Greater availability of tier 2 visa COSs in October 2015

There is a lot of bad news about UK immigration these days. One bit of good news is that from 12 October 2015 it became easier for many migrants to obtain a restricted certificate of sponsorship and so Tier 2 visas.

An employer with a tier 2 sponsorship licence needs to apply for Certificates of Sponsorship (CoS) for immigrants they wish to employ. Under the new immigration system unused tier 2 restricted CoSs to employ people who are currently based outside the UK can be reclaimed after three months. This increases the availability of restricted CoSs used.

Under the Tier 2 visa points based system for allocations of CoSs there are various salary ranges. Under the new tier 2 visa points scoring system there has been an increase in the number of salary bands; tier 2 employees with lower salaries are more likely to gain enough points under the Tier 2 visa allocation of CoSs in October 2015. The new Tier 2 restricted certificate of sponsorship system (CoS) have resulted in the minimum salary required to gain enough points dropping to its lowest level since June, 2015. This together with the availability of unused COSs from the previous three months has resulted in a big increase in the allocation of tier 2 restricted CoSs for employers.

In October, applications for a restricted tier 2 certificate of sponsorship only required a minimum score of 22 points, with a salary offering of £22,000 or more, to be considered for allocation. In June, the minimum salary requirement was £46,000, which had a major impact on numerous UK businesses, unable to afford such high salaries.

Factors resulting in a reduction in the salary level to gain a COS

The season in which the usual number of monthly restricted tier 2 certificate of sponsorship applications is boosted by a high number of graduate applications has now ended. October is also the first month that the recently made Home Office changes to the tier 2 restricted CoS system have been implemented.

The new tier 2 points based system is now in use, increasing the overall number of salary bands. The Home Office can now employ far more flexibility when granting a larger selection of restricted tier 2 CoS applications. This results in a greater number of allocations being made possible.

Additionally, the Home Office now has the power to retrieve previously allocated CoS which have gone unused for a continuous period of three months since their initial allocation. This new power has been brought in to increase the number of restricted tier 2 CoS that are made available for allocation on a monthly basis.

Increased number of CoS allocated in October

UK immigration changes allowing unused restricted COSs to be reused have led to an extra 456 restricted CoS, nearly one-third of the original monthly allocation, to the overall number of restricted CoS allocated for October.

Although the drop in the minimum salary requirement for October has been greeted positively by employers and immigrants, it has also been said that the news comes at a time of year when the demand for tier 2 restricted certificates of sponsorship is lower than normal. It is uncertain how much of a difference this will make in the long term. The Government is bringing in even tougher immigration controls to keep out immigrants.

Tier 2 sponsorship licences are frequently revoked unfairly. There is also no proper right of appeal against revocation of a sponsorship licence. The only legal remedy is a Judicial Review application which is difficult and unlikely to succeed. The current system leads to huge injustices occurring in the immigration system.

Workpermit.com can help with tier 2 visa sponsorship licences

If you need help with a tier 2 sponsorship licence or would like help with complying with your tier 2 sponsorship licence obligations workpermit.com can help. Call 0344 991 9222 for further details.