Planning for the UK immigration cap on non-EU workers

The UK Government has brought in a limit of 21,700 on the number of skilled workers entering the UK for the year 6 April 2011 to 5 April 2012 under the Tier 2 (General) and Tier 1 (Exceptional Talent) routes. 

What are the practical issues to consider?

There’s a monthly limit of 1500 Tier 2 (General) Certificates of Sponsorship (CoS) available for the year to April 2012. These CoS are known as ‘restricted’. 

Who will this affect?

• The cap comprises 20,700 places under the Tier 2 (General) route and 1,000 under the new Tier 1 ‘Exceptional Talent’ route.
• The cap excludes intra-company transfers, new hires earning over £150,000 and in-country extensions, change of employment and switching applications.
• Your businesses will be competing for the allocation if you want to employ non-European Economic Union (EEA) migrants.

Other important changes to the immigration rules:  

• Anyone entering the UK under Tier 2 (General) or Tier 2 (Intra-company Transfer) must undertake a graduate level role.
• Intra-company transferees earning between £24,000 and £40,000 can come to the UK for up to 12 months. Those with salaries over £40,000 can come for up to five years.
• Tier 1 (General) has been abolished for all new applications. Tier 1 (Entrepreneur) and Tier 1 (Investor) routes have been revised to make them more attractive to high net worth individuals who want to do business and invest in the UK. Notably, they’ll be able to apply for settlement after two or three years instead of five, depending on the level of investment.
• Tougher rules have been put in place for sponsors and students under Tier 4. The Tier 1 post study work route will close in April 2012.
• The Government confirmed that it wishes to end the link between temporary and permanent migration. Further consultation will take place on settlement in the coming months.  

How can we help?

The implications of these changes are significant if your business relies on sourcing staff from overseas. We can help by providing strategic advice to your business, assisting you in applying under the quota and asessing alternative routes including Tier 1.

If you’d like to talk to us about the implications of these changes on your business, then please contact Julia Onslow-Cole or James Perrott on the numbers shown on this page.