Employers wishing to sponsor non-EEA nationals under the Tier 2 (General) route will be aware of the need to apply for a restricted Certificates of Sponsorship (CoS) when seeking to employ individuals with a salary below £159,600.
Restricted CoS are subject to an annual cap of 20,700. The limit runs from 6 April each year to 5 April the following year and is divided into 12 monthly allocations. Each month the allocation varies in line with any restricted CoS which have been unallocated, returned or reclaimed during the previous month. If the monthly limit is reached, the Home Office allocates specific points to each application. This is largely dependent on the salary offered to the non-EEA migrant.
On 27 July 2018 the Home Office published data in respect of applications for restricted CoS made during the previous month. It has emerged that in the previous allocation the Home Office only accepted applications where the minimum salary for the vacancy was £41,000. This was a considerable reduction from the previous months where the minimum salary threshold was £60,000 (June 2018), £55,000 (May 2018) and £50,000 (April 2018).
Please note that this may change next month as there may be less demand for CoS then and/or there may be unallocated, returned or reclaimed restricted CoS this month. If this happens, the minimum salary threshold will be reduced and hopefully brought in line with the salary requirements as set out in the SOC codes.
Sponsors are therefore urged to consider applying for restricted CoS urgently whilst the minimum salary threshold remains relatively low.
For further details please contact our immigration team.
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