switching sponsorship (received job offer already)

[Yen]

Hi there,

I have received the job offer from an international company.
However, they didnt know Im on tier 2 visa.
I got the interview from the internal recruiter.
She never asked me about my legal to work, therefore I dont tend to disclose my visa situation.
I got the job offer on Friday, I told them today that I need company needs to switching over the sponsorship.
Here comes the question.
According to their company lawyers, it will take 3 months to conduct the RLMT, because they will need to arrange the interviews, and keep the record why they dont get hired. Because on UKBA, they dont discuss about how to conduct the RLMT, company lawyers "explain" the law in their own words.
The HR wont bother to check the information on the website, I tried to tell them how RLMT work, and it only take 28 days and I got told off immediately.

The thing is I already accept the offer on Friday and they sent out the contract the same day.

Now I might lose the contract because it will take 28 days to fulfill the RLMT.

I didn't tell the lie, it wasnt my fault that they didnt figure out themselves.

Now they are reviewing my case to see if they are willing to conduct the RLMT.

Any suggestions?

[TechUser]

hi Yen,

28 days is enough of RLMT. you can convince your HR.. r u in to IT?

[hashmil]

Going through the same thing. Though the first thing i told them about was my visa situation. Therefore they had HR and legal working on it right at the beginning.

So, it's taken 4 weeks for the RMLT now, and by next week i'll be sending my application by post. It will take around 4 more weeks to process that. And then ONLY after i get my new visa i will be able to hand in my resignation at my current company. and that will be 4 weeks notice. in total that will be 3 months. (we will be putting the start date for the new company accordingly, so that the old visa and the new visa doesn't overlap.)

Thankfully, we did discuss this before i accepted the offer. They were fully aware of the 3 months. I could've cut down 4 weeks from that if i opted to do a same-day application. but the new company were just happy for me to send in the postal one.

[Yen]

Just a quick update for my situation.

They are currying out the RLMT, I will send out my application next week.
They will use priority scheme, and I will receive my result in 10 days.
So I will hand in my notice when they assign me the CoS.

Hope it helps.

Yen

Going through the same thing. Though the first thing i told them about was my visa situation. Therefore they had HR and legal working on it right at the beginning.

So, it's taken 4 weeks for the RMLT now, and by next week i'll be sending my application by post. It will take around 4 more weeks to process that. And then ONLY after i get my new visa i will be able to hand in my resignation at my current company. and that will be 4 weeks notice. in total that will be 3 months. (we will be putting the start date for the new company accordingly, so that the old visa and the new visa doesn't overlap.)

Thankfully, we did discuss this before i accepted the offer. They were fully aware of the 3 months. I could've cut down 4 weeks from that if i opted to do a same-day application. but the new company were just happy for me to send in the postal one.

[hashmil]

Just a quick update for my situation.

They are currying out the RLMT, I will send out my application next week.
They will use priority scheme, and I will receive my result in 10 days.
So I will hand in my notice when they assign me the CoS.

Hope it helps.

Yen

It's always best to hand in your notice after you receive the visa and your passport itself. It'll be a rather horrible situation if by bad luck the decision gets refused. The UKBA made a mistake last time and refused my tier 2 application - long story short, they accepted the mistake and reversed the decision. Point being, you don't want to be in a situation where you hand in your notice, and then be in a "limbo" where you can't start the new job because you didnt get the visa yet, or can't work at the old place as you've resigned.

[sarimapa]

if you are currently in UK under some visa category i think RMLT is not needed to be done. Please do check Post Study Work Provisions

[Yen]

if you are currently in UK under some visa category i think RMLT is not needed to be done. Please do check Post Study Work Provisions

Thanks for your answer but I'm on tier 2 already so RLMT needs to be done.

[Yen]

Just a quick update for my situation.

They are currying out the RLMT, I will send out my application next week.
They will use priority scheme, and I will receive my result in 10 days.
So I will hand in my notice when they assign me the CoS.

Hope it helps.

Yen

It's always best to hand in your notice after you receive the visa and your passport itself. It'll be a rather horrible situation if by bad luck the decision gets refused. The UKBA made a mistake last time and refused my tier 2 application - long story short, they accepted the mistake and reversed the decision. Point being, you don't want to be in a situation where you hand in your notice, and then be in a "limbo" where you can't start the new job because you didnt get the visa yet, or can't work at the old place as you've resigned.

Unfortunately, once you submit your new application, that means you give up your previous leave. If you have failed the new application, you will need to submit another application otherwise you can't work in the old place even you haven't resigned.

[manci]

[
Unfortunately, once you submit your new application, that means you give up your previous leave. If you have failed the new application, you will need to submit another application otherwise you can't work in the old place even you haven't resigned.

not so

[Yen]

[
Unfortunately, once you submit your new application, that means you give up your previous leave. If you have failed the new application, you will need to submit another application otherwise you can't work in the old place even you haven't resigned.

not so

I was advised by the lawyer if you try to move into another category or switch over and you fail even if your visa hasn't expired you still can't automatically switch it back to the previous leave.

in my case, I'm on tier 2 but if I submit my tier 2 application and fail, I will need my old company to do the RLMT and submit the new application for me.

Correct me if I'm wrong.

[manci]

you probably misunderstood what the lawyer said. If your application fails you haven't switched over to anything and if you have extant leave that remains valid and unchanged.

Also, if your application fails, and you remain with the old company, when the time comes for an extension appliction they don't need to do an RLMT. See para 204 in the policy guidance.

Regarding what you wrote on 15 August:

They are currying out the RLMT, I will send out my application next week.
They will use priority scheme, and I will receive my result in 10 days.
So I will hand in my notice when they assign me the CoS.

a) you will not have a CoS until the RLMT has been completed and it is not a good idea to submit your application without a CoS.

b) There is no priority service for the RLMT.

c) Don't hand in your notice until your application has been approved by the HO..

[sarimapa]

Hi

Even I am looking for jobs to change employer.

Abuot RLMT, all that i know is employer has to advertise with JobCentre and one more source for a period of 28 days, and show evidence of interviews.

What i would like to know is how does UKBA pass the RLMT?

What documents and evidence does the employer needs to submit?

Or is it simply assigning a CoS after 28 days of advertising?

Any help is much appreciated.