Sponsorship Query for vinny / Frontier Mole / CR001

[brost]

Hello,

I am new, have been reading many posts on this forum and thought I'd address this one to those who seem to be highly knowledgeable - I hope this is ok. However, anyone else who also has the info is very welcome to assist!

My employer recently got their Sponsorship Licence, have completed RLMT tests and have just applied for Restricted CoS.

Can you please guide me as to:
a) when RLMT is assessed by the Home Office;
b) what exactly do they check for when assessing;
c) why are unrestricted CoS RLMTs assessed after the CoS has been assigned? Does this means that restricted CoS is usually assessed before CoS is assigned?

The other question I have is that a friend mentioned their company received their CoS 2-3 days after the panel are meant to meet to make decisions. We were under the impression that all CoS request decisions were made on the 11th working day of the month. Do some get approved a bit later because they are checking that everything is satisfactory before approving?

Thank you for your time and assistance, much appreciated.

[Wanderer]

Were you pre-selected for the role?

[brost]

No. I have been working with them for a year and they are keen to keep me, but of course had to carry out RLMT. The role they advertised for did generate some interest abd my employer has kept all documents as proof and why they weren't found suitable.

[Frontier Mole]

Hi can you give me your current immigration status as that will have a bearing on the process you will follow.

RLMT is tested in the following ways:

Restricted COS allocation. Not a great deal of testing is carried out at this point. As long as the basics are completed to meet the panel requirements it gets approved.

RLMT information at the COS issue stage. Zero is done by the HO. It is the responsibility of the Sponsor.

Application stage for the visa. This is the first serious look at the RLMT. Depending on the history of the applicant and Sponsor this can be a light touch through to a tough prolonged in depth review with an interview. They can even ask for a pre issue visit to the Sponsor.

RLMT is also tested post visa issue by compliance officer visits.

So there is a number of points a RLMT can be subject to examination.

[Wanderer]

No. I have been working with them for a year and they are keen to keep me, but of course had to carry out RLMT. The role they advertised for did generate some interest abd my employer has kept all documents as proof and why they weren't found suitable.

So you were pre-selected?

Never easy to disprove this scenario in these situations but listen to Frontier Mole, he's the expert.

[poper]

Hi OP

I have read at least one instance in this forum where Tier 2 General was refused for an applicant as he/she was already working for the same employer in another immigration category(probably a dependent visa)

[Frontier Mole]

It is pretty common for the non genuine vacancy linked to RLMT failure to end the hopes of individuals moving from whatever previous immigration status to tier 2 general.

The main reason for refusal is that the RLMT is jerrymandered to ensure the previous employee is deemed the only candidate. The problem with that is it is all too easy to spot.

The role if previously filled by the same now tier 2 candidate is so unlikely to be 100% covered off by the RLMT there is always a margin of doubt.

[brost]

Hi Frontier,

Thanks for your guidance so far. I am Tier 5 Youth Mobility, moving to Tier 2. I am also a secondary school teacher, but don't qualify for the jobs on the shortage list.

The RLMT they conducted generated 2-3 applicants, I've been told. But after interviews they were not successful.

I am aware there is a criteria to be met for RLMT, all I have been told is that is was carried out for the 28 minimum days on Universal plus another website - don't know which one - but they may have forgotten to include something like the salary range or a closing date, on one of them. Which is what has me concerned.

Would this prove an issue? If so could it be appealed, seeing as it is a teaching role, and teachers here seem to be in demand despite most subjects not being on the shortage list?

Thank you for your precious time.

[Frontier Mole]

RLMT criteria is fixed and any failure to meet it creates a risk to the Sponsor and the applicant. So it is either met or not. There is no appeal system per se for the COS, if it fails to meet the need two things may happe. At visa application stage it could amount to a refusal. If the visa is granted it does not mitigate the risk at a later stage if there is a compliance visit to the Sponsor.

Your actual employment role has no bearing on the requirements to meet the RLMT. It is not a shortage occupation so must meet RLMT like every other Tier2 role. There is no light touch applied because it is a teaching role.

Another complication is the fact that there were other candidates for the role. Why were they not selected? If anyone met the minimum criteria to fill the role they should have been offered it. It is not a case of you are the best candidate so you get the offer. This is a common mistake made by Sponsors.

Based on your comments it would appear there is possibly a range of RLMT failures from the advert through to the selection process. I would seek specific assurances from your employer that they have 100% followed the Sponsor guidance and that the other candidates could not meet the minimum criteria at all. That your selection was not based on best candidate available and that the other candidates in no way could have successful met the criteria.