Due to rapid growth, Company C, a UK-based Digital Marketing Company wanted to to hire a Senior Project Manager. They found the perfect candidate in a non-EEA national, however, because the migrant’s leave had been curtailed, the window to successfully secure sponsorship under the Company under Tier 2 (General) was extremely limited.
A Y & J Solicitors were approached by Company C to assist them with running the Resident Labour Market Test (RLMT) and apply for an unrestricted Certificate of Sponsorship.
Running an RLMT prior to application
We assisted Company C to run an RLMT prior to applying for a Certificate of Sponsorship (CoS), as required by immigration law (unless an exemption applies), and to keep proof that they had done so. Any errors at this stage can lead to the real risk of a sponsorship being delayed; especially where short timescales apply, such as in this case.
It should be noted it is also advisable to run a compliant RLMT before applying for an in-year CoS allocation increase, allowing the licence holder to show evidence of the need for an unrestricted certificate of sponsorship.
Using the Priority Service
Having run the necessary RLMT, we helped Company C apply for the unrestricted CoS.
Having run the necessary RLMT, we helped Company C apply for the unrestricted CoS. In order to expedite the process, we recommended the use of the Priority Service. This is provided by the Home Office and allows specific immigration requests to be prioritised for an additional £200 fee. Thankfully, in the case of Company C, the Priority Service can be used whereby a Tier 2 licence holder needs to assign an unrestricted certificate of sponsorship.
Proof of RLMT provided
Following submission of the application for a CoS, the Home Office then asked for evidence of the RLMT. As we had previously advised Company C on the record keeping requirements for the RLMT, they were quickly able to provide acceptable documents to the Home Office.
Having provided the necessary RLMT evidence, Company C were successful in receiving a CoS in time before the expiry of their new employee’s leave.