Shortage Occupation and refused again in Feb

[Unluckynurse]

I am a Registered Nurse with a job offer from a licensed sponsor. Wage is 44,000

The employer applied for a CoS on December 17 but did not complete the RLMT correctly so it was rejected. They have now applied again February after completing the RLMT, This has also been rejected, or rather states "Under Review" on the SMS site as at today.

I assume as a shortage occupation I have more than the 46 points needed.

Has the employer made another error do you think, they have gone strangely silent on the matter, just stating they have engaged an immigration lawyer.

Any ideas?? Getting desperate as we have finished up at work expecting to be there by now.

Thanks

[UKLL]

I am a Registered Nurse with a job offer from a licensed sponsor. Wage is 44,000

The employer applied for a CoS on December 17 but did not complete the RLMT correctly so it was rejected. They have now applied again February after completing the RLMT, This has also been rejected, or rather states "Under Review" on the SMS site as at today.

I assume as a shortage occupation I have more than the 46 points needed.

Has the employer made another error do you think, they have gone strangely silent on the matter, just stating they have engaged an immigration lawyer.

Any ideas?? Getting desperate as we have finished up at work expecting to be there by now.

Thanks

Maybe the points have gone up?

[CR001]

If you are on a shortage occupation SOC, then my understanding is that RLMT is not required.

[UKLL]

If you are on a shortage occupation SOC, then my understanding is that RLMT is not required.

Nurse is on the shortage occupation SOC but nurse requires RLMT, doesn't it

[CR001]

If you are on a shortage occupation SOC, then my understanding is that RLMT is not required.

Nurse is on the shortage occupation SOC but nurse requires RLMT, doesn't it

I thought all shortage occupation SOCs were RLMT exempt.

[vinny]

Unfortunately,

28.5 You do not have to carry out a resident labour market test before assigning a Tier 2 (General) certificate of sponsorship (CoS) to fill a job in a shortage occupation in Appendix K of the Immigration Rules. The exception is if the job is in the occupation code ‘2231 Nurses’, where you must carry out a resident labour market test. You can only assign a CoS for a job on the shortage occupation list if the migrant will work for a minimum of 30 hours per week. Please note that if you are assigning an unrestricted CoS for a nurse, you should select the “Have you met the resident labour market test?” option, and give details in the box below. If you select the shortage occupation option, you will be unable to complete this box, which may lead to the nurse’s application being delayed or refused.”

[CR001]

Unfortunately,

28.5 You do not have to carry out a resident labour market test before assigning a Tier 2 (General) certificate of sponsorship (CoS) to fill a job in a shortage occupation in Appendix K of the Immigration Rules. The exception is if the job is in the occupation code ‘2231 Nurses’, where you must carry out a resident labour market test. You can only assign a CoS for a job on the shortage occupation list if the migrant will work for a minimum of 30 hours per week. Please note that if you are assigning an unrestricted CoS for a nurse, you should select the “Have you met the resident labour market test?” option, and give details in the box below. If you select the shortage occupation option, you will be unable to complete this box, which may lead to the nurse’s application being delayed or refused.”

Thanks. Sad to see given they are really needed.

[Unluckynurse]

Thanks everyone, Ive now found out why I was rejected again. 2 small errors in the RLMT. No expiry date listed on the job advertisement, and I was offered a wage review and increase after my 6 month probation period which was over the wages on the job ad.

Seems a bit like nitpicking to me, but the rules are the rules I guess.

Its a shame though as you said because there is such a shortage of nurses in the UK. Hopefully I'll make the April cut as they now need to advertise for the next 28 days again before we can reapply, I've missed the March allocation.

Good luck to everyone else!

[vinny]

See also Compliance with the residential labour market test 37-52 (tips).