, what was turn-around with Jobcentre Online? and other platform?

Was any of you rejected after RLMT?

Many thanks

[Djsuccess]

you are sounding like you have been working for the company. or what do you mean by "our website "?
It will be very difficult to pass RLMT is the company has hired you in one form or another while the RLMT is ongoing. It is called pre-selection.
I understand that you said your current visa allows you to work as a contractor for 2 months. It might be easier not to work for them before the RLMT is carried out. They will need to tell UKVI that you were already working for them on another visa and now planning to switch your visa to them.
I am not saying that it is not possible to get your application through.
Working for the company before RLMT will only make the application more complex.
Be patience, let them carry out a proper RLMT and hope for the best.

[hollymoly]

Hi All,

My initial CoS is assigned before the new immigration Rules but now I'm changing into a completely new role, which requires RLMT. A company is doing sincere RLMT at the moment so it is not 100% my offer will stand still.

Let's say RLMT completed and I got the offer. I am over 26 years old and the offer is £27K + master degree course. From the job code, the experienced is indicated to earn £25K.

My concern is whether my situation will require £30,000 threshold or £20,800 threshold?

Does this case treated as the extension? or new fresh application which applies new rules introduced in last November?

This quote is from the policy guidance

26.1 The minimum salary you must pay for a Tier 2 (General) migrant is £30,000 per year or the appropriate rate of pay for the job as stated in the codes of practice in Appendix J of the Immigration Rules, whichever is higher, unless one of the exceptions in this section applies.

Important note: Applicants who were initially granted leave to enter or remain with a CoS assigned before 24 November 2016 will continue to be subject to the £20,800 threshold, but there are no transitional arrangements for those initially granted leave with a CoS assigned between 24 November 2016 and 5 April 2017 – they are subject to the £30,000 threshold if they apply for an extension using a CoS assigned from 6 April 2017 and none of the other exemptions given in the ‘Rates of pay section apply.

[hollymoly]

Hi Djsuccess

Thanks for your reply.

'Our website' means the company website. Because my company has more than 13,000 employees, my understanding is that the team can post the job in the company website? If not, please correct me so that I can let them know to pick other methods.

You might be right - I should probably look for different contracts. The process is so frustrating. I was genuinely selected from previous recruitment process - I was working in completely different department and the team had other candidates from their own department and plus 80 externals.

I became the top of all yet to be told that I have to compete again because of RLMT. At least, my company is carrying out RLMT rather than giving up on me.