Important Changes to the Tier 2 Work Permit - Cap on the Number of Sponsored Migrants

On 19 July 2010 the UK Border Agency introduced anExisting sponsors downgraded to a B-rating will not be
interim limit on applications submitted under Tier 1allocated any CoS until they demonstrate their
(General) and Tier 2 (General) of the Points Basedcommitment to make improvements by signing up a
System. This limit will be in place until 31 March 2011 andsponsorship action plan. They will not be able to
will be reviewed on a regular basis to reflect theemploy or renew existing visa for foreign nationals and
changing economic circumstances.will not be eligible to apply for exceptional consideration
This article will focus on the cap imposed under thewhilst they remain B-rated.
Tier 2 scheme. In a nutshell, it applies to the number ofNew Sponsors
Certificate of Sponsorship (CoS) used under Tier 2During the interim period the UKBA will continue to
General category and it will affect initial applications asprocess sponsor licence applications however, there
well as extension ones. The above limit, however, doeswill be a limited allocation of CoS available to new
not apply to those migrants extending or making ansponsors with some sponsors not being able to
initial application for leave to enter or remain under theemploy any migrants during the interim period.
Tier 2 Intra Company Transfer, Ministers of Religion,Exceptional consideration
Sportspeople. Further, it does not affect individuals whoThose sponsors who do not have any CoS available
intend to apply as dependants of Tier 2 holders.on the Sponsor Management System can apply for
The interim cap for UK employers wishing to sponsoradditional CoS under the exceptional consideration. The
migrants under the Tier 2 Scheme has been calculatednumber of CoS are available for exceptional cases is
by assessing the CoS usage of each sponsor for thelimited and it is likely that most requests will be refused.
equivalent period from 19 July 2009 - 31 March 2010The overall allocation of CoS available for exceptional
and by applying a reduction to each sponsor whocases will be divided across the months of the interim
used 2 or more CoS during this period.limit.
All licensed Tier 2 (General) sponsors will be notified byAll requests will be assessed and ranked against the
the UKBA of the new CoS allocation cap imposed forfollowing criteria (starting with the highest ranking):
the interim period.•Tier 2(G) /Work Permit extension for an existing
There will be a small number of the CoS reserved forsponsor
exceptional cases however, they will be only available•Tier 2(G) /Work Permit extension for a new
to those who meet the criteria specified below:sponsor
•a new sponsor licensed during the period of the•Positions on Shortage Occupation List for an
interim limit; orexisting sponsor
•an existing sponsor who requires additional CoS in•Positions on Shortage Occupation List for a new
exceptional circumstancessponsor
Some sponsors will be given a ZERO allocation for•Other positions for an existing sponsors
the interim period. This means that although they will•Other positions for a new sponsors
remain licensed by the UKBA and will be able toAll requests for exceptional consideration will be
continue employing existing migrants, they will not ableconsidered by a panel of UK Border Agency
to assign a CoS to any new migrants or thosemanagers meeting on a monthly basis on the first
employees who may require an extension.working day of the month.
However, employers with zero CoS allocation who stillSponsors will be notified of the outcome of their
wish to sponsor migrants or require additional CoSrequest for exceptional consideration within five
during the period of the interim limit might be able toworking days from the panel's meeting. The panel's
apply for exceptional consideration.decision is final and will not attract a right of appeal.
B -rated Sponsors