Tier 2 Visa Refused- Company wants to apply again

[avi]

Dear all,

My Tier 2 Visa changed of employment was refused as the company's solicitor had put 48 hours in the COS instead of 39 hours. The resident labour market test was done for £23000 before 5th April as it satisfied the requirements then. However, the salary for my job code has changed now its £25100 after 6th April.

My employer wants to do a fresh application, however they want to do it on a prorata basis of 35.5 hours on the COS and use the previous advertisement of £23k before 5th April

I am not sure if its the best choice by them, as the job requirement now is £25100 for 39 hours. Do you'll think they are correct do it on a pro rata basis ?

Also, can the homeoffice not ask why suddenly the hours has been changed from 48 hours to 35.5 hours?

Please help.

Many thanks

[avi]

Please can somebody help me with above. Would be much appreciated.

Thanks

Avi

[avi]

Dear friends,

Your help would be much appreciated. Any ideas ? Experts help please.

The company is going for a priority postal application with 35.5 hours on COS on pro rata basis.

Thanks

Avi

[hassanh]

Hi Avi,

If the RLMT was done through advertising 39 hours then they will have to do the RLMT again to reflect 35.5 hours in the advert. The company have not passed RLMT if they apply for your visa now.

Thanks,
Hassan

[avi]

Hi Hasan,

Thanks for your reply, they didn't put any hours in the RLMT. It was advertised for £23k. Please let me know your thoughts.

Regards

Avi

[hassanh]

Hi Avi,

I think that one is supposed to mentioned weekly working hours in the advert when they are conducting RLMT. Seniors can comment on it or you can quickly check the RLMT guidance for sponsors on UKVI website.

Thanks,
Hassan

[avi]

Hi Hassan,

I checked the RLMT guidance, but it didn't mention any where that they have to put the hours in it. Seniors/experts please help.

Regards

Avi

[hassanh]

Hi Avi,

If this is the case, then you should wait for seniors advice. Wish you all the best with your visa application.

Thanks,
Hassan