September 17, 2019

September 17, 2019

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September 16, 2019

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Monthly Quota for Restricted Certificates of Sponsorship Reached for Second Time

The monthly allocation for December 2017 and January 2018 has been exceeded, but those whose applications were turned down can reapply.

Tier 2 of the Points Based System allows UK companies to sponsor non-European Economic Area (EEA) nationals to work in skilled roles in the United Kingdom. Where the salary on offer in the United Kingdom is less than £159,600 (approximately equivalent to $222,763), the UK company must apply to the Home Office for a restricted certificate of sponsorship (rCoS) to assign to an individual.

There is an annual quota of 20,700 rCoS’ which is subdivided into monthly allocations. rCoS’ can be requested before the fifth day of the month and the outcome is usually confirmed on the 11th day of the month. Points are awarded to requests and shortage occupations are awarded the most points, followed by Ph.D.-level jobs. Points are then awarded based on salary, with the highest-paying roles scoring the most points.

The monthly allocation has been exceeded in December 2017 and January 2018. Applications submitted by 5 January 2018 where applicants were to be paid under £50,000 (approximately equivalent to $69,788) were refused unless they were Ph.D.-level jobs, a role listed on the recognised Shortage Occupation List, or were prioritised for other reasons.

Applicants whose applications were refused will be able to reapply for an rCoS next month provided the advertising undertaken by their prospective employer is still valid. There is no right of appeal following refusal and it is likely that the quota may be exceeded again next month owing to the number of resubmitted requests.

Copyright © 2019 by Morgan, Lewis & Bockius LLP. All Rights Reserved.

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About this Author

Nicholas Hobson, Immigration attorney, Morgan Lewis
Legal Consultant

As a senior member of the firm’s immigration and global mobility team, Nicholas Hobson counsels employers on global immigration matters, including UK immigration law and preparations for Brexit. Nick advises clients on immigration strategy and compliance, prevention of illegal employment, sponsor license applications, and the full range of immigration permissions. Nick also helps lead applicants and their dependents prepare applications for entry clearance (visas), further leave to remain, settlement/permanent residence, and nationality. Nick is admitted as a solicitor...

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Jennifer Connolly, Immigration attorney, Morgan Lewis
Associate

Jennifer Connolly is a member of the firm’s immigration and global mobility team. Jennifer advises businesses of all sizes from a variety of sectors on the full range of UK immigration permissions as well as global immigration matters for the EMEA region. This includes prevention of illegal working, Tier 2 of the points-based system, sponsor license applications, business visitors, preparations for Brexit and other UK employment-related immigration categories.

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