Restricted Certificate of Sponsorship Application 2015

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Restricted Certificate of Sponsorship application for April 2015 (Updated 23 March 2015)

UKVI will accept applications to the April allocation from 6 March to 7 April. However, as these certificates cannot be assigned until after 6 April, applications will be assessed against the salaries set out in the new Codes of Practice (Appendix J).

UKVI advice to sponsors is that they may wish to delay submitting applications until the new Codes of Practice are published. The April allocation meeting will be held on 15 April.

Please feel free to call us if you have any questions.

 

(Previous post below dated 6 March 2014)

As has become customary for the Home Office around this time approaching April, the UKVI has announced it will update its salary rates for Tier 2 skilled workers on 6th April.

Allocating a Restricted Certificate of Sponsorship before 6 April 2014 – If you have been, or are granted a Restricted Certificate of Sponsorship at the January, February or March 2014 allocation meetings, we strongly advise you to consider assigning it by 5 April 2014.  If it is not assigned by this date you will need to ensure that the salary is in line with the revised salaries set out in the code of practice for the SOC code in question.

This change will also impact upcoming application periods and allocation dates for Restricted CoS in the next two months.

What does the change mean – After April 5, companies must meet the higher salary rates for Restricted Certificate of Sponsorship application. As a result, the Home Office has changed the period for Restricted CoS applications in April and May, alongside delaying the allocation date in April.

April 2014 allocationthe Home Office will only accept applications for the April allocation period from 6 April to 16 April 2014. Decisions on these applications will be made on 18 April 2014. Therefore, there will be a one-week delay in the normal monthly allocation date for April only.

May 2014 allocationthe Home Office will accept applications for the May allocation period from 17 April to 5 May 2014. Decisions on these applications will be made on 12 May 2014.

The revised application periods and allocation dates are for April and May only. The new salary rates will take effect on 6th April.

Urgent restricted certificates of sponsorship – If you urgently need to request a restricted certificate of sponsorship between 6 March and 16 April, you must submit an application and request exceptional consideration. The request for exceptional consideration must be made on the same day that you submit your application or your application for exceptional consideration may be rejected.

Business impact: Companies that do not assign Restricted CoS by 5th April will be bound by the higher salaries. Additional businesses impact is expected delays on staff recruitment and movement. Businesses should be prepared for a delay in securing Restricted CoS to support Tier 2 applications in April, as employers cannot apply until 6th April and as previously stated will not receive a decision until 18th April.

The Home Office will also replace several current Standard Occupation Classification (SOC) codes with more options that cover different job titles within those occupations as of 6th April. These occupations are:

  • 2133 – Electrical engineers
  • 2311 – Medical practitioners
  • 2213 – Pharmacists
  • 2219 – Health professionals not elsewhere classified
  • 2442 – Nurses and social workers

Restricted Certificate of Sponsorship applications made before 6th April under current SOC codes can still be assigned after that date.

We strongly advise that you assign without delay any Restricted CoS granted in the past couple of months, or due to be granted as of 11th March. If not able to assign immediately, please ensure to do so by 5th April 2014 before the new code and salary changes come into effect.

If you are confused about the changes, have any questions or concerns, or wish to immediately assign an existing Restricted CoS, please do get in touch either on 020 7494 0118 or 01224 826 573.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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