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McGill & Co is a Scottish immigration law firm specialising in UK immigration, nationality and refugee law.

Restricted Certificate of Sponsorship allocation exceeded

15 June 2015 Immigration

For the first time (I think) the Home Office's allocation of Restricted Certificates of Sponsorship has been exceeded. This is the monthly limit of out-of-country Tier 2 certificates that are allowed to be issued. Each month there is an application process and normally everyone who meets the requirements and asks for a certificate will receive one. However for June 2015 the number of certificates available (1658) has been exceeded by the number of certificates sought. As is noted on the Sponsorship Management System:

"As you may be aware, the Tier 2 General limit for the June 2015 panel has been oversubscribed, which has resulted in applications scoring less than 50 points being refused. Please note, if you still require a RCoS you must submit your request again to be considered at the next panel. If your request is for the same SOC code/role but the salary has increased since your last application, you will need to provide evidence that a new Resident Labour Market Test (RLMT) has been undertaken. You should also note that if your RLMT has expired because the adverts are now more than six months old, you must undertake a new RLMT. Please forward the appropriate evidence to the following mailbox"

What this means in practice is that for jobs under PhD level, a salary of less than £46,000 will cause the restricted certificate application to be refused. It also means that even if the employer wants to now offer a higher salary, any Resident Labour Market test that has been completed for a lower salary will need to be repeated.


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