Changing employers - RLMT

[Lyla_001]

Hello everyone

I am currently in the UK working under a Tier 2 visa and had recently a job offer, to be hired as a Band 5 nurse (payband £22,128-£28,746) by another employer. The payband is appropriate as it will be a training post, however the job was advertised as a Band 6 job (payband £30,549 to £40,105).

They mentioned in the job advert that they would consider applications from band 5 nurses and offer the opportunity for training and progression to band 6. There was no mention of this lower payband as these paybands are the standard gross salary in the NHS.

Please, does someone know if this can result in a problem with the RLMT? Would they need to advertise the job with the lower payband again?

When I make the application for the new visa, should I look for the visa extension application?

Thank you

Lyla

[UKLL]

Hello everyone

I am currently in the UK working under a Tier 2 visa and had recently a job offer, to be hired as a Band 5 nurse (payband £22,128-£28,746) by another employer. The payband is appropriate as it will be a training post, however the job was advertised as a Band 6 job (payband £30,549 to £40,105).

They mentioned in the job advert that they would consider applications from band 5 nurses and offer the opportunity for training and progression to band 6. There was no mention of this lower payband as these paybands are the standard gross salary in the NHS.

Please, does someone know if this can result in a problem with the RLMT? Would they need to advertise the job with the lower payband again?

When I make the application for the new visa, should I look for the visa extension application?

Thank you

Lyla

They might have to because the Home Office can argue that if they had advised the job with lower requirement, then there might be more suitable applicants from the UK/EU

[Lyla_001]

Thank you UKLL
They said in the job advert that they would consider applications from Band 5 (less qualified) nurses like me. That’s why I applied for the job.

Shouldn’t this be enough?

[UKLL]

Thank you UKLL
They said in the job advert that they would consider applications from Band 5 (less qualified) nurses like me. That’s why I applied for the job.

Shouldn’t this be enough?

It's a tricky one isn't it? The salary stated on the CoS (Band 5 salary) will be different from the job advert (Band 6 salary) so Home Office could use this as a reason for refusing. Plus the reason I said above.

I have seen on NHS Jobs that some adverts are advertised as "Band 5 or Band 6", maybe that's the best way as it covers both.

From my point of view the Home Office has reasons to refuse your application, but not 100%

[Lyla_001]

Many thanks UKLL
I’ll call the HR and see how things can be sorted out. Hopefully they can find a solution.
Lyla

[plabo]

Hello everyone

I am currently in the UK working under a Tier 2 visa and had recently a job offer, to be hired as a Band 5 nurse (payband £22,128-£28,746) by another employer. The payband is appropriate as it will be a training post, however the job was advertised as a Band 6 job (payband £30,549 to £40,105).

They mentioned in the job advert that they would consider applications from band 5 nurses and offer the opportunity for training and progression to band 6. There was no mention of this lower payband as these paybands are the standard gross salary in the NHS.

Please, does someone know if this can result in a problem with the RLMT? Would they need to advertise the job with the lower payband again?

When I make the application for the new visa, should I look for the visa extension application?

Thank you

Lyla

Are you aware that after 5 years will need a £35000 salary to apply for ILR and this threshold is increasing every year?

[Lyla_001]

[Are you aware that after 5 years will need a £35000 salary to apply for ILR and this threshold is increasing every year?

Yes I am aware of this. However, in the pages 60-64 of the Tier 2 Police Guidance 01/2018, we can read:

"PART 10: TIER 2 SETTLEMENT (INDEFINITE LEAVE TO REMAIN) APPLICATIONS
Minimum earnings threshold – settlement
276. You will be exempt from the minimum earnings threshold if any of the following apply to
you:
• You have been employed in a job:
• that appears on the Shortage Occupation List in Appendix K, or has appeared on that
list during any time you were being sponsored to do that job during the last 6 years"

Otherwise most of the nurses who work in the UK under a Tier 2 visa would have to come back to their home countries after 5 years.

[Lyla_001]

Hi everyone

Now I have another problem.
Can someone please help me?

The HR officer says that my CoS doesn’t need to include the RLMT as the nurse job is in the shortage occupation list.
However I read in the HO guidance for sponsors (January 2018) that nurses are not exempt from the RLMT when assigned an unrestricted CoS (change of employment).

Should I insist on this? Or take his advice and go ahead with the tier 2 visa application?

[UKLL]

Hi everyone

Now I have another problem.
Can someone please help me?

The HR officer says that my CoS doesn’t need to include the RLMT as the nurse job is in the shortage occupation list.
However I read in the HO guidance for sponsors (January 2018) that nurses are not exempt from the RLMT when assigned an unrestricted CoS (change of employment).

Should I insist on this? Or take his advice and go ahead with the tier 2 visa application?

No you should not take his advice. I am so shocked that many HRs don't actually know the rules when they thought they knew. You should insist on correct information stated on your CoS. Show HR the Tier 2 and Tier 5 Sponsor Guidance. According to Home Office, it is both YOUR responsibility and your employer's responsibility to make sure every piece of information on CoS is correct.

[Lyla_001]

Hi everyone

Now I have another problem.
Can someone please help me?

The HR officer says that my CoS doesn’t need to include the RLMT as the nurse job is in the shortage occupation list.
However I read in the HO guidance for sponsors (January 2018) that nurses are not exempt from the RLMT when assigned an unrestricted CoS (change of employment).

Should I insist on this? Or take his advice and go ahead with the tier 2 visa application?

No you should not take his advice. I am so shocked that many HRs don't actually know the rules when they thought they knew. You should insist on correct information stated on your CoS. Show HR the Tier 2 and Tier 5 Sponsor Guidance. According to Home Office, it is both YOUR responsibility and your employer's responsibility to make sure every piece of information on CoS is correct.

Thank you UKLL
After much insistence the HR officer included the RLMT in the CoS. He had to describe it in the sponsor note as the CoS had already been issued.
I hope it is enough for my visa application to be approved.

[UKLL]

Hi everyone

Now I have another problem.
Can someone please help me?

The HR officer says that my CoS doesn’t need to include the RLMT as the nurse job is in the shortage occupation list.
However I read in the HO guidance for sponsors (January 2018) that nurses are not exempt from the RLMT when assigned an unrestricted CoS (change of employment).

Should I insist on this? Or take his advice and go ahead with the tier 2 visa application?

No you should not take his advice. I am so shocked that many HRs don't actually know the rules when they thought they knew. You should insist on correct information stated on your CoS. Show HR the Tier 2 and Tier 5 Sponsor Guidance. According to Home Office, it is both YOUR responsibility and your employer's responsibility to make sure every piece of information on CoS is correct.

Thank you UKLL
After much insistence the HR officer included the RLMT in the CoS. He had to describe it in the sponsor note as the CoS had already been issued.
I hope it is enough for my visa application to be approved.

And make sure all information (job ref on Universal Jobmatch etc.) is stated in that section, as per the Guidance!

[Lyla_001]

And make sure all information (job ref on Universal Jobmatch etc.) is stated in that section, as per the Guidance!

The HR officer had to change the sponsor note a second time to include the Universal JobMatch advertisement
In the end everything went well. I applied for the visa with the Premium Service and got it this morning.
Thank you very much for your help UKLL!

[UKLL]

And make sure all information (job ref on Universal Jobmatch etc.) is stated in that section, as per the Guidance!

The HR officer had to change the sponsor note a second time to include the Universal JobMatch advertisement
In the end everything went well. I applied for the visa with the Premium Service and got it this morning.
Thank you very much for your help UKLL!

Well done good news!