Filling out Appendix 5 form(Tier 2 General)

[Santosh S Gawde]

Dear Gurus,

I am switching my visa from tier 2 general partner to tier 2 general as my Employer has successfully carried out Resident market labour test and have assigned me Cos.

My main query here is do I need to fill out the Appendix 5 form as well along with the online application form?

Also wanted to confirm the number of points I score

1) CoS (Resident MArket labour test = 30
2) Salary = 20 (Now I am offered a salary 38,000 so should I claim here 25 points as I read on visa bureau website for salaries greater than 32 k its 25 points?)

3) English language ability = 10 points (I am proving that my degree was taught in English using a letter from UK NARIC .But I can't find an option on the Appendix 5 form to put a X against the box that I am providing NARIC letter. I was expecting it to be there in 8.6(how the degree was verified that it was taught in English) so not sure if its fine if I just only put a X on 8.8 that I am providing original degree certi ?)

4) Maintainance = 10 points (Showing 90 days bank statements)


So if you could please confirm if I am correct with the points above and help me out in filling the Appendix 5 form especially for point 3 ?


Many thanks ,
Santosh

[CR001]

Your previous post in September says that you are on Tier 2 General (not partner)

Are you 200% positive that RLMT was done correctly and that no BC/EU or settled person is available to do the job? You need to be certain that you have not been 'pre-selected' for the role given that you are already employed by the sponsor.

P.S. you cannot 'switch' to Tier 2 General. It is a new entry clearance application from your home country.

[Santosh S Gawde]

Many thanks for the prompt reply.
My employer has carried out RLMT successfully as no applicants applied for the job during the 28 day advertisement period.So I can't see preselected question will come in my case , but please correct me if I am wrong and if I need to do anything .......like get some documents etc from my Employer as I am flying back to India this Wednesday to do the entry clearance application as I know I cannot switch within UK.
Also my employer did advertise the job for a different role than what I am currently doing.

At the moment the only document I have from my Employer is COS which states my salary and other details like start and end details of Cos etc. The letter also does say at the start that "Following are the CoS details in order to enable you to start your employment with ****"".......
So if I require any documents apart from this for the RLMT that was carried out the please advise as I just have 3 days left before I fly back to do my application.


Also if you could please advise on my points query above and help me filling out Appendix 5 form as well?


Many Thanks,
Santosh

[CR001]

Just be aware that HO can request from your employer directly, details of everything to do with the RLMT.

I hope the job advert was not 'tailored made' for you to specifically exclude anyone else. This has been reported by members on the forum and has resulted in refusal due to 'pre-selected' aspect and HO not believing there were no applicants at all. Applicants already employed by a sponsor for a while and then apply to change to Tier 2 General also tend to get scrutinised a bit more.

Did your employer advertise the job on two portals as required for the full 28 days before offering you the job after interview?

I am not familiar with the form so suggest wait for someone else to respond on those points.

[Santosh S Gawde]

Yes the job advert was not tailored made and it was advertised on two different websites, one on the company's job portal as it is a multinational company with more than 500 employees and other on universal job match website.

The company says it did took advise from the solicitor and the home office regarding this and then went on further and hence came to an conclusion to advert for a slightly different role so that even if the home office raises question they can give an explanation.

I am a bit worried now looking at your last reply as till now I was a bit confident when RCos application was successful because I thought the Home office would have already scrutinised all these aspects about RLMT when they issued RCoS. Is it not they check all these things during issuing RCoS because I have read some posts where the RCoS was rejected as the RLMT was not properly carried out ?