New Tier 2 Immigration System goes live tomorrow
The new points-based system goes live on 1 December 2020, in preparation of this the UK Home Office has announced transitional arrangementsfor assigning Tier 2 General and ICT certificates of sponsorship. Majority of employers will be affected by this; we have outlined below the arrangements which have been put in place.
Tier 2 (General) CoS
If a CoS has already been assigned to a worker
If you assigned a Tier 2 (General) CoS (restricted or unrestricted) to a worker before 1 December 2020 but it has not been used in an immigration application by that date, you can ‘upgrade’ the CoS to a Skilled Worker CoS, provided the CoS was assigned to the worker no more than 3 months ago. You can do this by adding a ‘Sponsor note’ to the CoS.
If you applied for a restricted CoS but the application has not been decided
If you applied for a Tier 2 (General) restricted CoS before 28 November 2020 but the application has not yet been decided, UKVI will decide the application on that date and notify you of the outcome. If your application is granted in the Tier 2 General (New hires – restricted) category, this will become a ‘defined CoS’ and you will be able to assign the CoS to a Skilled Worker on or after 1 December 2020.
If you were granted a restricted CoS but have not yet assigned it
If you were allocated a Tier 2 (General) restricted CoS before 1 December 2020 however you have not assigned it to a worker by that date, you can ‘upgrade’ the CoS to a Skilled Worker defined CoS and assign it to a worker, provided it was allocated to you no more than 3 months ago.
Tier 2 (ICT) CoS
If the CoS has already been assigned to a worker
If you assigned a Certificate of Sponsorship (CoS) to a worker before 1 December 2020 under the Tier 2 (Intra-Company Transfer) rules but the worker has not used that CoS to make an application for entry clearance or permission to stay by 1 December 2020, they will be unable to use that CoS under the new Intra-Company routes.
If the CoS has not expired
If the CoS has not expired (that is, it was issued no more than 3 months ago), you can ‘upgrade’ the CoS to an Intra-Company routes CoS so the worker can use it in a relevant immigration application on or after 1 December 2020. You can do this by adding a ‘sponsor note’ to the CoS you have assigned. The sponsor note must include certain information.
Should you require further information regarding the above, please get in touch with the UK Immigration professional you deal with at Hudson McKenzie via email at firstname.lastname@example.org or by telephone +44(0) 20 3318 5794.