Unrestricted COS allocation Refused urgent help

[Patela84]

Hi Guys,

I have an urgent question my company just got sponsorship lic 1 month ago for Job vacancy we need (Business Development Manager) in Clothing Manufacturer Company. but didn't get any UCOS allocated which we ask them . then request for UCOS allocation 2 weeks ago but it was refused today.

4 months ago,we already done RLMT before when we apply for Sponsorship Lic.

we put justification while we request UCOS Request "We were trying to find the appropriate candidate to fill the vacancy of Business Development Manager due to the fact that we are expanding our business and we need a Business Development Manager to deal with new and existing clients ensuring that the company meets the client’s demands to satisfactory level. We have now identified and selected an applicant who is appropriate for the Business Development Manager’s vacancy. The Applicant has the required Qualification, Experience and Skills for this post. We are therefore applying for the allocation of one unrestricted Certificate of Sponsorship (CoS) that can be assigned to the applicant so that he can start work for the company as soon as possible. The applicant is currently on Tier 4 (General) migrant visa who has recently completed his Master’s degree from the UK recognised university. The Duties of this job, skills, experience and the qualifications required for this job have already provided when the Sponsorship Licence application was made".

hi below is the letter the employer has received.employer has started the the RLMT as well so this way they can show its a genuine vacancy.

"We have not granted the allocation you requested in Tier 2 (General). We have refused your request , base on information you have provided in your justification and your email.

From the evidence provided, including the job description and duties we have refused your application as we are not satisfied that you can offer genuine employment that meets the Tier 2 (General) requirements for the following reasons:

We have considered the evidence provided and we are not satisfied that you can offer a genuine vacancy that meets the Tier 2 (General) requirements. A Tier 2 License will only be granted where a job role can clearly be defined as highly specialised and consequently a candidate cannot easily be recruited from the local labour market or a business has been unable to find a suitable candidate following a recruitment search. We are not satisfied the vacancy you have identified is defined as a highly specialized role.

In addition the job description and duties provided in your email dated 29th June 2015 for “Enterprise Account Manager” is not match with the job description provided in your justification .

Moreover, there isn’t a shortage of Account Manager / Business development Manager in the UK, and indeed we would expect businesses to fill such vacancies by recruiting personnel from the resident workforce who are not subject to immigration control.

Based on the evidence provided by yourself, we are satisfied that you should have been able to fill positions within your business, by making a concerted effort to advertise this job to the resident labour force.

Please refer to Paragraph 15.13 of our Tier 2 & 5 Policy Guidance for Sponsors requires a job to be a genuine vacancy."

Question

1. Can we request UCOS again for same Vacancy?

2.Do we need to do RLMT again ,which we did just 4 month ago and also As we identified Tier 4 Migrant who competed Master degree from UK so do we need to do RLMT again?

3.When we request UCOS again what Justification we need to fill for Same Vacancy?

Please Exports and Guru reply ,your help will be really appreciated as its urgent.