RMLT needed for an over stayer switching from Tier4

[n8net]

if a company wants to sponsor an applicant, who has no valid visa to stay in the UK (was previously on Tier4, exhausted AR, but applied withing 28 after for Tier 2 with another sponsor, application pending now) , are they required to

a) do RMLT ? (already got the advert on website, does it need be in JobCenter for 6 months)

b) is it restricted Cos I believe (applicant from outside of EU)

thanks

[Frontier Mole]

RLMT is required if they did not gain a degree from a UK university in their last period of continuous tier 4 leave.

Without looking further into the immigration history in detail other than above it is difficult to give an absolute on the need for RLMT.

If they did gain a degree then the general rule would be within the 28 day period application would be deemed in time if the original application was in time. Thus allowing tier 4 concession of no RLMT.

[n8net]

hi,

thanks for the reply.

did the rule to say RMLT is only exempt for those with Tier4 student in their LAST GRANT OF LEAVE as opposed to anytime changed recently, Because, op applied for Tier 2 which is pending on 05th August 2015 without RMLT for a degree done back in 2007 (in between did accounting courses which were not finished as the school licence was revoked), full details below).

The existing Tier 2 application is still pending, but the employer licence is also revoked, but got another prospective sponsor, but want to know if RMLT is needed. Full immigration history is below. Please advice.

Tier 4
29/08/2007 – 31/10/2008 Date of arrival UK – 19/09/2007 BSc. degree succussfuly completed

Tier 1 (PSW)
28/11/2008 - 28/11/2010

Tier 4 10/01/2011 – 28/05/2014
College revoked
Revocation Date – 08/11/2011
Curtailment letter Date - 31/05/2012

Tier 4 21/01/2013 – 22/12/2015
College revoked
College Revocation Date – 04/08/2014
Curtailment letter Date – 27/11/2014

Tier 4 (a)
Application made on - 31/01/2015
Decision received on - 05/06/2015 (Decision: Refused under 5 year Tier 4 CAP)

(b) Administrative review made on 15/06/2015
Decision received : 11/07/2015

FLR- FP
Application made on 24/07/2015
Reason FLR-FP : Job has been offered and want to switch to Tier 2 therefore waiting for Certificate of Sponsorship (CoS)
HO refund application fees as the following Tier 2 was made

Tier 2
Application made on - 05/08/2015
Last communication Date - 01/10/2015 (still pending)


I understand from this forum that he became an overstayer from 11/07/2015 (the day AR decision was served), but the fact that he made this existing Tier 2 application keeps him in the UK. please correct if I am wrong.


thanks

[Frontier Mole]

Thank you for the extensive time lines.

RLMT will have to be undertaken. The continuous tier 4 leave has long gone.

[n8net]

thanks again for carefully reading though all the timelines. appreciate that.

Given the AR on the original Tier 4 has been served, am I correct in understanding

a) his section 3 ceased and he became over-stayed ?

b) the fact that he made FLR/FP and then Tier 2 within 28 days,
1) will his application is eligible for automatic refusal ?
2) How does this affect his continues peirod for 10 yr ILR. (he currently got 9 yrs)

c) Now the sponsor in b) above is also lost licence, combined with the fact that RMLT was not done (could be the reason why sponsor lost the license), what are his options ?
1) can this out-of time application varied, given the decision is still pending ?


d) any threads of similar cases ?


Thanks

[n8net]

any1 ? I am desperate for some advice.

thanks

[Frontier Mole]

The madness of PBS does not prevent the issue of a COS to overstayers nor does it automatically preclude a successful visa application.

So technically all things are possible in this case.

I would suggest he varies his application based on the new Sponsor, bearing in mind the COS can only be issued after RLMT.

In the meantime if his current application is actioned

If his tier 2 current application is rejected because of the Sponsor being revoked he will receive a sixty day letter BUT only if they believe he has currently 3c or 3d leave.

They will refuse the application if there is no 3c/3D in place.

[n8net]

thanks for the info. but the question is does he have section 3c/d leave ?

based on the details above, the day he was served with AR decison, it ceased ? could you please confirm ?

so, SMS allowes COS for overstayer after RMLT, and I think it is restricted Cos ? please confirm.

any similar cases you are aware of ?

thanks

[cs95tdg]

the question is does he have section 3c/d leave ?

based on the details above, the day he was served with AR decision, it ceased ?

Reading the immigration history posted here, it isn't clearly apparent when his leave under section 3c/d ended or if in fact it's still in place. Before I attempt to give you my perspective, I have a few questions around the dates and gaps between those dates below - specifically those 2 sets of dates marked in blue.

I'm trying to understand whether the reason for the gaps was due to the time taken by the HO to decide those applications, rather than the actual applications being submitted out-of-time, if you see what I mean? Can you confirm whether those applications were made in-time? This would be important to establish whether section 3c/d applies or not.

Then coming to the last Tier 4 application, there is a gap between the previous curtailment letter date and subsequent application date - i.e dates in red. I'm not sure what the rules are around Tier 4 applications, but at a glance it appears that the last Tier 4 application was made out-of-time. If I've misunderstood, may be you can elaborate to clarify the reason for this particular gap.

As Frontier Mole has indicated, if an out-of-time application is permitted, that fact in it's own right would not necessarily lead to a refusal of any subsequent application under a different category. E.g. Tier 2 in this particular case.

The closest relevant guidance I can see which would be worth reading is... https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

This article may not be relevant, as I do not see any appeals referred to here. But worth being aware of. https://www.freemovement.org.uk/section ... g-appeals/

Tier 4
29/08/2007 – 31/10/2008 Date of arrival UK – 19/09/2007 BSc. degree succussfuly completed

Tier 1 (PSW)
28/11/2008 - 28/11/2010

Tier 4 10/01/2011 – 28/05/2014
College revoked
Revocation Date – 08/11/2011
Curtailment letter Date - 31/05/2012

Tier 4 21/01/2013 – 22/12/2015
College revoked
College Revocation Date – 04/08/2014
Curtailment letter Date – 27/11/2014

Tier 4 (a)
Application made on - 31/01/2015
Decision received on - 05/06/2015 (Decision: Refused under 5 year Tier 4 CAP)

(b) Administrative review made on 15/06/2015
Decision received : 11/07/2015

FLR- FP
Application made on 24/07/2015
Reason FLR-FP : Job has been offered and want to switch to Tier 2 therefore waiting for Certificate of Sponsorship (CoS)
HO refund application fees as the following Tier 2 was made

Tier 2
Application made on - 05/08/2015
Last communication Date - 01/10/2015 (still pending)

[n8net]

Hi,

thanks for the reply.

I can confirm all application were made in-time. The gaps you see, is because HO tool long to decide on those application. (The dates indicate only the visa dates, the day it was stamped and when it is until)

The only application that may be out-of-time is the FLR/FP as in July 2015, the AR was served, but within 28 days Tier 2 application was lauched which is still pending, but likely to be refused as sponsor licence has been revoked.

please advice if section 3c/3d is applicable ? and what are his options now , especially
regards to making an application with another sponsor.

a) is RMLT needed ? (the current sponsor did not do, i think the incorrectly assumed, he did not need it as he has done a degree, but it was not his last grant of leave - could this be one of the reason for their licence to be revoked.

b) how does this impact his continuous stay, he has spent 9 years legally.

c)is he eligible for digital-shortage Cos ?

d) he needs a resticted Cos with the new sponsor ?

thanks

[n8net]

is it ok to make a fresh application or should we vary the exisitng one ?

[cs95tdg]

I can confirm all application were made in-time. The gaps you see, is because HO tool long to decide on those application. (The dates indicate only the visa dates, the day it was stamped and when it is until)

The only application that may be out-of-time is the FLR/FP as in July 2015, the AR was served, but within 28 days Tier 2 application was lauched which is still pending, but likely to be refused as sponsor licence has been revoked.

please advice if section 3c/3d is applicable ? and what are his options now , especially
regards to making an application with another sponsor.

Unfortunately I don't really have clear cut answers to the questions you've raised. But based on what I know and the fact that all applications were made in-time, what appears to be clear is that he would have been covered by section 3c up until the AR decision date. Page 7 of the AR guide clarifies that. https://www.gov.uk/government/uploads/s ... w-v7_0.pdf

Will need to read through the section 3C guidance in conjunction with tier 2 guidance to understand what the implications are of making a FLR/FP application which appears to have been varied to a tier 2 - which you are now expecting to be refused? Thats the area of this immigration history that isn't clear or straightforward. From what I can see your best course of action is to vary the application - before a decision is made on the current T2 application.

In response to your question around long residence ILR, according to the guidance any periods of overstay of 28 days or less would be disregarded. You can take a look through the guidance which also contains a number of examples. https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

[n8net]

hi cs95tdg,

thanks a lot for your details reply. From what I can understand from this forum and reading several docs, that is the conclusion I come to as well.

His section 3c ended on the date AR was served, I am also unclear as to what the next course of actions are as this appears to be a complex case (FLR/FP after section 3 then varied to Tier 2 which then revoked). I am also unclear why his application is not decided after almost an year. (sponsor licence revoked 3 months ago).

hoping for some one else to shed some light on this.

thanks

[Frontier Mole]

By the looks of it ( not 100% sure due to the complexities) if UKVI were to make a decision right now they would refuse tier 2 without ROA. As it appears to be an out of time application.

Suggest if they can get another COS and vary application ASAP.

[n8net]

indeed, that seems to be the sensible option and no harm in trying that anyway. I beleive it cannot make things complicated than they are now.

This brings me to my original questions.

a) does he need RMLT ? I think yes.

b) is this restrcted Cos ? I think yes

c) is he eligble for digital-shortage occupany ?

would appreciate if some one can confirm the above.

thanks

[Frontier Mole]

indeed, that seems to be the sensible option and no harm in trying that anyway. I beleive it cannot make things complicated than they are now.

This brings me to my original questions.

a) does he need RMLT ? I think yes. AGREED

b) is this restrcted Cos ? I think yes NO - still an in country application and he is not moving from a dependent visa that would require RCOS

c) is he eligble for digital-shortage Company - ONLY IF HE MEETS THE REQUIREMENTS AND SO DOES THE COMPANY. I HAVE YET TO SEE A SINGLE SPONSOR WHO MEETS THE DIGITAL SOFTEWARE REQUIREMENTS.

would appreciate if some one can confirm the above.

thanks

[n8net]

thanks a lot. could you briefly mention the req. and/or point me the exact section in the doc that tells about the conditions the sponsor and the employee must meet ?

why is so difficult to make no one to do it ? he has a degree in Telecommunications and Netwroking. so worth pusring if it is gonna make a diff

[Frontier Mole]

https://www.gov.uk/government/uploads/s ... l_2015.pdf

This is the entire shortage occupation list. There are various engineering roles but if your looking at software developer see the conditions for meeting the RLMT exemption.

2136 Programmers and software development professionals
ONLY the following jobs in this occupation code:
 the following jobs in visual effects and 2D/3D computer animation for the film, television or video games sectors:
- software developer
- shader writer
- games designer

 the following jobs in the electronics system industry:
- driver developer
- embedded communications engineer

New entrant: £24,000 Experienced worker: £31,100
[Source: Annual Survey of Hours and Earnings 2014]

So if he can meet the embedded communications engineer criteria then he can qualify for the RLMT exemption assuming he can find a Sponsor willing to employ him.