RELO NEWS
UK Visas & Immigration (UKVI) have advised that sponsors are now able to apply to renew their allocation of Certificates of Sponsorship (CoS) in Tier 2 (General) .
The present allocations will expire on 5th April 2017.
Some sponsors’ allocations will be "automatically renewed”, in which case nothing is required from the sponsor.
However, UKVI will contact other sponsors via email three months before 5th April 2017, and monthly thereafter, by way of reminder
Tier 2 visa applicants who are applying to work in certain occupations within the education, health and social care sectors on or after April 2017 will need to provide a criminal record certificate from any country in which they have lived for 12 months or more in the past 10 years as part of their entry clearance application. The requirement will also apply to their adult dependants. The new requirement may delay documentation gathering during the entry clearance process.
A number of important changes to the UK Immigration Rules came into effect on November 24, 2016.
These include the closure of the Tier 2 ICT Skills Transfer subcategory, changes to minimum salary levels in several categories, a new requirement for certain dependents to show continuous residence, and the abolishment of the 28-day grace period for in-country.
UK Visas & Immigration (UKVI) have launched a new priority service, which allows Tier 2 and Tier 5 A-rated sponsors to apply for four types of change of circumstances requests to be considered more quickly.
The four types are:
The service does not apply to restricted certificates of sponsorship.
Parliament is considering a law that would increase immigration fees for applications submitted on or after March 18, 2016 (April 6, 2016 for Isle of Man). The increase is meant to ensure that by 2020, the UK immigration system is self funded. A full list of the new fees can be found here.
The Home Office has published new Immigration Rules that will impose the following changes:
On or after April 6, 2016, the free Points-Based Calculator (PBC) tool – used by visa applicants whose university classes were conducted in English as the first step in proving their English language proficiency – will be replaced by a new online service provided by the UK National Recognition Information Centre (UK NARIC). Related documentation suggests the service will require a fee, but costs are not yet known.
On or after April 6, 2016, Australian and New Zealand nationals seeking to stay in the United Kingdom for more than six months or renewing their visa in country will be required to pay the immigration health surcharge as part of their visa application. In April 2015, the UK government introduced an Immigration Health Surcharge to all non-EEA nationals, which at the time exempted Australian and New Zealand nationals who were in the United Kingdom for a year or less.
Australian and New Zealand nationals will still not be charged for emergency treatment.
The Home Office presented a new law for approval by Parliament on January 11, 2016 that would raise visa fees over the next four years, in line with its goal to reduce taxpayer contributions toward the border, immigration and citizenship system and ensure the system is fully funded by foreign nationals who use it. Additionally, fee increases for some immigration services are expected to come into force in April 2016.
Sponsors of Tier 2, Tier 4 and Tier 5 migrants are now required to retain on file documents showing these workers’ skills, qualifications and experience for their roles, under recent Home Office amendments to the Immigration Rules. The new document retention requirements apply to any covered foreign worker who commenced work on or after November 19.
The Home Office is considering proposed changes to the Immigration Rules that would affect applications submitted on or after November 19, 2015, including a minimum salary of GPB 35,000 for Tier 2 applicants applying for Indefinite Leave to Remain (ILR), a new English language test for ILR and naturalization applicants and adding nurses and four digital technology jobs to the Tier 2 Shortage Occupation List.
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.
The Home Office has proposed increasing the number of salary bands in the points table used to assess whether a Tier 2 (General) Visa applicant can qualify under the monthly quota for Restricted Certificates of Sponsorship (RCoS). This proposal comes as a result of the monthly quota for non-EEA nationals being exceeded in June and July due to demand and the wide salary bandings impacting more applicants.
The new bands are expected to be available for applications submitted on or after September 6, 2015, and would be provisional until changes to the Immigration Rules have been approved by Parliament.
There would be no changes to the RCoS application process, and the prioritization given to shortage occupations and PhD-level occupations would not change.
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.
Other Related Changes
Under the existing rules, an RCoS must be assigned by the sponsoring employer within three months of the date of issue or it will expire. A proposed change would allow the Home Office to return unused places to the limit, which would increase the number of RCoS available. More information on this will be available in the Immigration Rules and the related Sponsor Guidance.
Lastly, following the introduction of the new salary bands table, the Home Office will need to make changes to its internal systems, which may cause application processing delays in November (applications can be made for this period on or after October 6, 2015). This will not affect the number of RCoS available in either the October or November allocations.
What This Means for Employers and Foreign Nationals
Although initial delays may occur in November, the new salary bands and the ability to utilize unused RCoS are positive developments. More applicants would be approved each month and a few more places may be available in the monthly quota.
