Changes Announced on the Restricted Certificate of Sponsorships Allocation Process
On 4 September UKVI announced that they are proposing to change the operation of the Tier 2 General limit in order to improve flexibility. The limit applies to registered Tier 2 General sponsors holding an A-rated licence, applying to the UKVI for Restricted Certificate of Sponsorships (RCoS) to sponsor:
- Tier 2 General migrants applying from outside of the UK to work a skilled job at an annual salary below £155,300; and
- Tier 4 General dependant migrants applying from within the UK to switch to Tier 2 General.
The annual limit of restricted certificates is £20,700 and this amount is divided into a monthly allocation. When the monthly allocation has not been reached the remainder is rolled over in to the following month.
To apply for a RCoS the Tier 2 General sponsor has until the 5th of the relevant month to submit the RCoS application via its Sponsor Management System. The application is sent for consideration to the UKVI panel and on the 11th of the same month the UKVI will notify the sponsor of its decision. The monthly figures are also published on the UKVI website.
The Tier 2 General limit was first introduced in April 2011. However, as we have previously reported, in the last three months the Tier 2 General limit has been oversubscribed. This means that the RCoS applications have exceeded the monthly allocation available. When the monthly limit is reached the UKVI Panel has to prioritise the RCoS application by referring to the points table. The Points Table is a list of salary bands against the following grouped occupations:
- Shortage Occupations;
- PHD-Level Occupations; and
- Jobs that have passed the Resident Labour Market Test or where an exception applies.
The UKVI Panel will use the table to take in to consideration the annual salary on the RCoS application to calculate the points. They confirm that the prioritisation given to shortage occupations and PhD-level occupations is unchanged.
Table 1 Current Points Table
| Type of Job | Points | Salary On Offer | Points |
| Shortage Occupation | 75 | £20,800 - £20,999.99 | 2 |
| PhD-level occupation code and job passes Resident Labour Market Test | 50 | £21,000 – £21,999.99 | 3 |
| Job passes Resident Labour Market Test or an exemption applies as set out in paragraphs 78B or 78C | 30 | £22,000 - £22,999.99 | 4 |
| £23,000 - £23,999.99 | 5 | ||
| £24,000 - £24,999.99 | 6 | ||
| £25,000 – £25,999.99 | 7 | ||
| £26,000 - £26,999.99 | 8 | ||
| £27,000 - £27,999.99 | 9 | ||
| £28,000 - £31,999.99 | 10 | ||
| £32,000 - £45,999.00 | 15 | ||
| £46,000 - £74,999.99 | 20 | ||
| £75,000 - £99,999.99 | 25 | ||
| £100,000 - £155,299.99 | 30 |
Table 2 - Revised Points Table
| Type of Job | Points | Salary | Points |
| Shortage Occupation | 130 | £100,000 - £155,299.99 | 60 |
| Shortage Occupation | 130 | £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 |
| PhD-level occupation code and job passes Resident Labour Market Test or an exception applies | 75 | £65,000 - £69,999.99 | 45 |
| PhD-level occupation code and job passes Resident Labour Market Test or an exception applies | 75 | £60,000 - £64,999.99 | 40 |
| PhD-level occupation code and job passes Resident Labour Market Test or an exception applies | 75 | £55,000 - £59,999.99 | 35 |
| PhD-level occupation code and job passes Resident Labour Market Test or an exception applies | 75 | £50,000 - £54,999.99 | 30 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £45,000 - £49,999.99 | 25 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £44,000 - £44,999.99 | 24 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £43,000 - £43,999.99 | 23 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £42,000 - £42,999.99 | 22 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £41,000 - £41,999.99 | 21 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £40,000 - £40,999.99 | 20 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £39,000 - £39,999.99 | 19 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £38,000 - £38,999.99 | 18 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £37,000 - £37,999.99 | 17 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £36,000 - £36,999.99 | 16 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £35,000 - £35,999.99 | 15 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £34,000 - £34,999.99 | 14 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £33,000 - £33,999.99 | 13 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £32,000 - £32,999.99 | 12 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £31,000 - £31,999.99 | 11 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £30,000 - £30,999.99 | 10 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £29,000 - £29,999.99 | 09 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £28,000 - £28,999.99 | 08 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £27,000 - £27,999.99 | 07 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £26,000 - £26,999.99 | 06 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £25,000 - £25,999.99 | 05 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £24,000 - £24,999.99 | 04 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £23,000 - £23,999.99 | 03 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £22,000 - £22,999.99 | 02 |
| Job passes Resident Labour Market Test or an exception applies | 20 | £20,800 - £21,999.99 | 01 |
The current table (Table 1) consists of a wide salary band and the revised table (Table 2) has increased the number of salary bands to improve flexibility. In the month of June 2015, where the minimum score for RCoS applications for RLMT jobs was 50 points, the annual salary had to have been £46,000 or above. Under the revised table the UKVI has advised that RCoS applications at an annual salary of £34,000 or more would have been approved.
The new table is provisional until the necessary changes to the Immigration Rules have been laid before Parliament. UKVI plan to introduce the revised Table on 12 October 2015 which will apply to RCoS applications submitted from 6 September 2015 to 5 October 2015.
INCREASING THE NUMBER OF AVAILABLE RESTRICED CERTIFICATES
Under the current rules an approved restricted certificate has to be assigned within three months or it will automatically expire making them useless thereafter. However, the UKVI propose to make good use of all expired restricted certificates by returning them to the limit, consequently increasing the number of available RCoS.
We will of course keep you posted on the progression of these proposed changes. If you have any questions in the meantime please do not hesitate to contact a member of the business immigration team, Anita de Atouguia, Natalie Simms or email immigration@doyleclayton.co.uk
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