The UK Border Agency (UKBA) are making changes to the codes of practice for skilled employers, which includes updating the list of skilled occupations to reflect the Standard Occupational Classification (SOC) 2010 system.
This transition means that we need to adjust the arrangements for restricted certificates of sponsorship (RCoS) in March, April and May 2013.
Granting a restricted certificates of sponsorship (RCoS) before 6 April 2013
If you are granting a restricted certificate of sponsorship (RCoS) before 6 April 2013, it must be assigned by 5 April 2013, or when the Standard Occupation classification (SOC) system is updated the ‘job type’ details will be lost. If this happens you will need to make a new application for a new restricted certificate of sponsorship.
Timing of the monthly allocation of restricted certificates of sponsorship
Because of these updates, the UKBA will also be making changes to the timings of the monthly allocation of restricted certificates of sponsorship (RCoS) for April and May 2013.
April allocation 2013
The UKBA will accept applications for the April allocation period from 6 April to the 17 April 2013. Decisions on these applications will be made on 19 April 2013.
May allocation 2013
The UKBA will accept applications for the May allocation period from 18 April to the 5 May 2013. Decisions on these applications will be made on 13 May 2013.
The changes are summarised in the time table below.
|Allocation period||Application dates||Original monthly allocation date||Revised monthly allocation date|
|6 March – 5April 2013||6 April – 17 April 2013||11 April 2013||19 April 2013|
|6 April – 5 May 2013||18 April – 5 May 2013||13 May 2013||13 May 2013|
|6 May – 5 June 2013||6 May – 5 June 2013||11 June 2013||11 June 2013|
Urgent restricted certificates of sponsorship
If you urgently need a restricted certificate of sponsorship between 6 March and 18 April, you must submit an application and request exceptional consideration. To do this you must email the reasons for exceptional consideration to Tier2Limits@homeoffice.gsi.gov.uk. The request for exceptional consideration must be made on the same day that you submit your application or your application may be rejected.
Examples of valid reasons for exceptional consideration include:
- where the UKBA have caused delays resulting in a newly licensed sponsor needing a CoS for a migrant who is due to start work before the next monthly allocation;
- a consultant surgeon has been recruited and needs to be appointed immediately because they have patients listed for life-saving surgery before the next monthly allocation.
Last week the UK Border Agency (UKBA) published a ’statement of intent’, to help employers prepare for changes to the points-based system.
The statement announces changes to the codes of practice for skilled migrant workers from outside the European Economic Area. These will come into effect on 6 April 2013 and will also affect the timing of the applications for restricted ‘certificates of sponsorship’ (CoS) in March and April. Source: UK Border Agency.
The Codes of Practice salary levels could affect a work permit holder’s chances of qualifying for indefinite leave to remain (ILR) or permanent residence in the UK.
Cynthia Barker said:
“After 5 years continuous work, work permit holders should be eligible to apply for Indefinite Leave to Remain, but many are being refused ILR because their employer has not played by the rules.
“When you apply for ILR, the UK Border Agency (UKBA) will dig into every aspect of your work history and conduct in the UK, looking for any excuse to deny you and your family the right to settle here.
“On 6 April 2011, the Government introduced a change to the settlement rules for work permit holders who came in prior to the points based system. You must be paid a certain salary in order to qualify for indefinite leave, as specified in the Tier 2 Codes of Practice.”
In one recent case, appeal specialist managed to overturn a refusal on appeal after the UKBA refused a Senior Care Worker ILR because her employer had not paid the correct salary and had used her to do domestic work.
In another case where a Filipina was refused for failing to declare a conviction, which she thought was just a fine for travelling on a train without the correct ticket. Immigration application forms ask specific questions about criminal convictions and civil judgments, such as County Court Judgments (CCJ’s), which can lead to a mandatory refusal. Others slip up because they have claimed benefits whilst on a work permit, which is not allowed.
If your application gets refused, consult a qualified immigration adviser to look at all your options. You may have to appeal against the refusal or use Article 8 ‘right to a family life’ human rights grounds, as a reapplication will contain the same information.
The good news is that the appeal tribunals have ruled against the Government. In a case involving a work permit holding care worker, the Judge allowed an appeal against a refusal and ordered the UKBA to grant her Indefinite Leave to Remain.
If you have been arrested or detained, need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 1, 2, Tier 4, applying for university if your college has closed, Spouse Visa, ILR/Settlement, Citizenship, Dependant Visa or an appeal against a refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email: