Permits2work

UK Employers – How the Immigration Cap Will Affect You

July 22nd, 2010

From 19^th July 2010 the UK Government has introduced a limit on the number of applications for skilled workers. This set of changes will affect new and existing companies, even if you have a sponsorship licence.

The interim limit restricts the number of certificates of sponsorship (CoS) that a company has available to them. This affects employers and individuals in two ways:

1] To reduce the number of CoS that have been allocated to the sponsor

2] To limit the number of migrants that can apply to come to the UK  through a monthly quota system

Although the quota does not apply to extension applications, the shortage of CoS certificates could, in some cases, prevent applications being made before the person’s visa expires. This CoS reduction does not apply to Tier 2 Intra Company Transfers.

The UK Government has pledged to reduce numbers of migrants by 5% during the interim period. However, many employers have found their existing CoS allocation dramatically reduced or reset to zero. The UK Border Agency has based these figures by comparing the exact number of CoS that a sponsor has assigned between 19^th July 2009 and 31^st March 2010.

This approach appears to be fundamentally flawed; by penalizing sponsors who did not need to make CoS applications in the last period and now find themselves in the position where they cannot extend an existing employees permission until this is resolved.

The UK Border Agency has written to sponsors advising that written applications to request an increase in CoS allocation will only be considered on an exceptional and case by case basis; and that the majority of requests will be unsuccessful.

In the event that UK Border Agency approves your request, this will be processed in the following order:

1] A Work Permit or Tier 2 (General) extension for an existing sponsor

2] A Work Permit or Tier 2 (Genera) extension for a new sponsor

3] A  shortage occupationfor an existing sponsor

4] A shortage occupation for a new sponsor

5] A non shortage occupation for an existing sponsor

6] A non shortage occupation for a new sponsor

If you have an existing member of staff who requires an extension you can only write to the UK Border Agency within 60 days before the persons visa expires. We can assist you in making this application to ensure that you receive expert help and advocacy.

In some cases the individual may qualify for another scheme or programme (such as Tier 1 General). We can assess these applications and advise you accordingly.

It seems both unfair and disproportionate to expect UK employers (who have already been audited and rated by the UK Border Agency) to have a further set of restrictions placed on them. Please contact us to discuss what options may be available.

The current situation is creating a great deal of uncertainty within the business community who are finding it increasingly difficult to plan their resources and rely on international staff to fill specialist and skilled positions within the organisation. Existing sponsors who are unhappy with their CoS allocation can email the UK Border Agency Limits@homeoffice.gsi.gov.uk

We encourage all employers to discuss their situation with us; to see what options are available to consider at this stage and to seek professional advice at an early stage.