Very frustrated, looking for some assistance.

[the3rdman]

Hi all, been watching these boards for awhile, but have recently run into a problem that needs some assistance. This is a bit long winded, but thanks in advance for your help!

I'm a Tier 4 dependent who has been offered a teaching job. The school was not a sponsor prior to this, but they received their licensure and are currently in the process of applying for a RCOS. We received an email today from the UKBA asking to supply supporting documentation, primarily evidence that the school performed an RLMT, including screenshots of the ad. The advertisements were done by an educational recruiter and placed on Jobs Centre Plus as well as a few others. However, we've realized that while most of the information is correct to satisfy the RLMT, some information makes things a bit wonky.

For one, they created the advertisement using job posting software, which then they selectively distributed the single job ad across multiple job boards and recruitment websites. So, while the software shows the ad's start and end dates, they did not include the closing date in the ad itself. Also, they only took a screenshot of the universal job post and where it was distributed rather than taking a screen shot of each individual site that the job was posted. So while the ad was placed on Jobs Centre Plus, we only have indirect evidence. Also, they did not take a screenshot on the day the ad was posted, which is what they are asking for. We think these things might be an issue and grounds for the UKBA to dictate that we did not satisfy the RLMT.

So, here's where we're at. My wife and I are trying to plan our next move on this situation as our visas expire at the end of January and we want everything from this point forward to move as smoothly as possible as to not incur any more delays. So this is what we were thinking:

Should we withdraw the RCOS application and re-do the RLMT from scratch, making sure that the recruiter does everything correctly from the beginning (if we withdraw, would the school still have one certificate allotment since we withdrew before a decision was made?)?

This is real pain, but we can't think of any more options. One of biggest worries is that we'll get the COS and when we apply for our visas get rejected due to a RLMT mishap.

Any suggestions or advice would be greatly appreciated. Thanks for reading.

[manci]

as a T4 dependant you can switch to T2G in-country if you are assigned an unrestricted CoS.

The details of the RLMT are described in detail in the T2 sponsor guidance para 297 onwards and should be followed strictly
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[the3rdman]

Manci, thank you for the reply. It was extremely helpful. While the recruiter did use that guidance initially, I think that they may have not followed it clearly which puts us in the situation we're in now.

My main question is: should we withdraw the RCOS application and re-do the RLMT correctly? We're worried though, that by withdrawing the COS application, that the sponsor will lose their allotment. We don't mind doing the RLMT again (although it will be cutting things close as our visas expire at the end of January and the next allotment date that we would be eligible for after the new RLMT is the 11th of January.), but we would rather get things right. This has become a big mess. Perhaps we could apply for the visas without the COS if it comes down to that?

Any suggestions would be helpful! Thanks again!

[manci]

You need an unrestricted CoS, not a restricted CoS, and once the RLMT has been successfully completed the sponsor can assign the unrestricted CoS to you in a matter of minutes on the online sponsor management system.

Check that they have an unresticted CoS allocation available, if not they have to apply for an increase in their allocation which doesn't take too long.

[the3rdman]

Manci, thanks again for the reply! We were under the impression that a Tier 4 dependent switching to Tier 2 is required to get a restricted COS as per this from the UKBA:

You must apply for a restricted certificate of sponsorship if you want to recruit migrants under Tier 2 (General) who are currently:

abroad and will be paid less than £152,100 a year and will be applying for permission to come to the UK under Tier 2 (General);
or
in the UK as the dependant of another migrant whose current permission to stay is as a Tier 4 student

So that is part of the worry. That, and the possibility that we have to endure the whole RLMT process again.

[Greenie]

Tier 4 dependents need a resricted CoS as indicated on the Home Office website.

[manci]

245HD(b)(i)(14)

[Jeeves]

Switching usually implies unrestricted CoS - this is the one exception, you definitely need a Restricted CoS.

[the3rdman]

Thank you everyone for your replies. It's very much appreciated!

Could I get any suggestions regarding re-doing the RLMT given the situation? And if my sponsor withdraws the COS application, does anyone know if they will still have the one allotment left? Essentially, does an allotted COS mean that it's already been issued or is it only considered used when it's been officially assigned?

Thanks again for your help everyone.

[manci]

You have had conflicting advice about whether you need a restricted or unrestricted CoS. Suggest you read the guidance and decide yourself:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
see para 15, 9th bullet point

Once a CoS is assigned it cannot be assigned again. If the sponsor doesn't have any unrestricted CoS allocation left they can apply for an increase in their allocation (normally doesn't take long to get one)

[Greenie]

I am not disputing that a Tier 4 dependent can switch, which of course they can (as the paragraph of the rules and guidance you have quoted refer to), however they need to be issued a restricted CoS and will not be awarded points for an unrestricted CoS

See Paragraph 77D of Appendix A
77D. No points will be awarded for a Certificate of Sponsorship unless:

(a) in the case of a Certificate of Sponsorship which was allocated to the Sponsor under the Tier 2 (General) limit, the number supplied links to a Certificate of Sponsorship Checking Service entry which contains the same job and at least the same salary details as stated in the Sponsor's application for that Certificate of Sponsorship,

(b) in the case of a Certificate of Sponsorship which was not allocated to the Sponsor under the Tier 2 (General) limit:


(i) the applicant is applying for leave to remain unless the applicant has, or was last granted entry clearance, leave to enter or leave to remain as the partner of a Relevant Points Based System Migrant, or

(ii) the number supplied links to a Certificate of Sponsorship Checking Service entry which shows that the applicant's gross annual salary (including such allowances as are specified as acceptable for this purpose in paragraph 79 of this appendix) to be paid by the Sponsor is £152,100 (or £150,000, if the recruitment took place before 6 April 2013) or higher.

[manci]

You are right, T4 dependants can switch to T2 but they need a restricted CoS.

from para 232 d) of the T2 sponsor guidance:

The only exception ... is where the migrant switching into Tier 2 (General) is in the UK as the dependant of another migrant who was last granted leave under Tier 4. These dependants do count towards the limit which means that you must apply for a restricted CoS for them.

[the3rdman]

Cool. Thanks again for reaffirming everyone!

I guess we will have to go through the RLMT again, which is super frustrating.

And I suppose since the RCOS hasn't been officially assigned to me yet (we were hoping by the 11th of December), my sponsor can withdraw the application and hold on to their single allotment. I guess after we finish the RLMT again, my sponsor can continue with the assigning process should they not find a settled worker.

Please let me know if you all have any suggestions if this seems like a fruitless plan going forward.

Thanks again!