When is an RCoS used?
RCoS are used by the following applicants:
- New hires earning under £159,600 per year coming to work in the UK from overseas; and
- Dependants of migrants who were last granted leave under Tier 4, where their dependant is here already in the UK and wish to switch into Tier 2 (General) and will be paid less than £159,600 per year.
An RCoS request must be submitted by the 5th of each month, with the decision being communicated to the sponsor by the 11th of the same month.
What is the quota?
In 2011, the Home Office set an annual quota on the number of RCoS to be granted. The annual quota of 20,700 RCoS is divided into 12 monthly allocations.
RCoS are allocated by scoring a number of points which are awarded based on a variety of factors, including the salary and the type of job e.g. shortage application role or job which passes the Resident Labour Market Test (RLMT), the role’s nature, salary and hierarchy. The latest figures published by the Home Office confirm that RCoS applications were successful in January 2018 if they scored at least 46 points, (for example if the sponsor had conducted the RLMT and the salary was above £50,000 per year).
- Sponsors should be aware that if any RCoS applications were rejected this month, they can re-apply as part of the next panel consideration provided that the RLMT was conducted in the last 6 months (if applicable);
- RMLT may need to be placed again, if RCoS applications need to be resubmitted in consecutive months;
- Sponsors may consider increasing the salary for roles before submitting the RCoS applications, provided it is in line with the salary range initially advertised, (if applicable); and
- Sponsors should carefully reconsider the timing of the visa applications and the impact on potential start dates.
This information is necessarily of a general nature and doesn’t constitute legal advice. This is not a substitute for formal legal advice, given in the context of full information under an engagement with Bates Wells.
All content on this page is correct as of January 26, 2018.