Permits2work

Interim Cap on UK Immigration

July 1st, 2010

From 19 July 2010 the UK Border Agency will be enforcing a limit on the number of applications being made under Tier 1 and Tier 2 of the Points Based System. The interim limit of 24,100 applications will apply from the above date to April 2011 when a more permanent cap is due to come into force. UKBA launched a consultation with a view to deciding the level of the permanent cap due to be applied from April 2011.

The interim limit is to be further divided into monthly limits. Once the monthly limit has been reached no further applications will be considered until the following month. Applications received will be held in a queue in order of the date of application, until the following month’s limit is opened.

The interim limits will apply to all new applicants under Tier 1 (General), except for the following:

1. Extension applications
2. In-country applications (i.e. applicants switching from another Immigration category to Tier 1 General)

New applications under Tier 1 (General) will also be subject to a minimum score of 100 under the points based system, raising the threshold by an additional 5 points. Extension applications will continue to be considered based on a qualifying score of 95 points.

The application of the limit to Tier 2 (General) will be implemented through a limit to the number of certificates of sponsorship that an employer can issue. Once an individual is issued with a certificate of sponsorship, they are deemed to be within the limits for the relevant period and their application under Tier 2 should be considered as normal.

The limit will not apply to extension applications under Tier 2 although it will apply to applicants switching from another immigration category in the UK into Tier 2 (General).

The delivery of such changes is likely to be fraught with impracticalities and logistical problems.  We are here to help employers as well as individual applicants through the changes in order to make the constantly changing processes as smooth as possible.

Individuals concerned about the changes should contact us as soon as possible for further guidance.