New criteria for Tier 2 (General) sponsor requests for additional Certificates of Sponsorship

Home  >  News  >  New criteria for Tier 2 (General) sponsor requests for additional Certificates of Sponsorship


New criteria for Tier 2 (General) sponsor requests for additional Certificates of Sponsorship 01 Nov 2010

The UK Border Agency has today announced refined criteria for sponsor requests for additional Certificates of Sponsorship.

Due to the introduction of the new criteria, the panel who consider requests for additional certificates of sponsorship will now meet on 12th November 2010, as opposed to today. Decisions will be made by the 19th November. If you have an outstanding request you have until 12th November to provide additional information. The panel will meet thereafter, as before, on the first working day of each month. Requests should be received on or before 24th of each month to be considered on the first working day of each month by the panel.

What are the new criteria?

  • All requests for an extension of leave for a Work Permit holder or Tier 2 (General) worker already employed by a sponsor will be approved.
  • Requests for additional Certificates for new hires will be split into Shortage and Non-Shortage occupations.
  • After all the extension applications have been granted, applications for new hires in shortage occupations will be ranked as follows:
    • A Salary is at or above £40,000
    • B Salary is between £36,000 and £39,999.99
    • C Salary is between £32,000 and £35,999.99
    • D Salary is between £28,000 and £31,999.99
    • E Salary is between £24,000 and £27,999.99
    • F Salary is between £20,000 and £23,999.99
    • G Salary is under £20,00
      Certificates of Sponsorship will be allocated to those in the highest rank (A), first.
  • After all extension and new hire shortage occupations have been granted, applications for new hires in non-shortage occupations will be ranked as above, as follows:
    • A Salary is at or above £40,000
    • B Salary is between £36,000 and £39,999.99
    • C Salary is between £32,000 and £35,999.99
    • D Salary is between £28,000 and £31,999.99
    • E Salary is between £24,000 and £27,999.99
    • F Salary is between £20,000 and £23,999.99
  • Evidence that the resident labour market test has been conducted must be provided with all applications for new non-shortage occupation hires.
  • Urgent cases will continue to be considered outside the monthly panel but there must be compelling reasons.

What should employers do?

  • Provide additional information on any outstanding requests, if necessary;
  • Lodge an urgent, out of panel request for anyone whose leave expires before 19 November;
  • Re-submit any previous unsuccessful request(s) to the next panel; and
  • Submit an exceptional out of panel request if there are compelling business reasons, such as the hire of a senior employee, or if your employee's leave is about to expire.

Please bear in mind that the limit does not include Tier 2 (Intra-Company Transfer) migrants or Tier 2 dependants.

What is the position for Tier 1 (Post Study Work) Migrants?

The new guidance implies that the resident market labour test needs to be satisfied in order to make an application for an additional certificate.