Tier 2
Restricted CoS:
What will July bring?
26 June 2015
June 2015 was the first month since the inception of the Points-Based System to see sponsor requests for Tier 2 restricted Certificates of Sponsorship go unanswered due to over-subscription.
Why were so many sponsor organisations refused their June allocations?
A Tier 2 restricted Certificate of Sponsorship (CoS) is a government-issued document essential to the hiring of highly skilled Tier 2 migrant employees (excluding intra-company staff) and must be applied for on a monthly basis according to each organisation’s needs. Each Tier 2 restricted CoS request earns points according to a set of criteria where the proposed level of salary being offered to the migrant worker is key. Monthly allocations of Tier 2 restricted CoS are awarded to those requests which attract the most points.
This June saw the monthly limit of 1,650 Tier 2 restricted CoS available for UK businesses completely overwhelmed and many requests which would be regarded as legitimate under normal circumstances were rejected.
Figures reveal that, in most cases, grounds for these refusals were salary based. Due to the unusually high number of requests, it was necessary for the Home Office to identify and reject every Tier 2 restricted CoS offering a proposed level of salary lower than £46,000.
What can sponsors expect to happen next month?
Although there are 2,049 Tier 2 restricted CoS available for allocation in July, it would be wise for UK sponsors submitting or resubmitting a request in July to expect a similar scenario to June’s over subscription for the following reasons:
- Just like last month, July is likely to see a high number of requests for graduate positions owing to the time of year;
- It is probable that many organisations will re-submit allocation requests that were not approved last month; and
- It is possible that some sponsors will wish to submit applications earlier than usual for fear of rejection.
How can employers prepare themselves ahead of July?
Unless the Tier 2 restricted CoS you are requesting is offering a role which can be found on the shortage occupations list or offers a job at PhD level, there is currently no certainty of securing your allocation of restricted CoS.
However, given that many, if not all, of June’s refusals were salary-based, one thing is clear. The higher the proposed level of salary being offered to the migrant worker, the greater chance the employer has of their request being granted. £46,000 could again prove to be the cut off for July’s allocation.
UK sponsors are advised to contact us Smith Stone Walters, as soon as possible in order to ensure the best chance of being granted their requested allocation of Tier 2 restricted CoS in July.
Click here for the official figures
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