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IMPACT – HIGH
What is the change? The Home Office will update its salary rates for Tier 2 skilled workers on April 6 – a change that will also impact upcoming application periods and allocation dates for Restricted Certificate of Sponsorship (RCoS) in the next two months.
What does the change mean? After April 5, companies must meet the higher salary rates for RCoS applications. Therefore, the Home Office has changed the RCoS application periods in April and May, and delayed the allocation date in April.
Background: The new salary rates, to be released on April 6, put pressure on companies to assign RCoS before that date. Companies that do not assign by that date will be bound by the higher salaries.
The new salary schedule will also impact upcoming application and allocation dates. The Home Office will only accept applications for April RCoS allocations between April 6 and April 16 (instead of March 6 to April 5). Decisions will be made on those applications on April 18 (one week later than normal). The Home Office will accept applications for May RCoS allocations from April 17 to May 5 (instead of April 6 to May 5), but will decide those applications on May 12 in line with the normal schedule. Please note that the Home Office will still accept urgent requests between March 6 and April 16 via email. A company making an urgent request must submit both the application and its reasons for exceptional consideration on the same day to Tier2Limits@homeoffice.gsi.gov.uk.
On April 6, in addition to salary increases, the Home Office will also replace several current Standard Occupation Classification (SOC) codes with more options that cover different job titles within those occupations. The occupations are: Electrical engineers, medical practitioners, pharmacists, health professionals not elsewhere classified, nurses and social workers. However, RCoS applications made before April 6 based on current SOC codes can be assigned after that date.
BAL Analysis: We strongly advise that any RCoS applications granted on Jan. 11, Feb. 11, or due to be granted on March 11, are assigned immediately, and no later than April 5. After that date, sponsors must make sure salaries meet the new higher salary rates before they will be able to assign them. Businesses and recruiters should be prepared for a delay in securing RCoS to support Tier 2 applications in April, as employers cannot apply until April 6 and will not receive a decision until April 18. Thereafter, the Home Office should return to its normal cycle of RCoS applications by the 5th of every month and approvals by the 11th of every month.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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