Salary higher than RLMT advertised

[cstylishsam]

Hi,

Just a quick question. Please point me to the post if this is already answered

SOC code is 2135 (min sal cutoff for experienced : 33K)
RLMT Advertisement Salary range : upto £34,000
CoS application Salary : £37,000
Will this cause any issues in T2 General Visa application?

[GettingTier2]

Hi,

Just a quick question. Please point me to the post if this is already answered

SOC code is 2135 (min sal cutoff for experienced : 33K)
RLMT Advertisement Salary range : upto £34,000
CoS application Salary : £37,000
Will this cause any issues in T2 General Visa application?

See Tier 2 and 5 of the Points Based System Guidance for Sponsors on Gov.uk for section 29.41 and section 26.

It should be alright as 37k is not going to the next band of points in Table 29.17. Please check the guide for detailed explanations.

However, I am not sure if it fits the requirement of RLMT advertising since what's being offered exceeds what's being advertised.

Anyone can comment on that?

[cstylishsam]

Hi All,

Any help/information is appreciated.

[Shah1698]

The salary must be in the range that advertised. It must not be higher than that as per guidance.

Shah

[moonlight55]

Unfortunately, it does not satisfy RLMT and your application may get rejected. See the text below from T2 Sponsor Guidance:

The salary rate in your advertisement must be a true reflection of what you are prepared to pay and the rate you ultimately pay must be in line with the rate that was advertised. You can’t advertise at a low rate, for example the new starter rate and then offer a higher rate to a migrant to allow them to make a successful application. An example of this would be if you advertised a salary rate of £22,000-£25,000. You can only sponsor a migrant if the salary you state on their CoS is within that range. If you want to pay a higher salary, you must carry out the resident labour market test again, advertising at the higher rate as there may be settled workers who would apply for the job at the higher rate.

[cstylishsam]

Unfortunately, it does not satisfy RLMT and your application may get rejected. See the text below from T2 Sponsor Guidance:

The salary rate in your advertisement must be a true reflection of what you are prepared to pay and the rate you ultimately pay must be in line with the rate that was advertised. You can’t advertise at a low rate, for example the new starter rate and then offer a higher rate to a migrant to allow them to make a successful application. An example of this would be if you advertised a salary rate of £22,000-£25,000. You can only sponsor a migrant if the salary you state on their CoS is within that range. If you want to pay a higher salary, you must carry out the resident labour market test again, advertising at the higher rate as there may be settled workers who would apply for the job at the higher rate.

if a sponsor apply for RCOS on Sponsorship management system for a CoS at salary 37k but he had carried out a RLMT mentioning salary up to 34k, won't HO reject the application in the first place ?

Let me put it this way Will the HO still issue a RCOS even if the sponsor requested for CoS allocation that has salary range out of RLMT advert salary range.?

[Shah1698]

Could be an error by caseworker who approved the RCoS which has salary out of range OR any non-guaranteed allowances would not have taken into consideration . I could be wrong mate.

[Shah1698]

Pls take expert advice mate to avoid potential visa refusal. Good luck for your visa.

[cstylishsam]

Pls take expert advice mate to avoid potential visa refusal. Good luck for your visa.

Sure. Thanks buddy

[Sunny2905]

Hi,

Just a quick question. Please point me to the post if this is already answered

SOC code is 2135 (min sal cutoff for experienced : 33K)
RLMT Advertisement Salary range : upto £34,000
CoS application Salary : £37,000
Will this cause any issues in T2 General Visa application?

This should not be a problem. If you worry, just phone the home office helpline to confirm.

[moonlight55]

if a sponsor apply for RCOS on Sponsorship management system for a CoS at salary 37k but he had carried out a RLMT mentioning salary up to 34k, won't HO reject the application in the first place ?

Let me put it this way Will the HO still issue a RCOS even if the sponsor requested for CoS allocation that has salary range out of RLMT advert salary range.?

Ideally, they should. If the case worker was by any chance, ignorant of this in the first instance, would you want to take the risk again? It will not be the same case worker the next time. If you really have enough money to spare, its your call. The guidance is pretty clear for me.

[cstylishsam]

if a sponsor apply for RCOS on Sponsorship management system for a CoS at salary 37k but he had carried out a RLMT mentioning salary up to 34k, won't HO reject the application in the first place ?

Let me put it this way Will the HO still issue a RCOS even if the sponsor requested for CoS allocation that has salary range out of RLMT advert salary range.?

Ideally, they should. If the case worker was by any chance, ignorant of this in the first instance, would you want to take the risk again? It will not be the same case worker the next time. If you really have enough money to spare, its your call. The guidance is pretty clear for me.

Thanks for the information.

Apart from requesting RLMT proof while applying for CoS, will HO ask RLMT advert proofs to be included in visa application or any other process. Please if you can think from both sponsor and applicant's set of documents, i would be greatful.

[moonlight55]

RLMT is not the applicant's responsibility but the sponsors. The sponsor has the ensure that RLMT is carried out as per the guidance. They are risking their licence if they do not do it as mentioned. You are not required to submit any RLMT proof along with your application. However, as part of home office's audit process where they visit the sponsor premises for document verification, they will ask all the relevant proofs for all the previous CoS granted.