Before a non-EEA national can apply for leave to enter or remain as a Tier 2 (General) Migrant, a certificate of sponsorship (also known as a COS) must be assigned to the applicant. In order for the employer to apply for a COS, they must firstly hold an A-rated Sponsor Licence and secondly, have an allocation of Tier 2 COS.

Sponsors can either apply for a restricted COS allocation or an unrestricted COS allocation. If applying to switch Immigration category within the UK (which must be permitted in accordance with UKBA Guidance), extending Tier 2 or work permit leave, changing employer or if earnings are over £150,000, the employer can apply for an unrestricted COS through the Sponsor Management System.

For applicants who are applying from outside the UK, the employer must apply for an ‘unrestricted’ COS allocation.

The Restricted COS Application Process

The Sponsor will need to apply for a Restricted COS allocation. Applications are considered on a monthly basis and each application will be scored against a set of criteria.

On the 11th of each month (the “allocation date”) the UKBA will decide how many applications can be approved and will allocate the restricted COS to successful sponsors within five working days of that decisions being made. Requests must be submitted to the UKBA no later than the 5^th day of each month to be considered at the next allocation date.

Applications for a restricted COS can only be assigned within three months of the migrant’s proposed start date.

Any Resident Labour Market Test (as applicable) must have been conducted at the date of requesting a restricted COS and the UKBA may wish to verify the information provided prior to granting an allocation.

Please note that a minimum of 32 points are required for an application to be treated as valid.

Tier 2 (General) Points Criteria

Once a COS has been assigned, the applicant will be able to apply for leave to enter or remain under Tier 2 provided that the following criteria is met:

Before the Sponsor applies for an unrestricted or restricted COS, it is strongly advised that both employer and the skilled non-EEA national understand the requirements for a Tier 2 entry clearance or leave to remain application.

We advise clients to look at the nature of the job to firstly ascertain whether it is a skilled job on the UKBA list, or on the Shortage Occupation list. Salary must be above £20,000 however, the appropriate rate as set out in the Codes of Practice may be higher. Consideration must also be given to whether the position needs to be advertised and if the non-EEA national can switch to Tier 2 or is required to make an application from overseas.