RLMT needed or not?

[ukvisat2]

Recently, my Tier 2 (General) entry clearance visa application was refused.
Now I request employer for a new CoS, but they said that they have to re-advertise the position again.
The job was first advertised in May 2014, and it is the PhD level job (SOC code 2119).
Does the employer need to re-advertised again?

[moonlight55]

RLMT (if done correctly) is valid for 6 months. However, if the refusal was to do something with the RLMT, the employer has to do it again. Else, they will be risking another refusal.Do you know the reason for refusal?

[ukvisat2]

Thanks for your answer moonlight.
I am really worried about this job.

The reason of refusal was zero point for English language requirement.

I thought that the validity of RLMT is 12 months for PhD level jobs.
Is it right?

What does mean by validity of RLMT? How many times one can generate CoS in this period?
Please also give me some reference, so that I can give references to employers.

[manci]

Thanks for your answer moonlight.
I am really worried about this job.

The reason of refusal was zero point for English language requirement.

I thought that the validity of RLMT is 12 months for PhD level jobs.
Is it right?
yes it is, see para 29.2(b) of the sponsor guidance
https://www.gov.uk/government/uploads/s ... 4_v1_1.pdf

What does mean by validity of RLMT? How many times one can generate CoS in this period?
RLMT and CoS are two different and unrelated processes. During the validity of a RLMT any number of CoSs can be assigned based on that RLMT

Please also give me some reference, so that I can give references to employers.
sections 28 and 29 of the sponsor guidance (link as above)

[ukvisat2]

Thanks for your answer moonlight.
I am really worried about this job.

The reason of refusal was zero point for English language requirement.

I thought that the validity of RLMT is 12 months for PhD level jobs.
Is it right?
yes it is, see para 29.2(b) of the sponsor guidance
https://www.gov.uk/government/uploads/s ... 4_v1_1.pdf

What does mean by validity of RLMT? How many times one can generate CoS in this period?
RLMT and CoS are two different and unrelated processes. During the validity of a RLMT any number of CoSs can be assigned based on that RLMT

Please also give me some reference, so that I can give references to employers.
sections 28 and 29 of the sponsor guidance (link as above)

Thanks Manci,
You saved my life.

It means that an employer has to follow a monthly process again for new CoS after my refusal of visa with earlier assigned CoS. Am I right?
I am unable to find the reference of the following statement "During the validity of a RLMT any number of CoSs can be assigned based on that RLMT."
Could you please help me to find the reference of it?

[manci]

Thanks for your answer moonlight.
I am really worried about this job.

The reason of refusal was zero point for English language requirement.

I thought that the validity of RLMT is 12 months for PhD level jobs.
Is it right?
yes it is, see para 29.2(b) of the sponsor guidance
https://www.gov.uk/government/uploads/s ... 4_v1_1.pdf

What does mean by validity of RLMT? How many times one can generate CoS in this period?
RLMT and CoS are two different and unrelated processes. During the validity of a RLMT any number of CoSs can be assigned based on that RLMT

Please also give me some reference, so that I can give references to employers.
sections 28 and 29 of the sponsor guidance (link as above)

Thanks Manci,
You saved my life.

It means that an employer has to follow a monthly process again for new CoS after my refusal of visa with earlier assigned CoS. Am I right?
yes, you need a new restricted CoS

I am unable to find the reference of the following statement "During the validity of a RLMT any number of CoSs can be assigned based on that RLMT."
Could you please help me to find the reference of it?
there is no such reference - a successful RLMT merely confirms that there is no suitable candidate from the settled workforce to do the job in question. For PhD level jobs such confirmation is valid for 12 months and in the CoS the sponsor certifies to UKVI that they have carried out an RLMT for the job..

[moonlight55]

manci, thx for correcting. Yes, for Phd the validity is 12 months.

[ukvisat2]

Thanks Manci again.
But why the employer is saying that they have to re-advertise it because of UKBA rules?
I do not know what to do now? I have already given them the references.

[manci]

ask them what UKBA rule they are specifically referring to

[ukvisat2]

My employer is trying to verify these rules from UKBA.
Actually, they think that RLMT get invalid after assigning a restricted CoS once.

[manci]

My employer is trying to verify these rules from UKBA.
he phone number for the UKVI employer helpline is 0300 123 4699

Actually, they think that RLMT get invalid after assigning a restricted CoS once.

[ukvisat2]

Thanks Manci!

Now my employer is saying that the RLMT is valid for six months and it will expire in November 2014. However, they didn't give me any reference of it.

If I asked them to apply in October meeting and assigned the CoS within in this validity period of RLMT, then I will get three more months to apply for an entry clearance visa. Am I right?

[manci]

Thanks Manci!

Now my employer is saying that the RLMT is valid for six months and it will expire in November 2014. However, they didn't give me any reference of it.
you already have the reference for the validity of RLMTs (see above) which you can give to them

If I asked them to apply in October meeting and assigned the CoS within in this validity period of RLMT, then I will get three more months to apply for an entry clearance visa. Am I right?
yes but RLMTs for PhD level jobs are valid for 12 months (see above)

[ukvisat2]

Thanks Manci for your support.

If they get approval in October meeting (on 13th October 2014), then to which maximum date it can be assigned to me?
Actually, I have to undertake IELTS exam on 18th October and their result will be on 31st October. First two days of November are weekends. Would it be fine if they assigned me on 3rd November?
I suppose that it would be 5th Novemeber, but not sure. Could you please give information about an exact date of it?

[ukvisat2]

Now the HR department gives me this response;

" The reason why the UKVI is referring to this case differently is due to us already assigning the certificate of sponsor to the post and the certificate been rejected.

If we had not assigned the certificate for the post it would of fallen under 29.2 paragraph and we would have had 12 months to assign the certificate."