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RLMT requirements - No Salary

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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ramiri
Newly Registered
Posts: 21
Joined: Mon May 28, 2018 7:14 pm
United Kingdom

RLMT requirements - No Salary

Post by ramiri » Mon May 28, 2018 7:28 pm

Dear All,
I am new to this forum and I couldn’t find the answer to my question after 2 days of searching.
I am on Tier 2 and switching my employer at the end of my contract. My new employer offered me a job based on an advert on February. They advertised the job for 30 days on Universal Jobmatch with no salary range (empty) and another online job search website with salary as ‘Competitive’ – other fields are exactly the same.
  • Does this cause any problem with RLMT?
  • I think they already employed one resident for the same job (not sure), would this be a problem for RLMT?
I have to apply for my new visa very soon, so your prompt reply would be highly appreciated.

UKLL
Member of Standing
Posts: 388
Joined: Tue Oct 24, 2017 6:44 pm
Malaysia

Re: RLMT requirements - No Salary

Post by UKLL » Mon May 28, 2018 9:48 pm

ramiri wrote:
Mon May 28, 2018 7:28 pm
Dear All,
I am new to this forum and I couldn’t find the answer to my question after 2 days of searching.
I am on Tier 2 and switching my employer at the end of my contract. My new employer offered me a job based on an advert on February. They advertised the job for 30 days on Universal Jobmatch with no salary range (empty) and another online job search website with salary as ‘Competitive’ – other fields are exactly the same.
  • Does this cause any problem with RLMT?
Yes it does as it does not meet the requirement
  • I think they already employed one resident for the same job (not sure), would this be a problem for RLMT?
No, I don't think this would be a problem

I have to apply for my new visa very soon, so your prompt reply would be highly appreciated.

ramiri
Newly Registered
Posts: 21
Joined: Mon May 28, 2018 7:14 pm
United Kingdom

Re: RLMT requirements - No Salary

Post by ramiri » Tue May 29, 2018 9:33 am

UKLL wrote:
Mon May 28, 2018 9:48 pm
ramiri wrote:
Mon May 28, 2018 7:28 pm
Dear All,
I am new to this forum and I couldn’t find the answer to my question after 2 days of searching.
I am on Tier 2 and switching my employer at the end of my contract. My new employer offered me a job based on an advert on February. They advertised the job for 30 days on Universal Jobmatch with no salary range (empty) and another online job search website with salary as ‘Competitive’ – other fields are exactly the same.
  • Does this cause any problem with RLMT?
Yes it does as it does not meet the requirement
  • I think they already employed one resident for the same job (not sure), would this be a problem for RLMT?
No, I don't think this would be a problem

I have to apply for my new visa very soon, so your prompt reply would be highly appreciated.

the HR still Insist that they had inserted "competitive" salary in both Adverts. is there any way of checking the expired adverts on Universal Jobmatch website?


please help this is very urgent.

ramiri
Newly Registered
Posts: 21
Joined: Mon May 28, 2018 7:14 pm
United Kingdom

Re: RLMT requirements - No Salary

Post by ramiri » Tue May 29, 2018 3:02 pm

now, I am sure that the company have advertised the job in two websites (including JobCentre website) with "Competitive" Salary, should this be enough? or it still needs a salary range?

UKLL
Member of Standing
Posts: 388
Joined: Tue Oct 24, 2017 6:44 pm
Malaysia

Re: RLMT requirements - No Salary

Post by UKLL » Tue May 29, 2018 7:33 pm

ramiri wrote:
Tue May 29, 2018 9:33 am
UKLL wrote:
Mon May 28, 2018 9:48 pm
ramiri wrote:
Mon May 28, 2018 7:28 pm
Dear All,
I am new to this forum and I couldn’t find the answer to my question after 2 days of searching.
I am on Tier 2 and switching my employer at the end of my contract. My new employer offered me a job based on an advert on February. They advertised the job for 30 days on Universal Jobmatch with no salary range (empty) and another online job search website with salary as ‘Competitive’ – other fields are exactly the same.
  • Does this cause any problem with RLMT?
Yes it does as it does not meet the requirement
  • I think they already employed one resident for the same job (not sure), would this be a problem for RLMT?
No, I don't think this would be a problem

I have to apply for my new visa very soon, so your prompt reply would be highly appreciated.

the HR still Insist that they had inserted "competitive" salary in both Adverts. is there any way of checking the expired adverts on Universal Jobmatch website?


please help this is very urgent.
Quoted from Sponsorship Guideline:

When carrying out the resident labour market test, you can only use the advertising methods set out in this guidance. The job advertisement must be in English, unless based in Wales where it may be in English or Welsh, and it must include all the following:
• the job title
• the main duties and responsibilities of the job (job description)
• the location of the job
• an indication of the salary package (including allowances) or salary range or terms on offer, the ‘Rates of pay’ section has more information
• skills, qualifications and experience needed
• the closing date for applications, unless it is part of a rolling recruitment programme - if it is a rolling recruitment programme, the advertisement should show the period of the recruitment programme

"Competitive " is not OK

ramiri
Newly Registered
Posts: 21
Joined: Mon May 28, 2018 7:14 pm
United Kingdom

Re: RLMT requirements - "Competitive" as Salary

Post by ramiri » Tue May 29, 2018 8:54 pm

Many thanks for your reply. I have read that section before and I agree with you. But it seems it is common in industry to quote the salary as “competitive” as an indication of the salary package. This is the way that my new employer has been advertising for a very long time. There is also lots of adverts on GOV website with “Competitive” as salary range.

in “Analysis of the Points Based System”, it is clearly stated:
“Beyond this we believe the current 28-day advertising requirement should be retained as well as the current practice of accepting the advertised salary as “competitive salary” where this is the standard practice in the industry.”
https://assets.publishing.service.gov.u ... actise.pdf

also in “Review of Tier 2”, it is clearly stated
“Advertising requirement for the Resident Labour Market Test (RLMT) route should include the following: job title; duties and responsibilities; skills and qualifications required; an indication of the salary on offer. If the standard industry practice is to advertise the salary as a “competitive salary” this should continue to be accepted; location; closing date. Also that the advert be written in English (or Welsh for appropriate vacancies in Wales) and the current 28 day duration for occupations required to complete the RLMT be retained.”
https://assets.publishing.service.gov.u ... _FINAL.pdf

this is the statement from xxxxxxxxxxx x for RLMT requirements:
Salary – this can be the exact salary, a salary bracket as long as it is realistic or some companies do not want to advertise this at all, in which case they may enter “Competitive Salary”. Employers must note that if they choose to use the terms competitive it matches the current rate specific to that industry;
third party Web link removed by moderator

Even universities use this term, for example University of Oxford referred to this on their guidance for advertising a position:
https://www.admin.ox.ac.uk/personnel/pe ... uirements/

I have seen posts in this forum that this has been discussed. Is there anyone with similar experience (their visa has been accepted/rejected based on this issue)?

I am running out of time and Your urgent help is highly appreciated .

gratefulhart
Junior Member
Posts: 64
Joined: Fri Jan 27, 2012 9:36 am
Nigeria

Re: RLMT requirements - No Salary

Post by gratefulhart » Wed May 30, 2018 8:37 am

When I did my change of employment, my employer put "Competitive" under salary and it was okay. Not sure if the rule has changed since then.

ramiri
Newly Registered
Posts: 21
Joined: Mon May 28, 2018 7:14 pm
United Kingdom

Re: RLMT requirements - No Salary

Post by ramiri » Wed May 30, 2018 10:49 am

gratefulhart wrote:
Wed May 30, 2018 8:37 am
When I did my change of employment, my employer put "Competitive" under salary and it was okay. Not sure if the rule has changed since then.

Many thanks for your reply.
  • When was your change of employment?
  • Was your salary above the average rate of pay for your SOC?

gratefulhart
Junior Member
Posts: 64
Joined: Fri Jan 27, 2012 9:36 am
Nigeria

Re: RLMT requirements - No Salary

Post by gratefulhart » Wed May 30, 2018 11:41 am

That particular change of employment was in 2015.
Yes, just a bit above the rate of pay.
ramiri wrote:
Wed May 30, 2018 10:49 am
gratefulhart wrote:
Wed May 30, 2018 8:37 am
When I did my change of employment, my employer put "Competitive" under salary and it was okay. Not sure if the rule has changed since then.

Many thanks for your reply.
  • When was your change of employment?
  • Was your salary above the average rate of pay for your SOC?

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