Tier 2 Certificate of Sponsorship (CoS) allocation exceeded for record-breaking 5 month in a row

We published an article in February 2018 which explained that the UK had reached the Tier 2 Visa cap for skilled workers for third consecutive month. The demand for the Tier 2 work visa has continued to increase which has now meant the Tier 2 CoS allocation has now been exceeded for 5 months. Consequently, doctors, engineers and other highly-skilled workers are being refused their Tier 2 visas which could pose a serious problem for UK business and economy.

What is the Tier 2 CoS allocation?

The cap of 20,700 Tier 2 CoS which are available to UK employers every year was introduced in 2011. This target is usually approved monthly to spread out supply over the year and reduce the number of immigrants coming into the UK as part of a government crackdown on immigration and hostile environment policy. For the 5th consecutive month in a row, the maximum allocation for Tier 2 CoS has been reached. This is due to the high demand for non-EU skilled workers in the UK and the government’s reluctance to increase the number of allocations in order to cope with the demand.

Figures show that during this period, there have been an estimated 6,080 refusals, 1,518 related to doctor posts and 361 to other healthcare professional roles, 1,226 to jobs in IT and technology, 392 engineering roles, 197 teachers, 1,814 professional services and 572 to other professions.

What is the impact of the Tier 2 CoS allocation?

Unfortunately for UK businesses and sectors where there continues to be an occupation shortage, it does not appear that the Home Office is willing to loosen its stringent Tier 2 requirements and increase the number of CoS allocations. The Commons Science and Technology Committee (CSTC) have called for exemptions from the Tier 2 cap and have been backed by a number of professional bodies.

The council chair British Medical Association, Mr Chaand Nagpaul, said:

“At a time when the NHS is under enormous strain and struggling to fill positions, the current visa restrictions and arbitrary caps for non-EU workers entering the UK are inexplicable and threatening patient care and safety”.

In response, a Home Office spokesperson gave the standard excuse that:

 “The Government fully recognises the contribution that international professionals make to the UK. However, it is important that our immigration system works in the national interest, ensuring that employers look first to the UK resident labour market before recruiting from overseas”.

There have been countless reports in the media about qualified people being deported or refused a Tier 2 work visa because of this issue. If you need assistance with preparing and submitting a Tier 2 visa application or are having problems with the Home Office, then contact our specialist immigration team in order to arrange a consultation.

Using Legal Representation to apply for a Tier 2 Visa

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make Tier 2 visa application.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successful Tier 2 Visa Applications

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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