Visa refused - Sponsor not performed an appropriate RLMT

Hi all,

I was made redundant in September and I am allowed to stay in the UK until 2 January 2016 with my current visa, which is also Tier 2 (General).

In the meantime I found a new job and applied for a Tier 2 (General) visa; however, it has been refused by Home Office. Letter states that CoS should contain a Jobcentre reference number and the job should have been advertised in two additional media (Appendix A and Codes of Practice).

As far as I am concerned a job should be advertised for 28 days. If my company is required to do this again it means that I will need the leave the country before they get a result.

I am very worried about the timescales . I would appreciate if you could advise what I and my sponsor should do.

Regards,
Oz

phoenix44 wrote:As far as I am concerned a job should be advertised for 28 days.

And as far as HO is concerned, policy instructions were not followed (probably) so the application has been refused.

Has either you or your sponsor made an effort to figure out if the sponsor had indeed followed the policy instructions or not, with regards to RLMT?

Start reading from 28.18

sushdmehta wrote:

phoenix44 wrote:As far as I am concerned a job should be advertised for 28 days.

And as far as HO is concerned, policy instructions were not followed (probably) so the application has been refused.

Has either you or your sponsor made an effort to figure out if the sponsor had indeed followed the policy instructions or not, with regards to RLMT?

When the Sponsor said they obtained their licence and CoS, I automatically thought that they completed all prerequisites. I made a new visa application on 25 November and have received HO letter this morning. Unfortunately, I won't have chance to speak to my Sponsor until Monday.

My previous employer had their own team and I never got involved with visa application this much. This new sponsor is a smaller company and not as experienced. As I mentioned earlier, I have less than a month left in the UK and don't know how to proceed. Should I/my Sponsor contact Home Office or an immigration advisor for further help?

Regards

Your sponsor needs to figure out if policy instructions were followed for RLMT or not. Becuase, if they were not, then the decision to refuse is not unlawful.
It is up to you / your sponsor how to ascertain that. I have already provided you with a link where the relevant information is available.

Assuming your sponsor was at fault:

If RLMT needs to be conducted again, there is no time for you to make an in-time application (leave expiring 02-Jan-16).

So the only other alternative is to make an out-of-time application within 28 days after 02-Jan-16. This window, between now and 30-Jan-16, gives your sponsor ample time to conduct another RLMT, assign you a CoS and for you to make an out-of-time application. But it must be ensured that everything (from CoS to your appication) is done "without any error" as a refusal of an out-of-time application would mean that you will be deemed as overstaying in the UK from 02-Jan itself!

Also sounds like you were preselected.

Thanks for your guidance.

Now, this is the plan.. I will leave the country by visa expiry date, go back to my country and wait my sponsor to complete the appropriate process. Conducting a new RLMT, my sponsor will send me the relevant CoS info and then I will apply for Tier 2 outside UK. I think this sounds fine, am I correct?

What do you mean by "relevant CoS"?

Are you not aware:
1. If you apply from outside UK, you will be subject to the 12 month cooling-off period?
2. To apply from outside UK, you need a restricted CoS?