RLMT question

[johnjkjk]

hello all,

After a gruelling 7 stage interview process, I was offered a high level managerial position at the UK office of a global company.

The company has known from the time of application, that I'm on a Tier 2 General visa, and would need to be sponsored for this job.

After being offered the job, I reminded them that they need to issue me with a CoS. They are a Tier 2 General 'A rated' sponsor licence holder.

Their HR team appear to be clueless as to how the process works. They were under the impression that there is no such thing as a PEO appointment, and that the minimum time is several months to process a visa. They were also unaware of how RLMT works.

I have explained everything to them, but they have also obtained legal advice from their USA-based head office to the effect that a UK candidate who meets minimum job requirements takes precendence over a non-EU candidate.

To what extent is this true? They have admitted that I am the superior candidate and that they want to employ me. They are a global US-based company and my line manager would be based in a non-EU country.

Does RLMT mean that, legally, the job has to be offered to an EU candidate who meets the bare MINIMUM job criteria (i.e. the interview process is absolutely worthless- judging attitude, character, teamwork, ability to handle high pressure situations etc are not important if the candidate meets the bare minimum essential criteria in the job advertisement)? The UKBA states that a non-EU migrant can be sponsored if there is "no suitable settled worker who can do the job". Does the employer have no discretion?

If this is true, then this restricts the right of a global company to hire good talent and have to hire an inferior candidate. Might as well scrap the interview process and allow HR to recruit settled workers based on their CV.