Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
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SW1
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by SW1 » Sat Mar 30, 2019 8:38 pm
I was accepted for a role after conducting an onsite interview, however, the RMLT was expired before issuing the Cos and my employer had to re-do the RMLT.
Will that cause any problem in my visa application noted that I was preselected in the previous RMLT?
Thanks in advance.
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Frontier Mole
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by Frontier Mole » Sun Mar 31, 2019 6:03 pm
In a word - Yes.
The RLMT could not possibly be an open and fair recruitment if you had already been selected prior to completion of a valid RLMT.
While it may not get picked up at application stage you also have to consider it may be found at a subsequent Home Office visit.
It is a risk only your Sponsor / you decide is worth taking. My personal stand point is that if your Sponsor gets caught then you and any other Sponsored migrants they have will all lose out.
My advice is not to follow through on taking the role as plainly your Sponsor is operating outside of the Sponsor guidance. It will only be a matter of time until they lose their licence.
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SW1
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by SW1 » Sun Mar 31, 2019 6:53 pm
Then what is the correct action if a candidate is chosen during the correct RLMT but it got expired before issuing the CoS?
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Frontier Mole
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by Frontier Mole » Sun Mar 31, 2019 7:23 pm
There is six months to allocate a COS once a RLMT advert period is completed. So that is a significant window of time for a RLMT to be valid. So you were offered the role after that window of time closed?
So two questions come to mind - how did you come to know of the job & why was the role not re-advertised after the first RLMT failed to recruit someone?
You can not overcome where you are now. If you were offered the role before the second RLMT then no matter what you do it will not change. There is no solution, it is a case of you willingness to take those risks.
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SW1
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by SW1 » Sun Mar 31, 2019 7:34 pm
I applied for the role during the 6 months but the recruiting process was very long specially with the onsite interview, I had to wait a lot to have the visa for traveling for the interview.
So after the process has been completed, the RLMT got expired just after I was offered the role but unfortunately before issuing the Cos. Isn’t there any valid action in such case?
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Frontier Mole
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by Frontier Mole » Sun Mar 31, 2019 8:32 pm
So you had to get a visa for the interview - that means there is a record pointing back to you coming to the UK for that purpose. It makes it even clearer that there was more than a possibility you were selected prior to the new RLMT.
It might actually be best to declare your involvement in the first RLMT process and then say the RLMT was fully undertaken again and you were the still the only suitable candidate after the RLMT. This approach has its own risks but at least the Sponsor will be being open and honest.
I am guessing that the Sponsor is applying for a restricted COS or already has it in hand?
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SW1
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by SW1 » Sun Mar 31, 2019 8:44 pm
Thanks a lot for your help.
I am sure the employer wouldn’t risk their license for my CoS, so they might do as you suggested indeed.
Also there are still multiple vacancies opened for different teams other than the one I applied to, can I suggest to re-interview for a different team and thus the process be more clear and fair?
I am not sure about the RCos but I guess they haven’t issued it yet.
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Frontier Mole
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by Frontier Mole » Sun Mar 31, 2019 8:59 pm
If there are many other roles it just shows there is a need for your skills so I would stick with the plan on the second RLMT. Seeing it as a much lesser problem now.
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SW1
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by SW1 » Sun Mar 31, 2019 9:13 pm
Okay, great. Thank you very much! I really appreciate your help.
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UKLL
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by UKLL » Mon Apr 01, 2019 9:42 pm
Frontier Mole wrote: ↑Sun Mar 31, 2019 6:03 pm
In a word - Yes.
The RLMT could not possibly be an open and fair recruitment if you had already been selected prior to completion of a valid RLMT.
While it may not get picked up at application stage you also have to consider it may be found at a subsequent Home Office visit.
It is a risk only your Sponsor / you decide is worth taking. My personal stand point is that if your Sponsor gets caught then you and any other Sponsored migrants they have will all lose out.
My advice is not to follow through on taking the role as plainly your Sponsor is operating outside of the Sponsor guidance. It will only be a matter of time until they lose their licence.
What if they do another RLMT for this job, and go through the selection process and interview candidates again and still there isn't no one suitable apart from previous one
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Frontier Mole
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by Frontier Mole » Mon Apr 01, 2019 11:50 pm
Frontier Mole wrote: ↑Sun Mar 31, 2019 8:59 pm
If there are many other roles it just shows there is a need for your skills so I would stick with the plan on the second RLMT. Seeing it as a much lesser problem now.
Amounts to the same as suggested