For the first time since its introduction in 2011, the monthly quota for non-EEA nationals sponsored under the Tier 2 (General) Visa category has been exceeded. Applications submitted by June 5, 2015 for Restricted Certificates of Sponsorship (RCOS) where applicants were to be paid under £46,000 have been refused unless they are PhD-level jobs or an occupation on the recognized shortage occupation list. Applicants whose applications are refused will be able to reapply for a Restricted Certificate of Sponsorship next month provided the advertising undertaken by their prospective employer is still valid. There is no right of appeal following refusal.
Background
The Tier 2 (General) Visa quota affects foreign nationals applying for a visa from outside the UK who will earn less than a guaranteed amount of GBP 155,300 per year or those who apply from within the UK 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.
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.
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].
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