RCOS REJECTED-Need advice

[AlexxxH]

Hello everybody,

I've come back to Canada after working on Tier 5 to switch onto Tier 2.
Today my rcos was rejected on the bases that my company did not fulfil the RLMT. This came as a surprise since I'm on the shortage occupations list, so they've filed an appeal. Just to be safe they also posted the job to assure if it's rejected again we've started the RLMT.

In the situation it's not allocated and rejected I'll be stuck here away from my husband for two months. I miss him dearly but of course we have to do what we have to do.

My question is what do you think the chances of the appeal going through and on the event it does not, is there any way possible I'd be able to go back to my husband even as a visitor just for a couple weeks? I have a good history of always leaving the country on time including at the end of my tier 5. I've only been back in Canada about a month and I know that usually makes it impossible. My company said they're willing to help if there's anything at all they can do.

Thank you so much in advance.

[CR001]

What is your husbands UK Immigration status?

[AlexxxH]

My husband is British and a UK citizen

[CR001]

Why didn't you apply for a spouse visa while in the UK, which you could have done on Tier 5?

[AlexxxH]

Because I didn't meet the income threshold. I will be able to meet it with my new employer and plan to switch onto the spouse visa after 6 months of employment.

[CR001]

Did your combined income with your spouse not meet the £18,600pa threshold??

Such a pity as a simpler application with a lot more freedom re work/employer.

[AlexxxH]

Sadly my husband is doing a masters degree and isn't currently employed. I heavily researched every option for the marriage visa and we didn't fit any other categories. It really was a disappointment considering how easy it would have been to switch.

[CR001]

So for Tier 2, what is your SOC code and job title?

[AlexxxH]

2136 and the job title is Software developer. They're currently sponsoring someone else on the same basis as well and didn't require RLMT for them.

[CR001]

2136 and the job title is Software developer. They're currently sponsoring someone else on the same basis as well and didn't require RLMT for them.

Do you meet the requirement in the specific industry for the job to qualify as shortage occupation??

2136 Programmers and software development professionals Only the following jobs in this occupation code:

Senior developer employed by a qualifying company, where the job requires a person with a minimum of five years’ relevant experience and demonstrable experience of having led a team.

The following jobs in visual effects and 2D/3D computer animation for the film, television or video games sectors:

software developer
shader writer
games designer
The following jobs in the electronics system industry:
driver developer
embedded communications engineer

[AlexxxH]

Yes, and the company has someone else sponsored on the same basis that I'll be working with. Though I believe he needed an unrestricted CoS as he was already in the country- I don't know if that makes any differences.