From April 2011, the government will introduce an annual limit on applications for Tier 2 (General) of the points-based system.
On 21 December 2010, we announced an interim limit on the total number of certificates of sponsorship that sponsors can issue under Tier 2 (General) until 5 April 2011. The interim limit is 10,382 certificates, which includes certificates for both initial and extension applications. Any certificate that you assign to a prospective worker will be counted as 'used' and will be deducted from your allocation, even if it is assigned in error or is not used by the migrant to support an Tier 2 (General) application.
Applications under Tier 2 (Intra-company transfer), Tier 2 (Minister of religion) and Tier 2 (Sportsperson) are not included in the interim limit.
All allocations of certificates that have already been agreed with Tier 2 (General) sponsors will remain in place until 5 April 2011, regardless of the sponsor's current allocation renewal date. It is for sponsors to decide how to split their allocation between 'new' migrant workers and extension applicants.
The total number of 10,832 certificates includes those that have already been allocated to sponsors, but a small number have been set aside for exceptional circumstances. You can request additional certificates of sponsorship from this small reserved allocation if you are:
- an existing sponsor who requires additional certificates in exceptional circumstances during the period of the interim limit; or
- a new sponsor licensed during the period of the interim limit.
Requesting an initial or additional allocation of certificates
When we approve a new sponsor licence, we will initially give the sponsor a zero allocation of certificates. Existing sponsors may also have received a zero allocation for the current period.
If you require additional certificates during the period of the interim limit (regardless of whether your allocation was zero), you can make a request for exceptional consideration. However, there is no guarantee that your request will be granted.
You should only make a request if you want to assign a certificate to an existing or new migrant worker but you do not have enough (or any) available certificates.
For your request to be considered:
- you must be A-rated on all your sponsor licences for all tiers and categories when you submit the request; and
- the number of certificates requested must take into account any available certificates remaining in your existing allocation - if your interim allocation is not zero, you must explain how you have used or intend to use your existing certificate(s) when you make your request; and
- you must demonstrate that you have already undertaken a resident labour market test for any job that is not in a shortage occupation.
You must make your request using the Tier 2 (General) - request for initial or additional allocation of certificates of sponsorship form, explaining why you need the certificates. If you are a prospective sponsor, you should submit the completed form with your sponsor licence application supporting documents and submission sheet.
If you require a certificate for an existing worker's extension application, you should not make your request more than 60 days before their permission to stay is due to expire.
All requests from new and existing sponsors are considered in the same way, by a panel of UK Border Agency managers to ensure consistency of decision-making. The total number of certificates available for exceptional cases will be divided across each month of the interim limit period.
The panel meets on a monthly basis, normally on the 1st working day of the month. It considers all requests for exceptional consideration received on or before the 24th of the previous month. Requests from new sponsors are considered after the sponsor receives a decision on their application. (For example, if you apply for a sponsor licence on 19 December and your application is approved on 12 January, the February panel will consider your requiest for an initial allocation of certificates. If your licence application is the approved on 25 January, your request will be considered by the March panel.)
All requests for certificates for Tier 2 (General) extension applications will be approved. To qualify as an extension, the migrant worker must be currently employed by you and have permission to stay as a work permit holder or under Tier 2 (General). Other requests will be ranked according to criteria set out in the addendum to our Sponsor guidance for Tier 2 and Tier 5.
You will be told the panel's decision within 5 working days of the meeting. If your request has been successful, your account ofn the sponsorship management system will be updated. The panel's decision is final: there is no appeal or reconsideration process, but you can resubmit a request at any time.
Any certificate allocated to you following a request for exceptional consideration must be used for the role for which it was requested.
If you need an urgent decision before the next panel meeting, you should complete the form and submit as usual, clearly marking it as 'urgent'. You should also email limits@homeoffice.gsi.gov.uk to tell us that you are making an urgent request. There must be a compelling reason for requesting urgent treatment (for example, because you are a newly licensed sponsor with a migrant worker whose permission to stay is due to expire before the next panel meeting). These urgent requests will be decided by the deputy director for sponsorship or a nominated deputy.
Sponsors with a B rating
All new sponsors, including those with a B rating, will initially receive a zero allocation of certificates. If you are an existing sponsor who is downgraded to a B rating during the period of the interim limit, your allocation of certificates will also be set to zero.
Your allocation will remain zero until you demonstrate your commitment to make improvements by signing up to and paying the fee for a sponsorship action plan. When you have paid the fee, we will give you an allocation of certificates until 5 April 2011 - but this may still be a zero allocation. You cannot make a request for exceptional consideration while you are B-rated.
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