Tier 2 Minister of Religion- Visa refusal - New Application

Hi

I applied for Tier 2 Minister of religion and my visa application has been refused since my employer did not meet the RLMT. The reason my employer gave for not fulfilling RLMT is that I was working with their organization on voluntary basis for past six months from the day of my application. A solicitor advised him that there is an exemption for RMLT if a employer sponsors a existing employee.

My visa now has been refused on the basis that my employer did not fulfill RLMT. I have appealed on the following basis,

The role is supernumerary. This means it is over and above normal requirements and if the
person filling the role was not there, it wouldn’t be filled by anyone else. One example might be
where the migrant offers pastoral support to members of a church community as part of their
own development, but the work would stop if they were not there and you wouldn’t replace
them.

My current status is Tier 1 (Post study visa). Now i have been advised by my solicitor to do the RLMT - withdrew the appeal - Go for a fresh application.

Please advise me on the best option, whether to proceed with appeal or go for new application as discussed above.

If you are a volunteer and supernumerary, how are you an existing employee?

Hi Thanks for your kind reply
It is a christian organization and i have been taking active role in all church related matters from leading the congregation to arranging meetings etc for the past six months. Now the organization wanted to recruit me for a paid permanent post with almost similar job title with more job description. Does this give me an exiting voluntary job title? Please advise does this give me an exemption for RLMT?

I love the juxtaposition of Tier 2 MOR's
You are going to be supernumerary but you are taking an active part in the church- how does that work as they dont need you by definition -so what exactly are you going to be doing?
As for RLMT - supernumerary roles are excluded however very very roles are truly supernumerary. Think about what it really means, the roles does not exist and the Sponsor does not depend on it to carry on their activity. The supernumerary title is used to avoid the RLMT and usually ends up as a very questionable role when the Sponsor getsca visit.
I am guessing you are here on a tier 5 charity worker visa?

Hi
Do I need to take Residential Labor market test if I am switching from Tier 1 PSW to Tier 2 Minister of religion?
My visa was refused since my employer did not do the Residential labor market test
Please advise me any one
Thanks

Has your Tier1 PSW expired?

Hi..
No it wasn't. .. my visa got expired only after my application. .. I have made an appeal at the right time too... is it worth fighting or go for a new application. ? If i go for appeal is there a way to get my decision before hearing? Since I have been told that appeal will take at least 6 months for hearing.. I have other commitments too. And also it clearly mentions that there is a exemption for RLMT if I m switching from tier 1 psw to tier 2 general but under tier 2 Minister of religion I couldn't find such exception... Advert has been done now too.. but I m confused now.. please advise...

Sorry but your wasting your time no matter what route you go down. You can't win at appeal and the Sponsor has stated the role was supernumery so any attempt to right that with a RLMT is meaningless. You are the named prefered candidate for the role so who else will they offer it to regardless of who applies.
UKVI are not going to give you a visa readily because of the history of your case.
I am guessing your role will be as a pastor for a west African community church and that the church is not exactly over flowing with funds?

Hi Thanks for your reply
My sponsor did not mention in COS application as supernumerary role. He has tick Yes for RLMT and mentioned that the RLMT is not applicable as the applicant is working with their organization for last 6 months.
In my appeal it is mentioned that it is Supernumerary role and that i switched from PSW visa. By the way I am not in a pastoral role exactly. But similar role and also involves other management and office role. It is not a small organization too.
Please clarify on the church funds that you mentioned.
What is the best option? Please suggest..

The sponsor obviously does not have a clue about immigration rules. That rule disappeared a long time ago.
The appeal as I said is a waste of time. The best you can do is apply again after RLMT has been completed.
Your visa application will get scrutinised heavily as it just will look suspect given your refusal and the general issues from going from Tier 1 PSW to T2 MOR.
Given your not going to be a pastor and you say you will be doing office duties you should not be applying under MOR. Tier 2 General is more appropriate?
What salary level are they offering?
What is the actual role if it is not a pastor.

Salary is £22k in which £8500 is gross allowance. ..
Please find below the job description given and the advert

An Assemblies of God church, Victory Worship centre is looking for a Mission Director to be based in the main office at Swansea and also travelling across the mission centre's in the Uk.

General Responsibilities.
*Work closely with pastoral and program staff to provide excellence in leadership for missions and

*Attend weekly staff meetings.
*Facilitate and manage outreach opportunities in Victory Worship Centre that emphasize involvement
in worship, growth through small groups, and local missions.
*Communicate effectively with congregation and community organizations regarding mission and
outreach opportunities.
*Provide supervision, encouragement, and support to Prayer Warriors and Missions ministry teams
while continuing to identify and recruit additional volunteers.

Specific Responsibilities:

Coordinate evangelistic outreach efforts for congregation.
Attend and provide input at regular committee meetings for Missions ministry
teams.
*Plan and implement calendar for missions and outreach opportunities
*Maintain all communications for missions and outreach including church
newsletter, church bulletin, website, social media, and local publications.
*Work closely with Missions ministry team leaders to provide leadership and
direction to volunteers on ministry teams.
*Provide leadership to VWC– a monthly class offered for anyone seeking additional
information about membership at Victory Worship Centre, Uk.
*Attend Administrative Council meetings and provide written and oral explanation of missions and
outreach opportunities.
*Prepare necessary reports as needed regarding state of the missions and outreach.

Work closely in developing the yearly IAG UK Conference and attend regular training.
Commitment to the weekends due to church regular working days.

I am struggling to see how the role meets MOR requirement, there is a very common misconception that all roles in a church organisation qualify for MOR status.
The role as stated is more tier 2 general so it is a case of wait and see.
The gross salary includes a high proportion of allowances - what exactly are you getting that constitutes £8500 of allowances?

The allowance includes mainly travel and accommodation. ..

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