Certificates of sponsorship allowance.
We wish to remind all sponsors that the allocation of certificates of sponsorship (CoS) is not automatically renewed.
And must be requested annually through the sponsor management system (SMS) within a year from the previous allocation.
Licensed sponsors who registered with multiple tiers and categories of the points-based system and obtained registration.
At different times can choose to align their expiry dates to make the management of the renewal process easier.
Sponsors, who will fail to renew their request, will not be able to issue certificates of sponsorship until their new certificates allowance is approved by the UK Border Agency.
Identity Cards and Biometrics for Foreign Nationals under Tier 2 scheme
As part of the 3 years plan the UK Border Agency is introducing Identity Cards (ID) for foreign nationals.
From outside the European Economic Area (EEA) and their dependents who are coming to the UK for more than 6 months or are extending their stay.
The roll-out of the identity cards for those in Tier 1 Highly Skilled Workers and Tier 5.
Temporary Workers’ categories of the points-based system have also been brought forward from 2011 to 2010.
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Changes to the Resident Labour Market Test
Until 14 December 2009, an organization sponsoring a foreign worker under the Tier 2
Work Permit category had to conduct 2 weeks resident labor market test.
One week for jobs with a salary exceeding the amount of £40,000, before being able to fill a vacancy with an overseas worker.
However, the advertising campaign does not have to run continuously for 4 weeks period.
Skilled chefs remain on the list, however, there are plans for extensive training to be offered to the UK workforce in this field.
Thus, it is likely that this occupation will be removed from the list.
Some of the engineering, construction, and ship and hovercraft officers’ jobs have now been removed from the list in line with changing economic circumstances.
Clarifications on Takeovers and Mergers
The existing sponsor must notify the UKBA within 28 days of the takeover, using the sponsorship management system (SMS).
And deport migrants who are not transferring to the new sponsor
– these migrants’ permission to stay and work in the UK might be curtailed.
The new organization must apply for a sponsor license unless it does already have one, within 28 days of the change.
Regulations 2006 (TUPE).
Intra Company Transfers – further clarification on the definition of the term ‘directly replacing’
The Guidance for Sponsor applications – Tier 2, Tier 4, and Tier 5 of the Points Based System – Paragraph 171 states:
“Migrants entering the United Kingdom under Tier 2 Intra-Company Transfer must not be ‘directly replacing’ a settled worker and with the intention of Tier 2.”