Tier 2 Sponsors – renew your COS Allocation

We are reminding our clients that their current allocation of Certificates of Sponsorship (COS) is due to expire on the 5th April 2013 and action should be taken to request next year's allocation.

All Tier 2 General and Tier 2 Intra Company Transfer unrestricted COS allocations are subject to a fixed allocation period that runs from the 6th April to the 5th April the following year.

Clients with a Tier 2 General and/or Tier 2 ICT sponsor licence can request an allocation of unrestricted COS up to 3 months in advance of their allocation expiry date but the new allocation will only be available from the 6th April.

Please contact our offices for more information at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or to read more on Tier 2, please follow this link - http://www.bic-immigration.com/uk-immigration/item/10-tier-2-skilled-worker-permit

Further announcements on Tier 2

The UK Home Office has confirmed a number of immigration rule changes to Tier 2 of the points based system.

The annual limit on Tier 2 (General)

• The annual limit on the Tier 2 (General) will be renewed on 6 April 2012, and 6 April 2013 and will remain at its current level of 20,700 per year until April 2014.
• The annual limit be operated in the same was as before, and unused places will not be carried over to another year.

Minimum Skills Level

• The minimum skills level for Tier 2 migrants, including Intra Company transferees, will be raised from NQF 4 to NQF 6 from 14 June 2012. This will unfortunately result in some middle-management jobs no longer being available to migrant workers.
• There will be some exceptions to this rule for jobs on the Shortage Occupation List and some creative occupations.

Resident Labour Market Test

• From 14 June 2012 there will be some relaxations on the Resident Labour Test;
• Jobs paid more than £70k and specified PhD level will need to be advertised, but not in Jobcentre Plus.
• For vacancies in PhD-level occupations, sponsors may select the best candidate, regardless of whether they are a resident worker.

BIC strongly recommend that clients who would like to apply for Tier 2 (General) do so without any further delay, especially those who will not satisfy the new minimum skills level requirement that will come into effect on 14 June 2012.

Today, 5 April 2012, is the last date on which the UK Home Office will accept Tier 1 (Post-study work) applications. This route will closes to all new applications on 6 April 2012.

However, if you are not able to make this deadline, all is not lost!

The good news is that under new provisions introduced by the UK Home Office, graduates who would previously been eligible under the Post-study route, will now be able to switch into Tier 2 (General).

The Tier 2 (General) will be open to recent graduates with a Bachelor, Master, PhD, PGCE or PGDE from a UK recognised or listed body. Applicants must have a skilled job offer from a licensed sponsor and be paid at least £20,000 per annum or the minimum appropriate rate for the occupation. The employer will not be required to complete a resident labour market test (advertising the post) and the job will not be subject to the annual Tier 2 limit.

You will also be able to sponsor dependants.

Please contact our office for more information at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

BIC has become aware of a scam in which supposed Tier 2 employment are being offered to non-EEA applicants. One of our clients nearly fell in this trap had she not contacted us in time.

The scammers are not UK employers, and the employment being offered does not exist, neither does the UK employer.

The applicants are asked to pay the UK Home Office fees to the supposed UK employer, together with courier and other administrative fees. As soon as the monies are paid over, they are never heard of again.

Please be careful not to fall in their trap by following these caveats:

• Be wary if a job is being offered to you and no formal job interview took place.
• Be wary if you are asked to pay over any monies for UK Home Office fees. Application fees for entry clearance will not be paid by the employer, but by the applicant directly to the UK Home Office.
• In fact, be wary if you are asked to pay over any monies!
• Make sure the company offering the job is legit, by doing a background check on them. This can be done by asking around amongst UK friends or family, or at least doing an internet search.
• Never provide any personal details such as banking details.

If you are unsure or wary for any reason, rather contact Breytenbachs Immigration Consultants to check out the situation for you and advise you on the Tier 2 application procedure.

The rollover of Tier 2 sponsorship certificates is getting bigger every month, and according to the latest information from the UK Home Office there are 12,441 sponsorship certificates available for allocation in March 2012.  

In November 2010 the UK Government announced that it was introducing an annual limit on the number of Certificates of Sponsorship that could be issued for Tier 2 workers.

This came into effect on 6 April 2011 and only 20,700 certificates were made available under the new annual limit for the first year.   

The annual limit of 20,700 certificates of sponsorship (CoS) were divided in 12 monthly allocations. In April 2011, 4,200 certificate of sponsorship were made available and thereafter a monthly allocation of 1,500 places is being made available. Unused places are rolled over to the next month. 

Due to the roll-over system, this means that 12,441 certificates of sponsorship are available for allocation in March 2012.

For more information or to apply please contact Hannes Breytenbach at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The UK Home Office has announced in a Statement of Intent that skilled migrant workers coming to the UK under Tier 2 of the points-based system will no longer be able to settle in the UK based on the amount of time they have spent in the UK.

Workers on Tier 2 who want to apply for settlement will have to earn at least £35,000 or the going rate for their job, whichever is higher. However, migrants doing jobs which are on the shortage occupation list, scientists and researchers in PhD-level roles, will be exempt from the £35,000 threshold.

Permission to enter and remain in the UK on Tier 2 will also be capped at 6 years.

These rules will apply to anyone who entered or switched into Tier 2 of the Points-Based System under the rules in force from 6 April 2011 and who will thus be eligible to make a settlement application in this category from April 2016.

The new settlement pay threshold rules will NOT apply to persons who entered Tier 2 under the rules in force on 5 April 2011.

The new rules will be laid before Parliament on 15 March 2012 and come into force on 6 April 2012.

For more information please visit our www.bic-immigration.com  or email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The rollover of Tier 2 sponsorship certificates gets bigger every month, and according to the latest information from the UK Home Office there are 10,293 sponsorship certificates available for December.

In November 2010 the UK Government announced that it was introducing an annual limit on the number of Certificates of Sponsorship that could be issued for Tier 2 workers.

This came into effect on 6 April 2011 and only 20,700 certificates were made available under the new annual limit for the first year.   

The annual limit of 20,700 certificates of sponsorship (CoS) were divided in 12 monthly allocations. In April 2011, 4,200 certificate of sponsorship were made available and thereafter a monthly allocation of 1,500 places is being made available. Unused places are rolled over to the next month. 

The UK Border Agency operates the limit by not allowing any sponsor to issue a restricted CoS unless they first get permission using the monthly process. If the monthly allocation is over subscribed, the applications for certificates of sponsorship are ranked using a points system designed to favour jobs on the shortage occupation list, scientific researchers and higher salaries.  

All applications for restricted CoS must score a minimum of 32 points but applications are collate and prioritised, using the CoS allocation points table.  
 

Due to the roll-over system, this means that 10,293 certificates of sponsorship were available for allocation in December 2011. We can safely assume that due to the roll-over system there will once again be a substantial number of certificates available for January 2012.  

This is thus a golden opportunity for employers who would like to employ non-EU workers on the Tier 2 scheme!

If you are interested or would like to find out more about Tier 2 sponsorship, please contact Hannes Breytenbach at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The Tier 2 route of the points-based immigration system is available to skilled workers who are citizens of countries outside the European Economic Area (EEA) who fulfill certain skill requirements and are in possession of a job offer from a UK employer.

The advantage for companies wanting to employ workers via this route is that skills of new and existing staff members can be transferred to the UK.

How to qualify as Tier 2 employee

There are five categories of skilled workers under Tier 2:

Tier 2 (General)

For persons coming to the UK with a job offer that cannot be filled by a resident worker, as well as for applicants coming to the UK to fill an occupation shortage.

Tier 2 (Minister of Religion)

For persons coming to fill a vacancy as a Minister of Religion, Missionary or member of a religious order.

Tier 2 (Sportsperson)

For elite sportspersons and coaches whose employment will make a significant contribution to sport at the highest level.

Tier 2 Intra-Company Transfer

For employees of multi-national companies who are being transferred to a skilled job in a UK branch of the organisation.

An applicant wanting to come to work in the UK under Tier 2 will need to have obtained a Certificate of Sponsorship and show that they have at least 70 points to qualify under the criteria for this scheme. There are different criteria for the different types of Tier 2 applications.

The points will include points related to the Certificate of Sponsorship, which will be issued to them by the prospective UK employer to fill a qualifying job on the Graduate Occupations list. Two control tests are included as well, namely a maintenance requirement and an English language ability test.

Graduates switching into Tier 2

The Tier 2 (General) is also open to recent graduates with a Bachelor, Master, PhD, PGCE or PGDE from a UK recognised or listed body.

Applicants must have a skilled job offer from a licensed sponsor and be paid at least £20,000 per annum or the minimum appropriate rate for the occupation. The employer will not be required to complete a resident labour market test (advertising the post) and the job will not be subject to the annual Tier 2 limit.

How to qualify as Tier 2 employer

Under Tier 2 an employer first needs a sponsorship licence from the UK Border Agency in order to employ citizens from outside the European Economic Area who require Tier 2 permits. Licensed sponsors apply to the UK Government for a Certificate of Sponsorship to employ a foreign non-EEA citizen under certain specific circumstances. This Certificate of Sponsorship does not guarantee that entry clearance or Further Leave to remain, whichever is applicable, will be issued to the applicant. As a condition of keeping their sponsorship licence, employers will need to alert the UK Home Office if migrants do not comply with their immigration conditions (such as non-appearance). Failure to comply with this requirement could result in the sponsor losing its licence.

Employers will have to apply for a restricted Certificate of Sponsorship (CoS) for each specific post they want to bring someone to the UK for to fill a position which attracts a salary of less than ₤150 000 per annum. These positions are called 'restricted' jobs for which a 'restricted' CoS is required. Within Tier 2 (General), certain CoS required for certain circumstances will be exempt from the limit; these positions are called 'unrestricted' jobs.

Shortage Occupations and the Resident Labour Test

The UK Home Office is advised by the Migration Advisory Committee (MAC) as to which areas of the UK labour market are experiencing shortages. The occupations experiencing shortages of labour are compiled in the Shortage Occupation List. Where an applicant is applying for leave to fill a job from this list, they will not have to earn points for prospective earnings or qualifications.

The implication of an occupation not being on the Shortage Occupation List is that employers are required to advertise the position. Where the employer can demonstrate, after advertising it, that there is no suitably qualified resident or EU citizen candidate available to fill the vacancy a sponsorship certificate can be issued to the non-EU citizen. This is done to protect the domestic labour market.

Spouses and dependants

A Tier 2 permit holder can apply for their spouse, civil partner, unmarried partner and dependant children to join them in the UK.

The dependants will be granted the same period of leave as the main Tier 2 applicant and will be able to work without restriction in the UK.

Length of stay

For applicants who entered Tier 2 on or before 5 April 2011

Tier 2 work permits are granted for an initial period of 3 years and can be extended towards the end of the initial period for a further 2 years. Applicants will be able to apply for further periods of leave in this category.

For applicants who entered Tier 2 on or after 6 April 2011

Leave will be limited to a maximum of six years.

Tier 2 work permits are granted for an initial period of 3 years and can be extended towards the end of the initial period for a further 3 years.

Migrants who do not apply for or obtain settlement must leave the UK on expiry of their leave and wait 12 months before applying to return in Tier 2. This 'cooling off' period of 12-months will apply to any Tier 2 migrant who leaves the UK and applies for entry clearance on or after 6 April 2012, regardless of when their previous leave was granted.

Permanent Residence in the UK

For applicants who entered Tier 2 on or before 5 April 2011

At the end of a successful completion of a five-year period on a Tier 2 permit (excluding Tier 2 Intra-Company Transfers) a Tier 2 permit holder will qualify to apply for permanent residence.

For applicants who entered Tier 2 on or after 6 April 2011

At the end of a successful completion of a five-year period on a Tier 2 permit (excluding Tier 2 Intra-Company Transfers) a Tier 2 permit holder will qualify to apply for permanent residence, provided that the Tier 2 migrant are paid at least £35,000 per annum or the going rate for the relevant occupation, whichever is the higher.

Migrants doing jobs which are on the shortage occupation list will be exempted from the pay threshold rules, but still need to be paid the appropriate rate for their occupation.

"PhD-level' jobs and Ministers of Religion will be exempted from the pay threshold rule, but will have to be paid the appropriate rate for the occupation.