Ongoing concerns for Sponsors refused a Certificate of Sponsorship under the Tier 2 restricted cap this month

16 July 2015

Following our post on 18 June 2015, as widely predicted the Tier 2 cap was again breached in July. The July allocation of Restricted Certificates of Sponsorship (RCoS) was already bolstered by a large rollover from June (394), resulting in a total of 2,040 available for allocation this month. The minimum salary required to qualify for an RCoS in July was £32,000 which is an improvement on last month when the figure was £46,000.

With the lower salary figure qualifying for an RCoS, this has inevitably resulted in several Sponsors refused last month being successful in the July allocation. What we do not know at this stage is how many Sponsors were unsuccessful.

It is presumed that these unsuccessful Sponsors will resubmit their RCoS applications for the August allocation, but Sponsors should be mindful of the fact that only 97 RCoS will be carried over to August, resulting in far fewer being available for allocation in August compared to this month.

Given the on-going uncertainty for Sponsors offering salaries at the lower end of the spectrum it will be important for those affected to make their voices heard and respond to the recently published Migration Advisory Committee (MAC) consultation on a review of Tier 2.

We will shortly be sending out a survey covering the key issues which the MAC is inviting submissions on and this will be an opportunity for all Sponsors to provide their views on the proposals to overhaul the Tier 2 category.

Further information

For further information on the issues raised in this post, please contact a member of the immigration team.

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