T2 Sponsor Licence and Labour Market Test at the same time

[leonchang]

Hello everyone,

Thanks for being interested in the topic.

My company is going to sponsor my T2 visa, but we don't have the sponsor licence yet.

We just started the labour market test yesterday, so I wonder whether we can apply for our licence at the same time. Do we have to wait 28 days till the market test is done?

I would be grateful if I could have some advice. Many thanks in advance !

Regards,

Leon

[ravisb_2014]

You can apply at the same time. It's a good idea to apply sponsorship license and running RLMT simultaneously so that you can save time. When RLMT is completed, if lucky, sponsorship license may also be approved. Good luck. Cheers.

[leonchang]

You can apply at the same time. It's a good idea to apply sponsorship license and running RLMT simultaneously so that you can save time. When RLMT is completed, if lucky, sponsorship license may also be approved. Good luck. Cheers.

Hi Ravisb, Many thanks for your reply. I tried to look at Home office documents, but it seems there is no relevant information about my question. Anyway, it is good to know. !

Best

[Wanderer]

Have you been preselected for this role?

[Frontier Mole]

If thet apply for the licence before the RLMT is complete then there is a risk the licence will be refused. It will be refused for the right reason - pre selection of the candidate because that is exactly the case.

Suggest you look for an employer with a licence that actually follows the rules and does not offer jobs before they complete a RLMT.

[KyleBG89]

If thet apply for the licence before the RLMT is complete then there is a risk the licence will be refused. It will be refused for the right reason - pre selection of the candidate because that is exactly the case.

Suggest you look for an employer with a licence that actually follows the rules and does not offer jobs before they complete a RLMT.

Although this is true in theory, the HO can not refuse the company's application for a sponsor license unless the potential Tier 2 Candidate's name is written on the application. If not, the HO has no way of knowing that the company may have pre-selected someone.

The HO may question the RLMT, if the sponsor license application is successful, once you apply for the CoS. However you may get around this by simply stating that the company was unsure if they would sponsor you or hire someone from the settled work force while the RLMT was taking place.

[Frontier Mole]

The HO can and do refuse licence applications for the very reason of not completing the RLMT prior to applying for a licence.

It can be refused under non genuine vacancy regardless of a candidate being named or not.

If the licence application is successful - probably only because there was no pre licence visit - the suggestion that you can issue a COS and say the candidate was not known at the time. Good luck with that because there is a way to test that statement.

As I say, find a proper Sponsor who follows their duties because in the long run that is the safest way to successful employment in the UK.

Out of interest are you switching employers? If not what is your current immigration status?

[leonchang]

Have you been preselected for this role?

Yes.

[leonchang]

If thet apply for the licence before the RLMT is complete then there is a risk the licence will be refused. It will be refused for the right reason - pre selection of the candidate because that is exactly the case.

Suggest you look for an employer with a licence that actually follows the rules and does not offer jobs before they complete a RLMT.

Hi Frontier Mole, Thanks for your advice. Unfortunately this is the only company who wants to sponsor me at the moment. My visa is going to expire in a few month, so I do need a visa ASAP. I am just not sure why the pre-selection would be a problem for Home Office if the company thinks I am the best person for the job.

Regards

[Wanderer]

If thet apply for the licence before the RLMT is complete then there is a risk the licence will be refused. It will be refused for the right reason - pre selection of the candidate because that is exactly the case.

Suggest you look for an employer with a licence that actually follows the rules and does not offer jobs before they complete a RLMT.

Hi Frontier Mole, Thanks for your advice. Unfortunately this is the only company who wants to sponsor me at the moment. My visa is going to expire in a few month, so I do need a visa ASAP. I am just not sure why the pre-selection would be a problem for Home Office if the company thinks I am the best person for the job.

Regards

But they don't know that, there are other people out there.

Any hint of preselection will cause problems so the RLMT has to be performed flawlessly and more importantly, evidence shown as to why any UK/EU applicants are not suitable.

What's the nature of the role? Is it particularly niche?

[leonchang]

If thet apply for the licence before the RLMT is complete then there is a risk the licence will be refused. It will be refused for the right reason - pre selection of the candidate because that is exactly the case.

Suggest you look for an employer with a licence that actually follows the rules and does not offer jobs before they complete a RLMT.

Although this is true in theory, the HO can not refuse the company's application for a sponsor license unless the potential Tier 2 Candidate's name is written on the application. If not, the HO has no way of knowing that the company may have pre-selected someone.

The HO may question the RLMT, if the sponsor license application is successful, once you apply for the CoS. However you may get around this by simply stating that the company was unsure if they would sponsor you or hire someone from the settled work force while the RLMT was taking place.

Hi KyleBG89, Thanks for you reply.

"The HO may question the RLMT, if the sponsor license application is successful, once you apply for the CoS. However you may get around this by simply stating that the company was unsure if they would sponsor you or hire someone from the settled work force while the RLMT was taking place." Would this be a reason of HO for rejecting a CoS potentially? I don't understand.

[leonchang]

The HO can and do refuse licence applications for the very reason of not completing the RLMT prior to applying for a licence.

It can be refused under non genuine vacancy regardless of a candidate being named or not.

If the licence application is successful - probably only because there was no pre licence visit - the suggestion that you can issue a COS and say the candidate was not known at the time. Good luck with that because there is a way to test that statement.

As I say, find a proper Sponsor who follows their duties because in the long run that is the safest way to successful employment in the UK.

Out of interest are you switching employers? If not what is your current immigration status?

Thanks Frontier More. I agree with your point. Just need a visa ASAP as my current is going to expiry in a couple of months. I am currently holding a PBS dependant visa and working at the company in UK. But I need to apply for T2 outside UK.

[Frontier Mole]

The rules on pre selection / non genuine vacancy essentially through the RLMT protect the local employment market. The best candidate is not the reason for selecting a Tier 2 migrant as the wording states if only a suitable candidate under RLMT can not be found.

Hence if any suitable local residents apply for the role then that role can not be offered to you. Even if you would be the best candidate. So the HO very much cares about following the RLMT and hence I keep on saying look for a genuine Sponsor.

The route you are following will lead no where going forward.

You have not said what your immigration status is?

[Frontier Mole]

We posted simultaneously

[leonchang]

If thet apply for the licence before the RLMT is complete then there is a risk the licence will be refused. It will be refused for the right reason - pre selection of the candidate because that is exactly the case.

Suggest you look for an employer with a licence that actually follows the rules and does not offer jobs before they complete a RLMT.

Hi Frontier Mole, Thanks for your advice. Unfortunately this is the only company who wants to sponsor me at the moment. My visa is going to expire in a few month, so I do need a visa ASAP. I am just not sure why the pre-selection would be a problem for Home Office if the company thinks I am the best person for the job.

Regards

But they don't know that, there are other people out there.

Any hint of preselection will cause problems so the RLMT has to be performed flawlessly and more importantly, evidence shown as to why any UK/EU applicants are not suitable.

What's the nature of the role? Is it particularly niche?

Hi Wanderer, It's good point. Many thanks

[Frontier Mole]

You are in a hopeless position. Your already working for the company. How can it be anything other than preselection?
The whole process of the Tier 2 application and even if successful the issue of the RCOS is doomed to failure.

Your company records will show you were an employee and so will your HMRC records

Is there no possibility of your partner getting another visa?

[leonchang]

The rules on pre selection / non genuine vacancy essentially through the RLMT protect the local employment market. The best candidate is not the reason for selecting a Tier 2 migrant as the wording states if only a suitable candidate under RLMT can not be found.

Hence if any suitable local residents apply for the role then that role can not be offered to you. Even if you would be the best candidate. So the HO very much cares about following the RLMT and hence I keep on saying look for a genuine Sponsor.

The route you are following will lead no where going forward.

You have not said what your immigration status is?

Thanks for you explanation. Now I understand better how it works.

[leonchang]

You are in a hopeless position. Your already working for the company. How can it be anything other than preselection?
The whole process of the Tier 2 application and even if successful the issue of the RCOS is doomed to failure.

Your company records will show you were an employee and so will your HMRC records

Is there no possibility of your partner getting another visa?

This sounds really scary. But I'll find it out. Thanks anyway.

[leonchang]

You are in a hopeless position. Your already working for the company. How can it be anything other than preselection?
The whole process of the Tier 2 application and even if successful the issue of the RCOS is doomed to failure.

Your company records will show you were an employee and so will your HMRC records

Is there no possibility of your partner getting another visa?

I tried to look at relative official documents, it seems there is nothing approving what you have said. It also doesn't make sense to me. So I am assuming your conclusion is based on my idea/question of applying for the sponsor licence simultaneously when RMLT is under way ?

If my company waits 28 days till RLMT is done and still can't find anyone suitable, would I be in a hopeful position to have a T2 visa possibly?


Regards

[Frontier Mole]

No better position because it is still pre selection

[leonchang]

No better position because it is still pre selection

Even if RLMT is done by the company to prove that there is no suitable candidate, I am confused that why It's still a pre-selection. Were you trying to say people who work in UK already and need a RLMT to switch into T2, they can't have a T2 visa from their company ? If so, would anyone please show me any HO statement about this. Many thanks.

[CR001]

What's the nature of the role? Is it particularly niche?

Wanderer already asked a question to understand your situation, which you either missed or have ignored.

[leonchang]

What's the nature of the role? Is it particularly niche?

Wanderer already asked a question to understand your situation, which you either missed or have ignored.

Thanks for reminding. I probably missed. The role is niche, my skills set and experience particularly are fit to the role.Now I think I need to wait till RLMT ends anyway.