Proposed changes to Tier 2 restricted CoS system
UK Visas & Immigration (UKVI) is proposing significant changes to the points-based allocation system for Tier 2 restricted CoS which would come into effect on 12 October 2015.
Once passed by Parliament, its changes would allow far more requests for restricted Certificates of Sponsorship (CoS) to be granted in times of over subscription.
Currently, the migrant cap denotes that only 1,650 restricted CoS are available for allocation to employers every month and these requests are granted according to the number of points each restricted CoS accrues. Points are awarded according to a points table wherein the salary which the restricted CoS offers to the migrant employee plays a key role.
Since June this year when requests first overwhelmed the monthly allocation, monthly demand for restricted CoS has consistently exceeded supply and the Home Office has found itself prioritising those requests which scored the most points. This meant that the higher the salary offered by a restricted CoS, the higher the chances of it being granted over the past three months.
Although the proposed changes would not increase the number of restricted CoS available each month, they would increase the number of salary bands in the points table and thereby allow for greater flexibility in granting requests.
The new points table would look like this:
| Type of job | Points | Salary | Points |
| Shortage occupation | 130 | £100,000 – £155,299.99 | 60 |
| £75,000 – £99,999.99 | 55 | ||
| PhD-level occupation code and job passes Resident Labour Market Test or an exception applies | 75 | £70,000 – £74,999.99 | 50 |
| £65,000 – £69,999.99 | 45 | ||
| £60,000 – £64,999.99 | 40 | ||
| £55,000 – £59,999.99 | 35 | ||
| £50,000 – £54,999.99 | 30 | ||
| Job passes Resident Labour Market Test or an exception applies | 20 | £45,000 – £49,999.99 | 25 |
| £44,000 – £44,999.99 | 24 | ||
| £43,000 – £43,999.99 | 23 | ||
| £42,000 – £42,999.99 | 22 | ||
| £41,000 – £41,999.99 | 21 | ||
| £40,000 – £40,999.99 | 20 | ||
| £39,000 – £39,999.99 | 19 | ||
| £38,000 – £38,999.99 | 18 | ||
| £37,000 – £37,999.99 | 17 | ||
| £36,000 – £36,999.99 | 16 | ||
| £35,000 – £35,999.99 | 15 | ||
| £34,000 – £34,999.99 | 14 | ||
| £33,000 – £33,999.99 | 13 | ||
| £32,000 – £32,999.99 | 12 | ||
| £31,000 – £31,999.99 | 11 | ||
| £30,000 – £30,999.99 | 10 | ||
| £29,000 – £29,999.99 | 9 | ||
| £28,000 – £28,999.99 | 8 | ||
| £27,000 – £27,999.99 | 7 | ||
| £26,000 – £26,999.99 | 6 | ||
| £25,000 – £25,999.99 | 5 | ||
| £24,000 – £24,999.99 | 4 | ||
| £23,000 – £23,999.99 | 3 | ||
| £22,000 – £22,999.99 | 2 | ||
| £20,800 – £21,999.99 | 1 |
Such a change would mean, for example, that the minimum salary requirement for June’s allocation of restricted CoS would have been set at £34,000 as opposed to the far higher figure of £45,000, and would have consequently led to the granting of many more requests that month.
The new system would also allow unused restricted CoS to be returned to the pot far sooner, thus increasing the number of restricted CoS available for further allocation.
Sponsors will not experience any changes in the restricted CoS application process and should continue to apply for their allocation in the usual and familiar way.
These changes, although provisional, would be applied to the monthly restricted CoS allocation meeting on the 12 October 2015, once the new immigration rules have been laid before parliament. The allocation meeting on 11 September will continue to use the current points table.
If your organisation has any concerns over your monthly allocation of restricted CoS, please contact Smith Stone Walters today.
