Resident Labour Market Test (RLMT)

[Purple8]

Can anyone please help me? I am completely lost regarding this. I received a conditional job offer from an employer last month. Everything was on track and they suddenly sent me an email now saying that because I am not on the shortage occupation list, they will need to offer my job to another candidate. They have informed me that I am the highest scoring applicant, but that they have a EU settled worker who has scored the pass mark for the application and interview. So they have now offered that candidate the job, and that candidate has accepted it. They are now saying that they cannot go ahead with my employment offer.
1) Is this allowed? Shouldn't the RLMT include only candidates who have scored as good as me or better than me?
2) Is there any way that I can still get this job?
3) What should I do now?

[CR001]

1) Is this allowed? Shouldn't the RLMT include only candidates who have scored as good as me or better than me?

It is ultimately the employers choice to offer or withdraw an offer. Was RLMT performed?? Are you applying from outside the UK or within the UK??

2) Is there any way that I can still get this job?

Probably not, you cannot force an employer to hire you based on a conditional offer.

3) What should I do now?

Find another job and sponsor.

[Purple8]

I am applying from outside the UK. And technically I am eligible for the Health and Care Visa but I am not on the shortage occupation list. They are saying that offering the job to the other EU candidate is part of the RLMT. They said that if the EU candidate would have rejected the job, they would have re-advertised the post for the remaining time period of the minimum 28 days (They had initially advertised for 16 days) and then if they wouldn't have found anyone from the UK, they would have confirmed my job offer and applied for the restricted CoS. But now the EU candidate has accepted the post. Is this the right way of conducting a RLMT?

[CR001]

The whole purpose of the RLMT is to prove to UKVI that there is NO British citizen, EU citizen or Settled person is suitable for the job. They therefore met the requirement with an EU citizen applying and accepting, so cannot therefore offer you the job. Your visa would likely have been refused due to the RLMT as UKVI expects to see evidence of why you were chosen and who else applied that might have been suitable for the job.

[Purple8]

Yeah, but this is just not fair. I am the highest scoring applicant, the first choice of the employer and yet the job offer is being taken away from me. I am feeling absolutely devastated. Also, does being eligible for the Health and Care visa mean that I can possibly be exempt from the RLMT?

[CR001]

They simply need an applicant who is suitable, it is not about the scoring process in the employers recruitment/interview process. If the EU citizenship passed the process, they have to offer the job to the EU citizen. The employer risks a UKVI investigation if they don't follow their obligations and can lose their license.

For a health and care visa, it depends on what job it is. This visa is only for specific listed occupations working in the specific types of employers listed.

[Purple8]

My SOC and employer are both from the eligibility list mentioned in the Tier 2 guidance Health and Care Visa section. But my SOC is not on the shortage occupation list. So can I be exempt from the RLMT?

[CR001]

There isn't much you can do if they have withdrawn their offer.

[Purple8]

Okay thank you.