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Tier 2 G - Transferring to a different location & RMLT

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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woolichguy
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Tier 2 G - Transferring to a different location & RMLT

Post by woolichguy » Tue Nov 28, 2017 12:40 pm

Hi

I have a question regarding a situation with my fiance who is currently working as a pharmacist for a reputed company in UK. She was originally posted in Nottingham when she moved from Tier 4 to Tier 2 General visa 4 years back and now requesting to move to London to be with me post our wedding.

The response from her company was that the transfer to London would trigger a residential market test and that she would fail considering the availability of pharmacists in London. I'm a bit surprised that when an employee of the company under a specific COS wants to move to another location within UK to do a role under same COS why would that trigger a need for RMLT. Has anyone encountered this in the past?

The challenge is the company is happy to give her a transfer to location "close" to london which is 40 miles away from our home which doesnt help us. Thought would be worth checking this and get some advise.

She is eligible for her ILR in Sep 2018 but thats almost another year and its not worth the hassle.

Thanks a lot for your assistance.

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CR001
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Re: Tier 2 G - Transferring to a different location & RMLT

Post by CR001 » Tue Nov 28, 2017 1:33 pm

Find another sponsor?
Char (CR001 not Casa)
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woolichguy
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Re: Tier 2 G - Transferring to a different location & RMLT

Post by woolichguy » Sun Dec 03, 2017 10:02 pm

The explanation provided by her company is that there are too many pharmacists in London and hence the RLMT will fail if job applied for london.

If that's the case changing sponsor will definitely not help us too. I'm seriously considering the option of getting her the spouse visa post our marriage and that would put things to rest regarding visa.

But still a surprise as I cannot find any document which suggests that the a transfer of employee to a different location especially London will trigger RLMT.

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Casa
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Re: Tier 2 G - Transferring to a different location & RMLT

Post by Casa » Sun Dec 03, 2017 10:07 pm

Bear in mind that switching to a spouse visa will reset your wife's immigration clock to zero, putting her on a new 5 year route to settlement (ILR). :idea:
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

woolichguy
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Re: Tier 2 G - Transferring to a different location & RMLT

Post by woolichguy » Wed Dec 06, 2017 2:36 pm

Thanks for making me aware of that. Thought that it counts towards the settlement time.

This brings us to a new challenge. she needs to go to the place of work they assign till she qualifies for ILR and then we can sort it out then.

Thanks for your advise...but my question still unresolved. By merely transferring an employee to a different location in the same country would trigger RLMT is a mystery for me. I guess will get her to speak to a immigration solicitor to clarify this.

Cheers :)

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