The annual immigration cap for sponsoring non-EEA skilled migrants under the Tier 2 (General) subcategory has been reached again this month despite Certificates of Sponsorship having been “rolled over” from June 2015 and 2,040 Certificates of Sponsorship being available for allocation this month.

This month, only applications scoring points of at least 45 points were successful, whereas last month applications scoring points of at least 50 points were successful. Applications that score 45 points are where a job:

• is not in one of the PhD level SOC Codes and the Resident Labour Market Test (the “RLMT”) is carried out (or the job is exempt from the RLMT) and has a salary of at least £32,000 per annum; or

• is at PhD level SOC Codes and the RLMT has been carried out (or the job is exempt from the RLMT).

Whilst there has been a five point reduction in points needed for successful applications, the cap being reached for the second month in a row will undoubtedly lead to unfilled job vacancies for many sponsors. Sponsors will face increased competition for Certificates of Sponsorship allocations in next month’s quota meeting on 11 August 2015.

It would be prudent for sponsors to carefully consider and plan the recruitment of non-EEA skilled workers as the recent trend of the cap being reached will continue.

Following the cap being reached last month, the Immigration Law Practitioners’ Association of which we are a part of, wrote to James Brokenshire MP (Minister for Immigration) to discuss how best to manage the implications of the cap having been hit for the affected businesses and are currently awaiting a reply.

If you would like to discuss any of the issues raised, please contact Chetal Patel an Associate in the Immigration department.

Chetal  Patel photo

Chetal Patel

Senior Associate

+44(0)20 7551 7741

View full information about Chetal Patel

Posted on 15/07/2015 in Legal Updates

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