The Conservative Government’s annual immigration cap for sponsoring non-EEA skilled migrants under the Tier 2 (General) subcategory has been reached this month leaving some applications for restricted Certificates of Sponsorship being rejected.

What is the annual cap?

The annual cap was first introduced in 2011 and a total of 20,700 restricted Certificates of Sponsorship have been available for each tax year. Restricted Certificates of Sponsorship apply to:

  • Tier 2 (General) migrants who are applying for permission to enter from outside the UK with an annual salary of less than £155,300 per annum;
  • Points Based System dependents under the Tier 4 (student) category switching their stay in the UK who will be paid less than £155,300 per annum.

What does this mean for sponsors?

Some sponsors will now face having unfilled jobs being left vacant which will undoubtedly cause a knock on effect on the business.

If a sponsor wishes to re-apply for a restricted Certificate of Sponsorship for consideration in next month’s quota, there will be increased competition for the allocations. Also, some sponsors, may need to raise the salary packages being offered which means that the unfilled jobs may need to be re-advertised, further delaying the start date for migrants.

Strenuous representations are being made by the Immigration Law Practitioners’ Association of which we are part and if you would like sight of these written views to making your own, please let us know.

If you would like to discuss any of the issues raised in this article, please contact Chetal Patel, a Solicitor in the Immigration department, on or 020 7551 7741.

Chetal  Patel photo

Chetal Patel

Senior Associate

+44(0)20 7551 7741

View full information about Chetal Patel

Posted on 16/06/2015 in Legal Updates

Back to Knowledge