Home Office Visit/RLMT - Tier 2 General

Hi all,

So made an application for our business to get a certificate of sponsorship. We had a visit from the home office today. The officer stated that by not yet completing a Resident Labour Market Test, then we pretty much have jeopardised the application (he didn't say it in as many words, but I could tell from his body language).

I was under the impression that for an employee to get sponsored then the business must obtain a license, and then the resident labour market test is carried out WHEN the employee goes back to their mother country and applies for the position. Apparently, this isn't the case and we should have already carried out the RLMT (despite the employee's current Tier 5 visa not expiring until May 2016 - I don't see the logic in advertising a position that is yet to be open).

Has anyone else experienced this? Is there anything I can proactively do to try and rectify this?

Many thanks in advance.