RCOS for existing employees of sponsoring company

[smita4488]

Hi All,

My employer is sponsoring my Tier 2 General visa and I would like to know the process of same. I came in UK in Feb 2015 on Tier 2 ICT long term dependant visa. I started working in OCT 2016 and now I'm getting sponsored for same employer.

As I am currently employed, I know about the RLMT, how will they carry out the same. Will I have to resign and then join back again after the RLMT is completed or will have to resign the company for all this duration when this process takes place.

I know I will have to go back to India for this and what will be my job security in this period.

Thanks.
Smita4488

[smita4488]

Hi,

Can you please answer my query as my HR is confused and she says i will have to resign and go back to India until this RMLT process, etc completes i.e. like for 3-4 months. I'm worried about it know, is it true??

Please help.

Regards,
Smita4488

[CR001]

You do not have to resign but you can only be offered the job and a CoS issued after the RLMT process and only if no other BC/EU or settled worker is suitable for the job. You need to apply and follow the same recruitment process during RLMT too first.

RLMT if done properly is for 28 days.

If they are already a registered sponsor, they should know the process.

[smita4488]

Thanks for the information

[smita4488]

Can I be on notice period until the RMLT process completes and a once I get the COS i'll finish the notice period and go to India and be back in 3-4 weeks. This will save my time and money as well as Company will also be benefited as work will not be disturbed.

Can this be done.

[CR001]

You so not have to resign!! There is no such requirement in the rules.

[smita4488]

ohh is it. I don't know why the HR confuses me so much. That's a saviour.

[smita4488]

But as I already work here is it legally correct to carry out RLMT for same. Means I'm already employed and then why do they need to prove they didn't find any one in EA. That makes no sense for me.

I'm so confused with this process. What should be the ideal process to carried for me when I'm still employed by same employer who is ready to sponsor me.

[CR001]

They have to prove to HO that you are not pre selected. Mainly because you are already in the UK and working for them. If there is an EU, British or ILR holder that almost meets the criteria, they must be offered the job. It is to protect local settled workers. HI can and often do ask for evidence of the non suitable applicants applicants and the reasons why they are not suitable.

If RLMT is done 200% correct and they don't find anyone then they can offer you the job and sponsorship.

They cannot tailor the RLMT for you which would exclude all others.

You are not the first and certainly wont be the last, PBS dependent applying for tier 2 general with their employer.

[smita4488]

I think so I'm the first employee for whom they are doing this change i.e. Tier ICT to Tier 2 General. Her comments in below mail makes me think this.See below mail from my HR:

Nice to see you yesterday. As promised I have put together info discussed and I have checked everything in terms of Gov Info/our lawyers advice.

As you are currently under a dependant visa(ICT) from my research and conversations with our lawyers this does not allow you to ‘switch’ into another type of visa while within the UK.
Please see attached link for your info on this: https://www.gov.uk/tier-2-general/switch-to-this-visa

As we discussed yesterday I do believe that to apply for a Tier 2 visa in your own right(I.e. with yourself being the main applicant) that you would have to be outside of the UK in order to apply for this. Again please see attached link for info: https://www.gov.uk/tier-2-general/apply

Therefore when your husband’s visa is revoked the Home office should then provide you guidelines about next steps that apply. As discussed I am unable to track your status online so I am reliant on you letting me know of any updates.

I do highly recommend that you read more about Tier 2 visas via the Gov website if you have not already – it is very useful.

That's the reason i'm scared, why will home office revoke my husband's visa and then provide me further steps i'm not able to understand. I know many cases for my friends for whom it was very easy. They just stayed until the COS was generated here and then just went to India for visa stamping. No job resigning, no notice period nothing.

[CR001]

So it says nothing about resigning. You have to apply from home country and that is what she is saying.

If your husband applies for tier 2 dependent visa then his ICT will be cancelled

[smita4488]

Thanks for making me understand the mail. I was confusing myself. I'm glad that you helped so quickly

[smita4488]

Hi All,

I am on Tier 2 ICT dependant visa and I came to London in Feb 2015, I have started working in an UK based company in OCT 2016. My company is willing to sponsor my Tier 2 General visa.

Do I have to resign from the existing job first and then go to my country and apply as same company for which I work now will be sponsoring my visa.

I have read lots of article on RCOS for existing employees as it gives a wrong message of pre-selection to immigration office, is it so?

They have posted a new job opening for RLMT recently, will I have to apply for that?

Regards,
Smita4488

[CR001]

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[CR001]

Hi All,

I am on Tier 2 ICT dependant visa and I came to London in Feb 2015, I have started working in an UK based company in OCT 2016. My company is willing to sponsor my Tier 2 General visa.

Do I have to resign from the existing job first and then go to my country and apply as same company for which I work now will be sponsoring my visa.

I have read lots of article on RCOS for existing employees as it gives a wrong message of pre-selection to immigration office, is it so?

They have posted a new job opening for RLMT recently, will I have to apply for that?

Regards,
Smita4488

Most of your questions posted today have already been answered in July.

You can only be offered the job and issued a CoS AFTER the RLMT process has been completed and there is no other ILR/BC or EU person that applies and is suitable for the job.