Query regarding the RLMT

[Star167]

Hello,

Would like some clarification regarding the RLMT process before I decide whether to apply for a Tier 2 General visa from my country of citizenship. I have previously held a Tier 2 General visa for 2 years and have completed the cooling off period (have been in my home country for the last 12 months).

I interviewed for a PhD-level position (SOC 2119), accepted the offer, received the official offer letter (not contract), and sent the documents required for the CoS to HR. As I did not hear back from HR after waiting for three weeks, I inquired about the status. I was then told that they had to re-advertise the position for 14 days on one website (FindaJob), as the RLMT had not been fulfilled (previous adverts covered 14 days on FindaJob and continuous advertising on their own website since May). Now I have been issued the CoS for the visa application.

Based on my understanding of the official guidelines, the RLMT for this position is invalid as I received the offer letter before the mandatory advertising period ended. I have been requesting HR for clarification regarding the RLMT but have hit a wall as I have only been provided with vague and (I believe) misleading information by HR.

Based on the above information:

1) Is the RLMT for this position not as per the guidelines, as I suspect?

2) HR are insisting that as the CoS has been issued by UKVI, the RLMT is compliant with the guidelines. Is this accurate? I believe this statement is misleading, more so because this is an unrestricted CoS (for a PhD-level role).

3) Am I missing something here, particularly any guideline/information related to PhD-level positions?

I would appreciate any clarification regarding the above. as I am thinking of withdrawing my acceptance of this job offer. Thanks in advance.   

[ukvisat2]

91. You will be awarded 30 points if the sponsor has met the requirements of the resident
labour market test before assigning a Certificate of Sponsorship, or if an exemption from
the test applies. Your job will only have passed the test if there is no suitable settled worker
available to fill it.

92. You should confirm with your sponsor that they have indicated that a resident labour market
test has been completed on the Certificate of Sponsorship.

https://assets.publishing.service.gov.u ... FINAL1.pdf

[Star167]

Thank you for the response. I have gone through the guidelines, which is why I am concerned that the RLMT was not conducted properly. The CoS has all the required advertising dates and information. But the last stage of advertising (14 days on one website) was completed after I was officially hired (basically they realized later that the RLMT had not been fulfilled).

Can questions 1-3 of my original post be please addressed? Thank you.