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RLMT acceptable for RCoS

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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star25
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Posts: 13
Joined: Fri Mar 23, 2018 11:29 am
Australia

RLMT acceptable for RCoS

Post by star25 » Fri Mar 23, 2018 9:35 pm

Just wondering would a job ad that states the salary as "competitive + benefits" without stipulating any actual salary or range be accepted for the RLMT? Employer said RCoS was unsuccessful due to salary which is unsurprising & they will re-apply in April but the job advert never clearly stated a salary & a few people have told me it should have been rejected due to that and they would need to re-advertise which isn't happening currently.

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CR001
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South Africa

Re: RLMT acceptable for RCoS

Post by CR001 » Sat Mar 24, 2018 8:34 am

Page 121 of the Sponsor guidance notes.

https://www.gov.uk/government/uploads/s ... 8_v1.0.pdf
28.19 When carrying out the resident labour market test, you can only use the
advertising methods set out in this guidance. The job advertisement must be in
English, unless based in Wales where it may be in English or Welsh, and it
must include all the following:
• the job title
• the main duties and responsibilities of the job (job description)
• the location of the job
• an indication of the salary package (including allowances) or salary range or
terms on offer, the ‘Rates of pay’ section has more information
• skills, qualifications and experience needed
• the closing date for applications, unless it is part of a rolling recruitment
programme - if it is a rolling recruitment programme, the advertisement
should show the period of the recruitment programme
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

star25
Newly Registered
Posts: 13
Joined: Fri Mar 23, 2018 11:29 am
Australia

Re: RLMT acceptable for RCoS

Post by star25 » Sat Mar 24, 2018 9:54 am

CR001 wrote:
Sat Mar 24, 2018 8:34 am
Page 121 of the Sponsor guidance notes.

https://www.gov.uk/government/uploads/s ... 8_v1.0.pdf
28.19 When carrying out the resident labour market test, you can only use the
advertising methods set out in this guidance. The job advertisement must be in
English, unless based in Wales where it may be in English or Welsh, and it
must include all the following:
• the job title
• the main duties and responsibilities of the job (job description)
• the location of the job
• an indication of the salary package (including allowances) or salary range or
terms on offer, the ‘Rates of pay’ section has more information
• skills, qualifications and experience needed
• the closing date for applications, unless it is part of a rolling recruitment
programme - if it is a rolling recruitment programme, the advertisement
should show the period of the recruitment programme
I've read the sponsorship guidance notes several times but it's still not entirely clear to me if "terms on offer" would include a salary only ever advertised as competitive + benefits. Surely every employer would start advertising this way to skirt around the RLMT requirements if it was allowed :? .

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Djsuccess
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Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: RLMT acceptable for RCoS

Post by Djsuccess » Sun Mar 25, 2018 11:48 pm

star25 wrote:
Sat Mar 24, 2018 9:54 am
CR001 wrote:
Sat Mar 24, 2018 8:34 am
Page 121 of the Sponsor guidance notes.

https://www.gov.uk/government/uploads/s ... 8_v1.0.pdf
28.19 When carrying out the resident labour market test, you can only use the
advertising methods set out in this guidance. The job advertisement must be in
English, unless based in Wales where it may be in English or Welsh, and it
must include all the following:
• the job title
• the main duties and responsibilities of the job (job description)
• the location of the job
• an indication of the salary package (including allowances) or salary range or
terms on offer, the ‘Rates of pay’ section has more information
• skills, qualifications and experience needed
• the closing date for applications, unless it is part of a rolling recruitment
programme - if it is a rolling recruitment programme, the advertisement
should show the period of the recruitment programme
I've read the sponsorship guidance notes several times but it's still not entirely clear to me if "terms on offer" would include a salary only ever advertised as competitive + benefits. Surely every employer would start advertising this way to skirt around the RLMT requirements if it was allowed:? .
"competitive" is not a salary. To avoid wasting your time, ask them to re-advertise and put the salary range.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

star25
Newly Registered
Posts: 13
Joined: Fri Mar 23, 2018 11:29 am
Australia

Re: RLMT acceptable for RCoS

Post by star25 » Mon Mar 26, 2018 3:52 pm

Thanks for confirming my strong suspicion that it was not done correctly. Guess this means no application for me in April if they have to re-advertise for a further 4 weeks now.

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