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Tier 2 Visa job offer retracted - Help?

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  • Tier 2 Visa job offer retracted - Help?

    Hello!

    I'm asking this on behalf of someone who is really disappointed and was wondering what (if anything given her non EEA status) she can do to try and rectify the situation.

    She was offered a role at an NHS hospital following a recruitment process with 83 candidates to which she was told she was the best candidate and accepted. A few days later she was then told that the offer had been retracted because the HR department were not willing to carry out a RLMT in order to then sponsor her.

    Her application was quite clear in stating her Tier 2 requirements for employment which they had clearly missed before offering the role. And they have now suggested that they have found suitable settled workers capable of doing the role.

    The role itself is not on the shortage list or falls under any exceptions so an RLMT would need to be carried out and no suitable workers found before a Certificate of Sponsorship offered.

    A couple of questions -
    • Would the normal recruitment process (4 weeks+ where the job was advertised online etc) and even then she was offered the role not count as an RLMT?
    • If not are they able to carry out a new RLMT at this stage or are they just deciding not to for the easy solution?
    • It feels as though they are simply ignoring any additional work to secure the best candidate to whom the role was initially offered, which they may be entitled to do (?), however it feels extremely discriminatory. Does she have any legal legs to stand on or should she just give up?


    Apologies if I've jumped around in my post! I fear she can't do anything about it however it would be good for her to understand in case anything like this comes up again.

    Thanks for your comments. If you have any additional questions do let me know

    Thanks!
    Tags: None

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