Tier 2 curtailment, RLMT salary query

Hi all,

I'm currently looking for a job so that I can apply for a new tier 2 (general) visa. I was made redundant in February but have not received a curtailment letter yet so I'm trying to get a new application in asap before needing to leave the UK!

I have a couple of questions:
- does the salary/ salary range have to be mentioned in the job advertisement for the RLMT? There are multiple roles I would like to apply for but they say 'competitive salary', 'competitive remuneration package' or 'depending on experience' etc. I know officially that it says the salary must be stated but I wanted to know if there has been any evidence/ experience that shows that people have received their visas without the salary being advertised. Also, what if they state the salary on the find a job site ad but not on their other ad- will that be enough for the RLMT?

- if a potential employer does not have a sponsorship licence already but has advertised the role correctly for the RLMT, do they need to readvertise once they get their licence or will these advertisements count?

- if I receive the curtailment letter and a potential employer wil only receive their sponsorship licence after my 60 days is up, is there an exception to allow me to stay as they will then be applying for a COS etc- how do I let the Home Office know about this?

- I understand that if I receive my curtailment letter and then put in a visa application which is not approved by the date I have to leave, the HO will be aware of this and I am able to stay- am I correct?

- Am I able to apply for a maternity cover position? So I would apply for the visa for 1 year only....

I hope someone is able to help me ASAP. As I said, there are a couple of jobs I would like to apply for and applications close really soon...

Thank you!!!!!

- if I receive the curtailment letter and a potential employer wil only receive their sponsorship licence after my 60 days is up, is there an exception to allow me to stay as they will then be applying for a COS etc- how do I let the Home Office know about this?

No there is no exception. If your visa is curtailed, you have to leave by the date stated if you have not applied for new tier 2 visa or any other visa you believe you qualify for.

- I understand that if I receive my curtailment letter and then put in a visa application which is not approved by the date I have to leave, the HO will be aware of this and I am able to stay- am I correct?

You will be allowed to stay provided you have submitted and paid for the visa using the online system.

p.s. I have only answered the questions I can.

Competitive salary and all the variables of that phrase exclude the advert from the requirements of RLMT. If one of the two required adverts actually states the salary range but the other does not it is a technical fail. Wither that would be picked up by the Home Office or at a subsequent visit that is the risk factor.

If a potential Sponsor business has met the RLMT for their job adverts and go on to apply for a licence, the adverts stay live for six months from the closing date. So as long as they get their licence and issue the COS within the six month window the RLMT is still met.

Short term fixed contracts - no issue with that. Doubtful that a company without a Sponsor licence already would entertain your application though.

Applying for a Tier 2 visa when your potential employer is applying for a Sponsor licence.... it was acceptable in the past, you could put in a tier 2 visa application without the COS reference and a covering letter - they would wait for the Sponsor side to catch up. It has been a while since I have dealt with such a case so not up to speed if that is still the acceptable practice. With the fully digital application I do not know if the COS reference is a mandatory field. If that is the case then you will be unable to apply until you employer is able to give you a COS. Sorry not a conclusive answer.

Thanks to both of you for all the helpful information.

Not sure it makes sense to take the risk if the RLMT salary has not been mentioned in both advertisements...

I have another question (apologies if this should go in a new thread...)
- I have been here on a tier 2(general) visa since 2014. Am I correct in my understanding that I may apply for a job (with an appropriate SOC code) at an experienced rate that is under 30 000 but over 20 800?
I found this on pg 25 of the tier 2 policy guidance (https://assets.publishing.service.gov.u ... 3_2019.pdf)-

If you are applying for an extension or a
change of employment application and
your initial grant of leave was granted on
the basis of a CoS assigned before 24
November 2016
£20,800 or the appropriate rate for the job,
whichever is the higher

Eg. If I apply for a job with job codes 2315 or 2319 where experienced rates are no higher than 22 000, I can get the tier 2 visa at 28 000? ( or even 24 000?)

I know this is not so helpful for me when I want to apply for ILR as I will need a job with approx 36 000 then (am I correct? no exceptions will be made for salary requirements for ILR, right?), but I'm trying to find the best way to stay here at this point....

Thanks for all your help. I'm so stressed out and these immigration boards have been a lifesaver!

I know this is not so helpful for me when I want to apply for ILR as I will need a job with approx 36 000 then (am I correct? no exceptions will be made for salary requirements for ILR, right?), but I'm trying to find the best way to stay here at this point....

There is no exception to the ILR salary requirement for non shortage occupation or non PhD jobs. By aiming for the very low salary, you risk still be refused ILR as any increase of that magnitude to meet the ILR level, will be an instant red flag to HO and likely result in your sponsor being visited and their licence potentially suspended/revoked and your ILR being refused.

CR001 wrote: ↑

Mon Apr 01, 2019 2:07 pm

I know this is not so helpful for me when I want to apply for ILR as I will need a job with approx 36 000 then (am I correct? no exceptions will be made for salary requirements for ILR, right?), but I'm trying to find the best way to stay here at this point....

There is no exception to the ILR salary requirement for non shortage occupation or non PhD jobs. By aiming for the very low salary, you risk still be refused ILR as any increase of that magnitude to meet the ILR level, will be an instant red flag to HO and likely result in your sponsor being visited and their licence potentially suspended/revoked and your ILR being refused.

Yes, I'm aware of all that so what I would likely need to do is apply for a new tier 2 visa (AGAIN!) with a job at that higher salary bracket- is there a minimum amount of time that I would need to be in that job before i apply for ILR? (again aologies if this should be a new post)

CR001- are you able to confirm what I asked higher in the post is correct though? I can apply for a job at a lower salary than 30 000 if that matches the experienced rate published for the SOC code?

Thanks.

If I apply for a job with job codes 2315 or 2319

What is your current SOC??