United Kingdom
The monthly quota for non-EEA nationals sponsored under the Tier 2 (General) Visa category has been exceeded for a fourth consecutive time. Applications submitted by September 5, 2015 for Restricted Certificates of Sponsorship (RCoS) where applicants were to be paid under £27,000 have been refused unless they are PhD-level jobs or an occupation on the recognized shortage occupation list.
Rejected RCoS applicants can reapply the following month if the advertising undertaken by their prospective employer is still valid.
Background
The Tier 2 (General) Visa quota affects foreign nationals applying for a visa from outside the United Kingdom who will earn less than a guaranteed amount of £155,300 per year or those who apply from within the United Kingdom and are switching from the Tier 4 Partner category. The current annual quota is 20,700 and a fixed number of spaces are available each month. The quota was introduced in 2011 and had not been exceeded until June 2015. The monthly cap has subsequently continued to be exceeded.
Tier 2 (General) Visa applications are processed in a priority order based on a points system: shortage occupations are awarded the most points, followed by PhD-level jobs and lastly points are awarded based on salary.
There is no right of appeal following refusal.
What This Means for Employers and Foreign Nationals
Fragomen will notify employers of rejected applications and will discuss strategic options such as whether the application can or should be refiled next month or whether other options exist.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
© 2015 Fragomen
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