Tier 5 YMS to Tier 2 General - RLMT Risk of pre selection?

[Sreeni83]

Hi All,

I am posting on behalf of my company who holds a Tier 2 sponsorship and a colleague of mine from Canada , currently on Tier 5 YMS visa in the UK. My HR doesnt know the rules and loop holes, so have asked everyone including me to look up! Situation is my colleague needs extension as she has 4 months left on the Tier 5 YMS and when we contacted a few solicitors they all said she has to leave the UK and apply from Canada on a Restricted Cos once RLMT is finished. This all makes sense.

But my query is, wont UKVI know she has been pre selected and refuse her tier 2 visa as HMRC Records would show she has been employed by our company and risk the application? Please let me know your thoughts,Thanks all .

Regards
Sreenivasan

[CR001]

What is the SOC and job??

HO will ask for full details of the RLMT, including other applicants and why they were not successful, to check that the RLMT was not tailored to suit the Tier 5 visa holder thereby excluding all others.

Many have done this change.

[Sreeni83]

Thank you for your reply CR001, below are the answers. She only has a degree in Programming , so doesnt have masters or anything.

What is the SOC and job?? - She is currently a software engineer, so solicitors are proposing 2136

HO will ask for full details of the RLMT, including other applicants and why they were not successful, to check that the RLMT was not tailored to suit the Tier 5 visa holder thereby excluding all others. - Yes it looks like high threshold. Wont solicitors take care of it? Reason is we have another 15 staff members on Sponsored visas, so dont want to risk them if hers goes wrong.


Many have done this change. - Reading it though makes you think it is impossible, but I think solicitors do it some how.

[CR001]

Thank you for your reply CR001, below are the answers. She only has a degree in Programming , so doesnt have masters or anything.

Where does it state a Masters degree is required??

What is the SOC and job?? - She is currently a software engineer, so solicitors are proposing 2136

2136 is on the Shortage Occupation List since 6th October 2019 and therefore does NOT require RLMT.

HO will ask for full details of the RLMT, including other applicants and why they were not successful, to check that the RLMT was not tailored to suit the Tier 5 visa holder thereby excluding all others. - Yes it looks like high threshold. Wont solicitors take care of it? Reason is we have another 15 staff members on Sponsored visas, so dont want to risk them if hers goes wrong.

Solicitors have NO influence or bearing on the process or application.

Many have done this change. - Reading it though makes you think it is impossible, but I think solicitors do it some how.

Solicitors have NO influence or bearing on the process or application.

[Sreeni83]

Thank you again for the reply.

Where does it state a Masters degree is required??

No it doesnt state anywhere, but thought to mention she only has graduation in her field.


2136 is on the Shortage Occupation List since 6th October 2019 and therefore does NOT require RLMT.

Thats good, so one step closer.


Solicitors have NO influence or bearing on the process or application.

Yes agree, thank you. I was thinking it more from my company's perspective and current staffs sponsored.