Business immigration

Tier 2 sponsors: take action now to renew your visa allocation for 2012/2013

Earlier this month all UK sponsors should have received an email from UKBA about how to request a new allocation of unrestricted Tier 2 General and Tier 2 Intra-Company Transfer certificates of sponsorship (i.e. work permits) for the period 6 April 2012 to 5 April 2013.

It is important that those sponsors that will need to recruit non-European staff or to extend existing visas in that 12 month period request their allocation, as any unused 2011/2012 allocation will be forfeited on 5 April 2012. A UK sponsor should request an allocation if during the 12 months starting on 6 April 2012 the UK office will need to:

• Transfer any skilled staff from other global offices on Tier 2 Intra Company Transfer visas.
• Hire any non-European staff on Tier 2 General visas.
• Extend any existing Tier 2 or work permit visas.

Any allocation requested now cannot be used for Tier 2 General recruitment of non-EU workers that are currently outside the UK and that will receive a guaranteed UK salary package of under £150,000 per year. This recruitment will be caught by the UK's immigration cap (currently 20,700 visa per year, which is likely to change in April 2012), which means that the UK sponsor must make a specific application to the UK Border Agency for a "restricted" visa for each relevant individual hire. Sponsors that are found to have used their "unrestricted" allocation for this type of recruitment could face a downgrading or even cancellation of the licence.

The UK employer's Level 1 User can make the request for a new "unrestricted" allocation electronically through the online Sponsor Management System. The UK Border Agency emailed all sponsors on 6 January with instructions on how to do this, as set out below:

1. Log onto the Sponsorship Management System

2. Click on left hand tab called 'Edit Sponsor Profile'

3. Select tab called 'Request Renewal of Annual Allocation'

4. View table with all Tier categories available for Renewal of Annual Allocation

5. Select a Tier and click "Add a Request" button

6. Input number of required certificates and the reason for the request, once completed click save

7. Repeat as required for each Tier / category that is available to renew; once completed click submit

Once these actions are completed sponsors can track the progress of the request in the 'Edit Sponsor Profile' screen on the SMS. It is not necessary for sponsors to make an allocation request if there is no projected need for them - it is still possible for sponsors to request an allocation part way through the year if business needs change, although it may take slightly longer to process.

As always the UK's immigration rules are continually developing. You can see an update on other business immigration issues in the January edition of our electronic update, Law at Work.

For further information please contact Charlie Pring.

Lawyers Charlie Pring