T2 RLMT requirement-new sponsor licence for same employer

[BertramW]

Hi,

My company’s Tier 2 sponsor licence was due for renewal in January 2017, but HR forgot to renew this due to an oversight and the licence expired. HR applied for a new sponsor licence as soon as they became aware of this lapse, and the new licence (under the same company name, but with a new sponsor licence number) was approved by UKVI a fortnight ago.

It looks like I will have to make a fresh Tier 2 application to regularise my leave. My existing Tier 2 visa was granted back in 2015 for a period of 3 years. I have not received a curtailment letter as yet, after the last sponsor licence expired in January.

My question is whether my employer needs to carry out an RLMT?

HR had contacted UKVI on their helpline, and the call centre staff suggested that we should do an RLMT. However, this seems to contradict paragraph 28.4 of the Tier 2 guidance for employers which suggest that an exemption to the RLMT will apply as I am continuing to work for the same employer in the same job.

Any help/advice would be most welcome.

Cheers,
Bert