Resident labour market test

[Yuvarajvijayakumar]

Hi all,

All gurus and moderators and new members hope you all doing good.

Please can you help us. My wife is currently on a tier 2 general visa .she is trying to switch to different company in tier 2(our visa expiring in May 2017).

She has been told by an employer(after the interview process) that they are going to offer her a sponsorship. Following that they have posted the ad to perform the RLMT. The job ad was posted on 24feb17 and expiring on 24mar17. When they posted they put 37.5 hours per week Monday to Friday 9.00am to 5.30pm and the salary accordingly for 37.5 hours per week . And now suddenly the hours to be worked changed to 35 hours per week with the same salary and same working hours . What does that mean.

When she apply for the visa will there be a question that 9 am to 5.30 pm comes to 8.5 hours a day. Even if the break is an hour it is 7.5 hours a day and 37.5 for a week. Or it will not have any impact as long as in the cos it is mentioned 35hours.

Please help everyone. We are going through a very tough stage of life .

Many thanks in advance .

[CR001]

She has been told by an employer(after the interview process) that they are going to offer her a sponsorship. Following that they have posted the ad to perform the RLMT. The job ad was posted on 24feb17 and expiring on 24mar17.

I would be far more concerned that she has in fact been offered a job BEFORE the RLMT process has been posted and completed. She is clearly 'pre-selected' and the sponsor is ONLY do RLMT to tick the box for HO.

[Yuvarajvijayakumar]

The job was advertised in the company website and she applied . Then with all other candidates she got interviewed and then the requirement of ukvi to perform RLMT is different so they again advertised in the mentioned way.

[CR001]

RLMT is supposed to be done BEFORE she is interviewed and offered a job, ie she should apply for the job during the RLMT process etc. where the job has been advertised on two websites.

HO could and do ask for evidence of candidates who applied during RLMT and for the reasons they have not been successful. If there is any indication that the RLMT has been constructed in a way to exclude any EU/ILR or BC applicants to favour your spouse, there will likely be problems. They have offered her a job before the required RLMT process has even started and is complete.

If this is a genuine sponsor, they should know this and what the process is for RLMT.

[CR001]

See the link below, page 118 onward, from point 28.18 onwards.

https://www.gov.uk/government/uploads/s ... idance.pdf