Need urgent help on Tier 2 - Experienced members plz

[mdaudsh]

I currently work for a company and my current visa is in appeal process as I applied for FLR (O) Discretionary leave to remain (on medical grounds) which was refuseed by homeoffice
and previously i was on tier 4 on which i completed BSc (Hons) Technology and on my second Tier 4 visa,
i completed MSc Computer Networks and achieved it. So apparently i'm still on the same status

My employer is willing to give tier 2 sponsorship. I have few questions on it to carry out exact procedure:

1. Do they have to go through RLMT ?

2. Since i'm under 26, does "New entrant applies on me" or Experienced as i'm working with them for 6 months now.

[Frontier Mole]

RLMT will apply if your previous leave under tier 4(?) has expired.
Your on going appeal may confer immigration 3c leave but that does not extend to your prospective Sponsor in considering the RLMT. They have to consider your current visa status which has expired.

[mdaudsh]

Thanks Frontier Mole.

Can you you please let me know if New entrant applies on me or Experienced?

[Frontier Mole]

Assuming you have never had a work related visa at any point before you should be treated as a new enterent.

[mdaudsh]

Hi FrontierMole,

I would appreciate your expertise on this but as i came across with this situation from guidance as I read the requirements for Tier 2 RLMT exemption and it shows for tier 4 criteria that

"where they have, or were last granted permission to stay in the UK as a Tier 4
migrant or as a student and during their last grant of leave, or a continuous period
of leave, that includes their last grant of leave, they have received final results "
Tier 2 and 5 sponsor Guidance

I understand you mentioned that on going appeal may confer immigration 3c leave but this exemption is written which shows that I was granted leave on Tier 4 and i achieved qualification which is subject to their requirements. Can you please clarify me your justification why is it not exempted as i'm confused with this situation. thanks

[Frontier Mole]

It only applies if you apply in time with tier 4 leave. You will be applying out of time and with no current leave under tier 4

[mdaudsh]

Hi Frontier Mole,

I just want to update you on this exemption issue, i called UKVI tier 2 helpline. They told me that even though my leave expired, as far as i have applied for another category and if it was refused and i applied for appeal without giving gaps, it will still be counted as my Tier 4 category under immigration rule 3C which will allow employers to exempt RLMT and that can be recorded on their notes while applying for COS.
I have also lodged a request on WHATDOTHEYKNOW to understand more.

Regards

[Wanderer]

Hi Frontier Mole,

I just want to update you on this exemption issue, i called UKVI tier 2 helpline. They told me that even though my leave expired, as far as i have applied for another category and if it was refused and i applied for appeal without giving gaps, it will still be counted as my Tier 4 category under immigration rule 3C which will allow employers to exempt RLMT and that can be recorded on their notes while applying for COS.
I have also lodged a request on WHATDOTHEYKNOW to understand more.

Regards

NEVER, NEVER, NEVER take advice from the notoriously woeful UKVI helplines, call three different times and you'll get three different answers, they are just phone pigs, don't have to stand by their responses, noting is in writing.

With regard to anything T2, go with Frontier Mole's advice, he has a provable history on these forums of being correct.

[mdaudsh]

I have no doubt on Frontier Mole advice.

I just shared my experience of talking to them and taking their advice. Thats the reason i sent them request in writing because i don't want any trouble.

[Frontier Mole]

3(c) applies and you have the right under the immigration act to all that it grants. The issue you have with PBS is that great slices of the policy are outside the of the specific immigration rules hence you have all sorts of contradictions.

In order to access Tier 2 you will have to abandon your current appeal at which point you don't have tier 4 leave. Yes you have 28 days to make a new application but that pertains to you not a prospective Sponsor. Your prospective employer has to look at VALID leave which you will no longer have under tier 4.

So as you abandon your appeal you enter the no mans land of having a legal right to remain to regularise your immigration status but do not benefit from any other concessions or benefits that those with in time leave applications would derive.

[mdaudsh]

Thank you for your great advice and explanation. I want to ask you this that if i don't withdraw my appeal and fight it till the decision comes and suppose if its not in my favour,
1. Do i still have the right to apply for Tier 2 fresh application and whats my legal immigration status that time ?
2. Would it still be under circumstances of 3(c) ?
3. Will RLMT still applies on me or would it be exempted?

* There are reasons i don't want the advertisement to posted.

Regards

[CR001]

1. If you lose your appeal, your 3C cover ends and you will be an overstayer.

2. No, see #1 above

3. You will not be exempted and your sponsor will have to complete RLMT.

* There are reasons i don't want the advertisement to posted.

And what are the reasons? You cannot decide what is applicable to you or not or what you want. Only HO can make that decision.

[mdaudsh]

I appreciate yours and Frontier Mole responses. You guys are great help
As of RLMT not to be advertised, i came across with the fact that Home office can even revoke employers tier 2 license if they don't find job description or other facts suitable or genuine. Though i'm working genuinely as IT Consultant and Support but it may not bring any trouble to other tier 2 holders at the same work place if they refuse on RLMT

Secondly, regards to losing appeal, i confirmed with them and they informed me that it covers 28 day overstay period but it will be under the 3C cover. Why they give you wrong information on this then ?

[noajthan]

...

* There are reasons i don't want the advertisement to posted.

Regards

Speechless

[Wanderer]

I appreciate yours and Frontier Mole responses. You guys are great help
As of RLMT not to be advertised, i came across with the fact that Home office can even revoke employers tier 2 license if they don't find job description or other facts suitable or genuine. Though i'm working genuinely as IT Consultant and Support but it may not bring any trouble to other tier 2 holders at the same work place if they refuse on RLMT

Secondly, regards to losing appeal, i confirmed with them and they informed me that it covers 28 day overstay period but it will be under the 3C cover. Why they give you wrong information on this then ?

Because they are phone-pigs, grunts on a punt, phonepig.com, here today, gone tomorrow, not experts or advisors, Ask them to confirm in writing and see what happens, nada, nothing, nichts, nichego. If you want qualified advice either listen to the cognoscenti here or pay for a decent proper immigration lawyer's opinion (i.e. not some bloke over a kebab shop in Southall High Street...).

[mdaudsh]

Wanderer, i have immigration lawyer but you still don't get honest opinions. It will be worthy if i get that advertised then. If i would be exempted, they won't consider RLMT, if not, let them judge then if i meet their points.
Regards

[Frontier Mole]

If your current appeal was successful you would have DL and not be subject to Tier 2 requirements. So the whole issue of RLMT disappears. If you truly have a winnable case then carry on.

By abandoning your appeal you essentially are accepting the HO decision in regards the refusal and either have to leave or regularise your position. I see your argument in that your last grant of valid leave would have been Tier 4, which is correct. But your refusal of DL superceds your tier 4 leave. You attempted to move to a different leave category and in doing so in my opinion have detached yourself from the tier 4 RLMT concession.

Previous experience of your scenario has resulted in negative outcomes for Sponsors who failed to complete the RLMT.

I would be interested to know Manci's thoughts

[mdaudsh]

Thanks Frontier Mole.

I have 50/50 chances of my appeal case and my hearing is tomorrow. The whole purpose i had to fight the case was because home office still asked for those evidences in rejection which i already attached with case in the first end. Its true that by abandoning my appeal i will essentially be accepting the HO decision in regards to the refusal.

If i request my employer to proceed with RLMT, what could be maximum implication.
I meet degree requirements, i hold valid experiences, i have required language skills.
Is there anything specific they need to mention while advertising that could apply on me ONLY or should it be a general advert.

I would be interested in knowing Manci's thoughts as well.

[Wanderer]

Thanks Frontier Mole.

I have 50/50 chances of my appeal case and my hearing is tomorrow. The whole purpose i had to fight the case was because home office still asked for those evidences in rejection which i already attached with case in the first end. Its true that by abandoning my appeal i will essentially be accepting the HO decision in regards to the refusal.

If i request my employer to proceed with RLMT, what could be maximum implication.
I meet degree requirements, i hold valid experiences, i have required language skills.
Is there anything specific they need to mention while advertising that could apply on me ONLY or should it be a general advert.

I would be interested in knowing Manci's thoughts as well.

Spectre of pre-selection.......

[mdaudsh]

Wanderer,

I don't need negative comments, just because i'm currently working with employer and i done extra qualifications to stay within work and move to another department.

Its not a spectre of pre-selection but its a criteria which everyone had to follow.

[Wanderer]

Wanderer,

I don't need negative comments, just because i'm currently working with employer and i done extra qualifications to stay within work and move to another department.

Its not a spectre of pre-selection but its a criteria which everyone had to follow.

Ok then, keep reposting the same convoluted question and someone will give the answer you are looking for.

Eventually.