3 October 2019 update on our article below: The Home Office has now confirmed that RCOS applications submitted for the October panel will be decided in accordance with the new Immigration Rules that come into force on 6 October 2019.
The latest Statement of Changes to the Immigration Rules confirmed that a number of new roles are being added to the Shortage Occupation List effective from 6 October 2019, as we covered here.
The Home Office has written to us today stating that:
‘The Restricted CoS team have confirmed that applications made before 6th October (i.e. every application for the October panel) will be subject to the current Immigration Rules, including the Shortage Occupation List. The November panel would be subject to the new Rules.’
If the Home Office’s position was correct, this would mean that sponsors submitting an application for a Restricted Certificate of Sponsorship (RCOS) for the October panel would do so under the Rules that are currently in place including, where required, complying with the Resident Labour Market Test.
Where a RCOS is needed, the more relaxed rules for the newly added Shortage Occupation List roles would only be of benefit from the November panel.
We are in communication with the Home Office about the above as we believe that the information they have provided may not be in accordance with the Immigration Rules. We will provide an update as soon as we have further information.
Sponsors needing legal advice on the new Rules or any other aspects of sponsorship can contact us here.