The monthly allocation for December 2017 and January 2018 has been exceeded, but those whose applications were turned down can reapply.
Tier 2 of the Points Based System allows UK companies to sponsor non-European Economic Area (EEA) nationals to work in skilled roles in the United Kingdom. Where the salary on offer in the United Kingdom is less than £159,600 (approximately equivalent to $222,763), the UK company must apply to the Home Office for a restricted certificate of sponsorship (rCoS) to assign to an individual.
There is an annual quota of 20,700 rCoS’ which is subdivided into monthly allocations. rCoS’ can be requested before the fifth day of the month and the outcome is usually confirmed on the 11th day of the month. Points are awarded to requests and shortage occupations are awarded the most points, followed by Ph.D.-level jobs. Points are then awarded based on salary, with the highest-paying roles scoring the most points.
The monthly allocation has been exceeded in December 2017 and January 2018. Applications submitted by 5 January 2018 where applicants were to be paid under £50,000 (approximately equivalent to $69,788) were refused unless they were Ph.D.-level jobs, a role listed on the recognised Shortage Occupation List, or were prioritised for other reasons.
Applicants whose applications were refused will be able to reapply for an rCoS next month provided the advertising undertaken by their prospective employer is still valid. There is no right of appeal following refusal and it is likely that the quota may be exceeded again next month owing to the number of resubmitted requests.
If you have any questions or would like more information on the issues discussed in this alert, please contact any of the following Morgan Lewis lawyers:
London
Yvette Allen
Jennifer Connolly