UK Tier 2 help regarding RLMT

Samir123 · Post by **Samir123** » Thu Jul 24, 2014 10:58 pm

Dear all

I need your help for the following case…

I am currently working under SOC code 3539 , which is business and related associates professional. I am on Tier II General visa from Sep 2011.

My tier II General is getting renewal in Sep 2014 . My employer is issuing another SOC 2423 to him. which is for Management consultants and business analysts.

I have checked the codes of practice for skilled workers SOC codes version 04/14 and could see that his current SOC code 3539 is still there although now it is under occupations skilled to NQF level 4. And his new SOC code 2423 is under NQF 6.

My new Salary is increased to £35800 PA.

Kindly suggest is the employer need to do the Labour Market test for him. Although it’s the same employer from last 3 years and now.

Looking for your prompt reply.

Post by **manci** » Fri Jul 25, 2014 8:16 am

if your SOC code changes RLMT will be required. Note that if your SOC code doesn't change you will be eligible for an extension without RLMT even if the job is NQF 4. The SOC code chosen by your sponsor must be the best match to your core duties.

Samir123 · Post by **Samir123** » Fri Jul 25, 2014 12:15 pm

Dear Manci

Thanks for the quick reply,I checked with my employer according to them the previous code 3539 job tile "Business and related associate professionals not elsewhere classified" in NQF 4 and new SOC code 2423 has classified as “Management Consultant and business analyst” job description.

My Employer Comment " Since I am working on the the same role with same employer from last 3 years reason for no need for Labour Market test. There are 3 employees working on this position with the same employer and employer got extension for 2 other employees on the same 3539 to 2423 SOC codes"

Request you kindly suggest.

Post by **manci** » Fri Jul 25, 2014 4:57 pm

if your SOC code changes you are not continuing in the same occupation and RLMT is required. Ask your employer to check with the UKVI helpline 0300 123 4699.

Samir123 · Post by **Samir123** » Sun Jul 27, 2014 4:22 pm

Thanks Manci

After your post i had spoken to my employer,they are still want to renew my visa under 2423. according to them if they renew my visa under NVQ level 4 there company will downgrade by UKBA or something.

And also they showed me the docouments of my colleague his visa also renewed from 3539 to 2423 last month.

Really don't know what to do kindly advice???

Many Thanks

Samir123 · Post by **Samir123** » Mon Jul 28, 2014 12:15 pm

Dear Experts

Kindly advice on my query, really worried need to book my appointment asap.

Samir123 · Post by **Samir123** » Wed Jan 07, 2015 6:31 pm

Thanks Manci...You are supreb because of your advice my visa got granted..Now i have one another question if i want to change my employer the period i spent in uk will it be counted during ILR please. (my current CTC is 35500 and i am eligible for PR on 16/sep/2016)....

Post by **manci** » Wed Jan 07, 2015 9:51 pm

you will be eligible for ILR in Sept 16 even if you change sponsor provided you remain on T2G.

Samir123 · Post by **Samir123** » Sat Jan 10, 2015 12:49 am

Thanks mansi...one last question can i do contracting under tier 2 general visa...i mean my job title remain same my the company i will work they will pay to my employer...is this correct???
2) can i be a self employed or use umbrella company under tier 2 visa..

Thanks

Post by **manci** » Sat Jan 10, 2015 8:45 am

provided your sponsor continues paying your salary and remains fully responsible for you vis-à-vis UKVI you can be seconded to another company. Read the rules in paras 39.42 - 39.46 of the T2 sponsor guidance :
https://www.gov.uk/government/uploads/s ... _11-14.pdf

While being sponsored under T2 you can also undertake supplementary employment, see paras 39.50 -39.52

Steer clear of umbrella companies.

Samir123 · Post by **Samir123** » Thu Jan 29, 2015 9:20 pm

Thanks Manci, Need to ask my company name disappear from the UKBA sponsorship list, i checked with my HR they were not aware about this...

Just want to let you know my company had audit in September 2014 and it went quite good but not sure what to do ... i checked with my company even they are not sure what to do they told me they have access on the UKBA sponsor site (Seems some where they can issue new COS) i am not sure what to do.... should i contact to ukba or some solicitor....

Plz help!!!!looking forward for your valuable advice...

Post by **manci** » Thu Jan 29, 2015 10:29 pm

ask HR to contact the UKVI employer helpline 0300 123 4699 to find out why the company's name has been removed from the list of sponsors although if they are able to log into the SMS this information should also be available there

Samir123 · Post by **Samir123** » Wed Mar 25, 2015 5:37 pm

Hi Manci, just thought to take your valuable advice. my sponsor licence revoked this week. I know i have 60 days to find a new sponsor but just want to ask i am getting a new contract with different sponsor.

If they sponsor me with different job spec and code. Do they need to go for RMLT.

looking forward to hear from you.

Many Thanks
Samir

Post by **manci** » Wed Mar 25, 2015 8:40 pm

Samir123 wrote:Hi Manci, just thought to take your valuable advice. my sponsor licence revoked this week. I know i have 60 days to find a new sponsor but just want to ask i am getting a new contract with different sponsor.

If they sponsor me with different job spec and code. Do they need to go for RMLT.
the new sponsor will have to do a RLMT even if the job spec and the SOC code are the same unless an exemption applies (shortage occupation, high earner)

looking forward to hear from you.

Many Thanks
Samir

Samir123 · Post by **Samir123** » Wed Mar 25, 2015 9:12 pm

Many thanks for the quick reply, Can i still work with my current employer (I was doing contracting job) are they still allowed to run my salary??? till i received the letter from UKVI...

Post by **manci** » Thu Mar 26, 2015 7:47 am

Samir123 wrote:Many thanks for the quick reply, Can i still work with my current employer (I was doing contracting job) are they still allowed to run my salary??? till i received the letter from UKVI...

It is not a condition of your leave that your sponsor keeps their licence throughout the period of your leave and IMHO you will not be working illegally until your leave, which will be curtailed, expires. However, when you explain the situation to your employer they may need convincing that this is the case.
Refer them to the prevention of illegal working and the T2 policy guidances neither of which state that it is illegal to carry on employment until the expiry of a curtailed leave.

btw - the 60 days are counted from the date of the curtailment letter, not the date of the revocation.

Make sure that UKVI have your current address.

Samir123 · Post by **Samir123** » Wed Apr 08, 2015 10:15 pm

Hi Manci, thanks again for your reply i will tell you my situation i applied my visa in aug 14 and visa granted for next three years.. Just want to check as per my last post my company licence got revoked and in aug 14 i filled the application with new address...
when i landed in 2011 my address was different so now will UKBA will send me the letter to my old address or the new address which i applied in Aug14..

Thanks
Samir

Samir123 · Post by **Samir123** » Fri Apr 10, 2015 3:02 pm

Hi Manci, thanks again for your reply i will tell you my situation i applied my visa in aug 14 and visa granted for next three years.. Just want to check as per my last post my company licence got revoked and in aug 14 i filled the application with new address...
when i landed in 2011 my address was different so now will UKBA will send me the letter about my company licence to my old address or the new address which i applied in Aug14..

Thanks
Samir[/quote]

Samir123 · Post by **Samir123** » Sat Apr 11, 2015 11:46 pm

Hi Manci as per my query Please reply where UKBA will send me the letter ???

Samir123 wrote:Hi Manci, thanks again for your reply i will tell you my situation i applied my visa in aug 14 and visa granted for next three years.. Just want to check as per my last post my company licence got revoked and in aug 14 i filled the application with new address...
when i landed in 2011 my address was different so now will UKBA will send me the letter about my company licence to my old address or the new address which i applied in Aug14..

Thanks
Samir

[/quote]

Post by **manci** » Sun Apr 12, 2015 10:32 am

UKVI normally send correspondence to the last address they have for the person.

Samir123 · Post by **Samir123** » Sun Apr 12, 2015 11:04 am

Hi manci,it means it will come to my address which I updated during extension of my visa.z...Can you also please tell me when I can expect the letter it's been almost two weeks when my employer inform about the revoloation of the company but till date I haven't heard any think from UKVI.

many thanks again!!!!!

Samir123 · Post by **Samir123** » Sun May 03, 2015 12:43 am

Hi Manci

Haven't heard anything form UKVI, but by god grace i got the new job offer from diffrent employer.

Now my question is will my new employer need to go for RMLT???

What all document's do we (me and my wife) before we apply for visa.

Looking forward to hear from you soon.

Thanks
Samir

Post by **manci** » Sun May 03, 2015 8:19 am

Samir123 wrote:Hi Manci

Haven't heard anything form UKVI, but by god grace i got the new job offer from diffrent employer.

Now my question is will my new employer need to go for RMLT???
yes, unless the job is a shortage occupation. If the prospective employer is a T2G sponsor they should know that before an RLMT has been successfully completed they cannot assign a CoS to you.

What all document's do we (me and my wife) before we apply for visa.

Looking forward to hear from you soon.

Thanks
Samir

Itkhan · Post by **Itkhan** » Mon May 04, 2015 10:12 am

Hi Manci
You have been of great help. Means a lot thank you very much.

I would appreciate your help regarding my matter

Did bachelors from UK found a sponsor got a job now on tier 2 visa (last month) but employer is exploiting me.

To find another job I need a company sponsoring me (providing COS) but, here comes the confusion

1. Can I only apply for skilled jobs or shortage occupations?
Or can i apply for ANY job (i.e. Admin jobs)

2. What should be the minimum salary of this job
Tier 2 guidance section 46 mentions 24800+
Or I have to follow the Soc guidance code?

Post by **manci** » Mon May 04, 2015 11:21 am

Itkhan wrote:Hi Manci
You have been of great help. Means a lot thank you very much.

I would appreciate your help regarding my matter

Did bachelors from UK found a sponsor got a job now on tier 2 visa (last month) but employer is exploiting me.

To find another job I need a company sponsoring me (providing COS) but, here comes the confusion

1. Can I only apply for skilled jobs or shortage occupations?
Or can i apply for ANY job (i.e. Admin jobs)
only NQF level 6 or above skilled jobs or shortage occupation jobs

2. What should be the minimum salary of this job
Tier 2 guidance section 46 mentions 24800+ (this section refers to T2 ICT, not T2G)
Or I have to follow the Soc guidance code?

the min salary required is £20,800 or the salary given for the job SOC code whichever the higher

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UK Tier 2 help regarding RLMT

UK Tier 2 help regarding RLMT

Re: UK TIER 2 HELP REGARDING RMLT

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