UK Immigration Cap to be introduced on Monday 19 July 2010 - Tier 1 Visas and Tier 2 Visas Affected

This is a reminder to everyone that the UK immigration cap that will affect Tier 1 visas and Tier 2 visas will come into effect next Monday. The interim cap will be introduced on 19 July 2010 ahead of the long term cap to be introduced in April 2011. There is hardly any time left to submit your application if you wish to come under the current immigration rules. You will see further details of the interim cap below:

Tier 2 Visas Interim Cap Details:

• The interim limit from 19 July 2010 will only apply to the number of certificates of sponsorship that an employer can issue. In other respects the requirements for Tier 2 Visas will remain the same. You may be able to apply for additional certificates of sponsorship. However, it will not be easy to obtain additional certificates of sponsorship.


• There will be a separate allocation of certificates of sponsorship available only for new sponsor licence holders. This is to try and make sure that there will be Tier 2 visas available for new sponsor licence holders.


• There has been enormous pressure on the UK Coalition Government from businesses to make sure that the new immigration cap does not affect the ability to take on essential overseas staff. Therefore the Intra-Company transfer Tier 2 visas which is for companies to transfer specialist level and management level overseas staff to the UK will not be included in the immigration cap.


• The Sportsperson and Minister of religion Tier 2 visas will also not be included in the immigration cap. There had been concerns that if there was an immigration cap on professional footballers it might result in top football clubs being unable to take on top footballers from abroad.


• If you wish to switch into a Tier 2 visa from another visa category you will be included in the new immigration cap.


• As long as you have a certificate of sponsorship you will be able to apply for a Tier 2 visa.

Tier 1 Visas Interim Cap Details:

Full details can be found in our previous news report. Briefly the following changes will occur from Monday 19 July 2010:

• You will in many cases have to come under a higher passmark of 100 points instead of the current 95 points under the Tier 1 visa (General) category from 19 July 2010.


• If you apply for a Tier 1 visa there will be a monthly interim from 19 July 2010. If you apply for a Tier 1 visa when there are no Tier 1 visas left you will have to wait until the following month to be considered under a new visa allocation.

There will overall be a five percent reduction in the number of workers allowed entry to the UK with 24,100 visas to be issued from 19 May 2010 to April 2011. There has already been a surge in visa applications being made before the 19 July 2010 immigration limit. It remains to be seen what will happen after 19 May 2010.