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Pressure on Tier 2 (General) Restricted Certificate of Sponsorship Cap Set to Ease

on Friday, 22 June 2018.

As the cap on Tier 2 visas for skilled non-EEA workers is hit for an unprecedented 7th successive month, the Government has announced changes which are likely to significantly ease demand.

Increased demand on the Tier 2 (General) limit - set at 20,700 per year - is thought to have come about principally as a result of Brexit, with fewer skilled EEA national workers wanting to come to the UK - and more leaving - as a result of uncertainty of their future status. The NHS in particular, which is thought to account for around 40% of all Tier 2 sponsorship, is struggling to retain and recruit doctors and nurses from EEA countries and so is turning to Tier 2 to fill vacancies with non-EEA nationals.

When demand for Certificates of Sponsorship (CoS) allocated monthly from the annual cap exceeds supply, priority is given on the basis of a points-scoring system, first to roles on the Shortage Occupation List, then those at PhD level, and finally to those meeting the requirements for 'new graduate jobs or internships' and certain 'public service occupations'. After that, all roles are awarded points on the basis of the salary on offer. As most applications do not score additional points other than for the salary on offer, this effectively amounts to an auction with CoS awarded to sponsors prepared to pay the most. Since the cap was reached in December 2017, the minimum salary required where the type of job did not qualify for an award of additional points ranged between £50,000 and £60,000. Although details have not yet been released for the June 2018 allocation, it is widely suspected that the cap has been reached again, with a minimum salary of £55,000 or possibly more required once again.

This is all set to change however, following changes to the Tier 2 limit announced by the Government. From 6 July 2018, sponsors of medical practitioners and nurses will no longer need to apply for CoS out of the monthly cap and instead can use "unrestricted" CoS when sponsoring non-EEA nationals to take these roles.

What Will This Mean Going Forward?

This move is expected to free up hundreds of additional places within the cap each month for other highly skilled occupations, such as engineers, IT professionals and teachers. Whilst there might continue to be an excess of demand over supply, the minimum salary required under the cap for roles not classed as PhD level or on the Shortage Occupation List is likely to fall considerably, although it remains to be seen by how much and whether removing doctors and nurses from the cap will offer long-term relief.

What Steps Can Sponsors Still Affected by the Cap Take?

If sponsors of lower-paying roles are still struggling to obtain Tier 2 (General) CoS under the annual limit after doctors and nurses have been removed then they may need to consider alternative options.

As previously reported, demand has never been so high that roles on the Shortage Occupation List or at PhD level have been affected by the cap. Similarly, jobs which score additional points as 'new graduate jobs or internships' or 'public service occupations' are now less likely to be affected as the demand reduces. Sponsors should therefore consider whether they can claim additional points under any of those headings. Otherwise, sponsors could look at the points their application will be awarded and consider whether a genuine increase in salary might be justified in order to score more points.

Some sponsors still affected by the cap might be able to rely on alternative options, such as sponsoring graduates on Tier 4 visas to switch to Tier 2, recruiting migrants already in the UK with Tier 2 (General) leave who work for another sponsor, or sponsorship under the Tier 2 (Intra-Company Transfer) category. Other solutions might be found based on the individual's own circumstances, for example if they are married to a British citizen or EEA national. If no alternatives can be found though, sponsors may have little alternative but to hope that removing nurses and doctors from the cap means that there are sufficient CoS available for all other requests to be approved.


If you would like assistance with any aspect of sponsoring workers under Tier 2, please contact Tom Brett Young in our Immigration team on 0121 227 3759.

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