Tier 2 sponsors should therefore check to ascertain if, when their Tier 2 CoS annual allocation expires, they are likely to need to issue unrestricted CoS for the year 6 April 2018 to 5 April 2019. If so they should apply using the Sponsor Management System for a new allocation.
Sponsors only need to apply for a new unrestricted Tier 2 CoS annual allocation if they believe that they may need to issue unrestricted CoS during next year’s cycle to:
- any current Tier 2 sponsored employees to enable them to extend their permission to remain in the UK;
- new hires who will earn more than the higher rate salary threshold (currently £159,600);
- new hires who are already in the UK in a category that will allow them to switch in to Tier 2 (for instance, students who hold Tier 4 leave or employees who are sponsored by other companies);
- employees who will transfer under the ICT category (if the sponsor licence also includes Tier 2 (ICT)).
Requests for a new Tier 2 CoS annual allocation should include justification for the number of CoS required.
Sponsors can also request additional certificates throughout the year should the need arise.
At this stage, we do not believe that Tier 2 sponsors will need to include EEA citizens and family members who may be working for them in their Tier 2 CoS annual allocation calculations. It is currently expected that the UK Government will, in March 2019 when the UK is expected to leave the EU, have in place a new regime or will have agreed with the EU that EEA citizens and their family members may continue to exercise free movement rights during the transitional period. Our Brexit Analysis contains information on the latest position.
If you need advice or assistance in managing your Tier 2 CoS annual allocation request, please contact one of our experts.