UKVI has published information to confirm that a total of 1,527 Restricted Certificates of Sponsorship (RCoS) were allocated in December and hence the RCoS allocation limit was reached. To be successful, a minimum of 55 points were required.
This is a fairly substantial jump from the usual minimum points requirement of 21 and meant that many requests, which would normally be approved, were rejected. In order to score 55 points, those whose role required the completion of a Resident Labour Market Test would be required to earn a salary of at least £55,000 rather than the usual £20,800 required for 21 points.
There are currently 1,409 RCoS available to be allocated in January 2018. Whilst this number could increase if any unused RCoS are reclaimed, it is unlikely in our experience to increase dramatically. With many applicants whose applications were rejected because the RCoS allocation limit was reached resubmitting this month, it is expected that the demand for RCoS will again be high and businesses should be prepared for the potential delay to a migrant’s start date if the RCoS is not granted.
As the Home Office do not charge for an RCoS application, there is no harm in submitting a lower point scoring application in order to be decided in the Home Office’s RCoS allocation meeting, due to be held on 11 January 2018. Businesses should however be aware, particularly when offering a lower salary, that there is the potential for the application to be rejected if the RCoS allocation limit is reached again, even where all requirements are otherwise met.
We provide legal advice and assistance to organisations that hold, or require, a sponsor licence and to individuals and their family members. If you require legal advice regarding Tier 2 sponsorship, please contact us.
