Advice needed (RLMT)

[jeet420]

Hi everyone,

The company which has offered me a job (only verbal) is currently going through the Resident Labour Market Test (RLMT) and the deadline for the job advertisement is somewhere around mid-jan. However, I am in the UK on a tier-4 visa which expires on 30 Jan 2020. I dont have any assurance from the company whether I will make it past the RLMT or not. I was just hoping if anyone on this forum could provide their comments on the following:

1. If in case i pass the RLMT, is there anyway for the company to apply for my tier-2 visa before mytier-4 visa expires? Otherwise I would have to go back and the company would not be able to take advantage of my tier-4 visa status.

2. I am in a big fix. I am not sure if i should book tickets for back home right now or wait till the RLMT gets over by mid-jan?

Thank you in advance.

[srsw]

Your query looks very similar to this one...

http://www.immigrationboards.com/uk-tie ... 94120.html

1. Yes, providing CoS takes just take minutes.

2. You could wait until mid Jan & book flight tickets. It may be a bit costly but worth waiting until you know the outcome.

[jeet420]

Thank you so much for your comments.

But, if the company applies for CoS in mid-jan then wont the allocation get delayed till Feb because the company would be applying for it after 5th January? Or is there a way where a company can ask for CoS on a priority basis?

Would be grateful for further comments

[srsw]

You need unrestricted CoS, so check with them if they have a CoS to allocate to you or not, if not, they can request more via SMS system.

https://www.gov.uk/uk-visa-sponsorship- ... rtificates

[jeet420]

Thank you so much for your reply!

I also have another question regarding RLMT. I am on a tier-4 visa and still the company said they are required to go through the RLMT. I told them that according to the latest official documents, I don't need a RLMT as I am already on a tier-4 visa. However, they said they took help from an immigration specialist company in order to see how they can make a case for my sponsorship and because my job is not on the shortage occupancy list, they have been advised to go through the RLMT.

I have not come across anyone switching from tier-4 to tier-2 who had to go through RLMT. Should i be worried? They have already started the RLMT so there isnt much i can do but i am just trying to find out the answers to my questions for my own satisfaction.

Any expert comments would be appreciated thanks!

[jeet420]

Hi guys

Anyone has expert comments on my situation? Is it common for someone switching from tier-4 to tier-2 visa to go through the RLMT? I am asking only got my own satisfaction and clarity as the company is mid-way through the RLMT process.

Thank you so much for your reply!
I also have another question regarding RLMT. I am on a tier-4 visa and still the company said they are required to go through the RLMT. I told them that according to the latest official documents, I don't need a RLMT as I am already on a tier-4 visa. However, they said they took help from an immigration specialist company in order to see how they can make a case for my sponsorship and because my job is not on the shortage occupancy list, they have been advised to go through the RLMT.

I have not come across anyone switching from tier-4 to tier-2 who had to go through RLMT. Should i be worried? They have already started the RLMT so there isnt much i can do but i am just trying to find out the answers to my questions for my own satisfaction.

Any expert comments would be appreciated thanks!

[sah10406]

However, they said they took help from an immigration specialist company in order to see how they can make a case for my sponsorship and because my job is not on the shortage occupancy list, they have been advised to go through the RLMT.

That makes no sense at all. They don't need to run the RLMT because you are switching from Tier 4. This is confirmed in paragraph 78B of Appendix A of the immigration rules.

It is irrelevant that it is a shortage occupation, although for Tier 2 applications made overseas shortage occupations are specifically *excluded* from the RLMT. So it makes zero sense that the employer thinks the RLMT is required *because* it is a shortage occupation.

See UKCISA's blog for students switching to Tier 2, which has a specific section on "Employer thinks they must run the Reisdent Labour Market Test":
https://www.ukcisa.org.uk/blog/6658/Swi ... n-problems

I have not come across anyone switching from tier-4 to tier-2 who had to go through RLMT. Should i be worried?

Yes. If they wrongly think they need to run the RLMT, and they do not complete it by the end of your Tier 4 leave, you will not be able to switch within the UK only by applying in your home country.

[jeet420]

Thank you so much for your response.

I agree with you. I've read all the government documents on RLMT and have shared the same with the company highlighting to them they don't need to do a RLMT. They took a lot of time to decide whether they need to do RLMT or not and they finally decided to go ahead with it.

The company is a big multi national and has a history of hiring a lot of internationals. The Visa thing is not new to them. This is one reason why I have some faith in what they are doing even though it doesn't make sense. But personally, it has been really frustrating for me because my tier-4 expires by this month's end and in case I pass the RLMT, they would have to apply for CoS and then apply for Visa, all before 30th Jan. I'm not even sure if that's even possible.

[sah10406]

The company is a big multi national and has a history of hiring a lot of internationals. The Visa thing is not new to them.

Very weird. They are just plain wrong about this.

As someone who advises students on the transition to Tier 2, it would be useful to know which company this is. This is an anonymous forum, so are you happy to say who it is?

[CR001]

The company is a big multi national and has a history of hiring a lot of internationals. The Visa thing is not new to them.

Very weird. They are just plain wrong about this.

As someone who advises students on the transition to Tier 2, it would be useful to know which company this is. This is an anonymous forum, so are you happy to say who it is?

Members are not permitted to name employers or sponsors on the forum please.

[sah10406]

Members are not permitted to name employers or sponsors on the forum please.

Ah okay, all clear. Sorry, I had no idea. I normally stick to the Tier 4 forum where sponsors are very often mentioned.

[CR001]

Members are not permitted to name employers or sponsors on the forum please.

Ah okay, all clear. Sorry, I had no idea. I normally stick to the Tier 4 forum where sponsors are very often mentioned.

No worries. Universities can be mentioned no issue but employers and tier 2 sponsors not as that is far more specific.

[jeet420]

Thank you for the response again.

I cannot name the company but it's a big multi national and is uk-based. The company recruiter also said that they were initially under the impression that they don't need the RLMT as I'm on tier-4 but after seeking advice from the immigration expert they decided to go ahead with it.

The company also said they considered the option of getting me in as a graduate but I'm 26 years old and have a previous work experience so they couldn't justify that. I don't know if it's an excuse to pacify me but it does look like the company really tried it's best to make a case for my sponsorship.

I am really hoping they move things fast and get me a final answer before my tier-4 expires here.

[sah10406]

The company recruiter also said that they were initially under the impression that they don't need the RLMT as I'm on tier-4 but after seeking advice from the immigration expert they decided to go ahead with it.

The company was of course correct first time. The so-called expert doesn't know what they are talking about and should be ignored.

The company also said they considered the option of getting me in as a graduate but I'm 26 years old and have a previous work experience so they couldn't justify that.

They have messed that up too. They must mean a "new entrant" who can be paid the lower salary level in the code of practice. All Tier 4 to Tier 2 applicants qualify for the new entrant rate, with no restrictions on age or experience. As with the RLMT and the Shortage Occupation list, it is only those applying outside the UK where age is relevant. Someone applying in their home country needs to be under 26 and/or recruited via the university milk round in order to be a "new entrant". Even then, previous experience is not relevant either way. See Table 11CA in Appendix A:

https://www.gov.uk/guidance/immigration ... attributes

It seems that the HR people at your employer are imposing several irrelevant and wrong-headed reasons why they cannot issue your CoS immediately. The RLMT, it being a shortage occupation, and you being over 26 are all irrelevant.

I honestly would escalate this to someone very senior in the company. At this rate you could run out of time to apply in the UK, which means your employer would also lose all the advantages of you doing that. If you end up having to apply in your home country it's not only that you would have the expense and upheaval of travelling home then back again, you would also need to meet the standard salary rate not the new entrant rate, they would need to run the RLMT, they need to use one of their restricted CoSs, and they would need to pay the Immigration Skills Charge.

It drives me crazy. The Home Office has taken specific steps to make recruiting Tier 4 students easier, less risky, and cheaper than ever for employers, compared to bringing someone to the UK for the job. For an employer to not know about this, and to be confused or about requirements for applicants and for themselves just seems like poor practice.

The UK Council for International Student Affairs publishes guidance for students switching to Tier 2. Maybe they need to start publishing guidance for clueless employers!

https://www.ukcisa.org.uk/Information-- ... layer-6617

[jeet420]

I did raise this whole issue directly with the hiring managers ( they were the most senior people I could reach out to as I had just been communicating with their recruiter about the whole visa issue) and I shared all the government documents with them which clearly states I don't need RLMT. The hiring managers apologized for the delay and said they are trying their best to sort out my visa with their 'international mobility team'.

And then a 2-3 days later I got a call from the recruiter explaining to me that they would have to go through the RLMT.

The job ( as part of the RLMT) is advertised till 15th Jan. My visa expires by Jan end. Do you think they would be able to apply for my tier-2 visa before my tier-4 visa expires? This is if in case I pass the RLMT and they give me a formal job offer.

I wonder if it's just an excuse to brush me away and not straight away say no to me but I don't see any reason why they can't just give me a straight no instead of dragging me into this whole RLMT because at the end of the day, the job was offer only verbal in nature.

[sah10406]

The job ( as part of the RLMT) is advertised till 15th Jan. My visa expires by Jan end. Do you think they would be able to apply for my tier-2 visa before my tier-4 visa expires?

You need to check this with the HR. They will know their own deadlines and schedules. It sounds like you will need to be ready to leave the UK by the end of this month if necessary.

[srsw]

I did raise this whole issue directly with the hiring managers ( they were the most senior people I could reach out to as I had just been communicating with their recruiter about the whole visa issue) and I shared all the government documents with them which clearly states I don't need RLMT. The hiring managers apologized for the delay and said they are trying their best to sort out my visa with their 'international mobility team'.

And then a 2-3 days later I got a call from the recruiter explaining to me that they would have to go through the RLMT.

The job ( as part of the RLMT) is advertised till 15th Jan. My visa expires by Jan end. Do you think they would be able to apply for my tier-2 visa before my tier-4 visa expires? This is if in case I pass the RLMT and they give me a formal job offer.

I wonder if it's just an excuse to brush me away and not straight away say no to me but I don't see any reason why they can't just give me a straight no instead of dragging me into this whole RLMT because at the end of the day, the job was offer only verbal in nature.

1. From my personal experience, hiring managers generally don't have knowledge of immigration rules (unless they themselves on some visa category). They are completely dependent on HR team and especially HR personnel who deal with immigration/visa applications. Even these HR personnel are not experts and they are unable to keep up with the rule changes and often confused about RLMT, rCoS/uCoS, skill levy, etc. So your hiring manager can't do much apart from escalating further up their international mobility team.

2. If advert runs up to 15th Jan, then they need to shortlist candidates, which takes 1 to 3 days depending on number of applications, shortlisting process (2 or more involved), etc. Then they need to give at least 1 week or more notice to shortlisted candidates re interview dates, unless interview date is already mentioned in the advert.

After interviews, they need to release you formal offer letter, which is subjected to a condition of you securing visa. Once you accept offer over email, they can assign a uCoS. This whole offer + uCoS can be done in a day or two if everyone pushes through the process without any delay. It's going to be a nail biting wait for you until last day, so hope for the best but prepare for the worst.

3. Even verbal offer can be taken as a legal contract if it meets certain criteria. I guess your hiring manager may be doing their best to offer you the role but they need to get over RLMT blocker from their internal team.

It's going to be super busy either way so plan for things (how to close bank account, tenancy deposit, flight ticket, online check in, etc) or submitting super priority visa application and keeping all required evidence for your visa application.

[jeet420]

A big thanks to both of you for the advice.

Yes I need to be prepared for the worst. I will be booking a flexible flight ticket in a day or two. And yes it is going to be a very stressful wait. I've been waiting for things to clear up since November. The wait has been prolonged for too long now. Hoping for the best. Thank you, again!