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Tier 2 General interim certificate allocation specified in the Immigration Rules

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited Kingdom
Operative dateDecember 21, 2010
CategoryMigration policy
Affected groupSponsors seeking certificates of sponsorship for tier 2 general migrants during the specified interim period

Policy effect

From December 21, 2010, the Immigration Rules set a Tier 2 General interim limit of 10,832 Certificates of Sponsorship for the period through April 5, 2011 inclusive. Unused pre-December 21 sponsor allocations were withdrawn and replaced under the prescribed allocation calculation, with part of the total available through an Exceptional Consideration Process. The measure put the numerical limit and allocation framework into the Rules following the court finding that specifying the limit in guidance did not give the earlier policy legal effect.

Conditions and exceptions

Validated condition or limit: From December 21, 2010, the Immigration Rules set a Tier 2 General interim limit of 10,832 Certificates of Sponsorship for the period through April 5, 2011 inclusive.; The measure put the numerical limit and allocation framework into the Rules following the court finding that specifying the limit in guidance did not give the earlier policy legal effect.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… low)”. 16. In Appendix A, paragraph 63A delete “These limits will be specified in the Points Based System guidance”. 17. In Appendix A, insert: 63B. The Tier 2 Interim Limit is 10,832. 63C. The Tier 2 Interim Limit applies in the period from 21 December 2010 until 5 April 2011 (inclusive). 63D. The Tier 2 Interim Limit consists of: (i) The number of Certificates of Sponsorship to be assigned by the Secretary of State to a Sponsor in accordance with paragraph 63F below; and (ii) The number of Certificates of Sponsorship not assigned to Sponsors pursuant to paragraphs 63D(i) and 63F, but availab … le to be assigned under the Exceptional Consideration Process. 63E. All Certificates of Sponsorship that have been assigned by the Secretary of State to a Sponsor prior to 21 December 2010 and which have not been assigned by the Sponsor to a Tier 2 (General) Migrant prior to 21 December 2010 are withdrawn and the only Certificates of Sponsorship assigned to any Sponsor under the Tier 2 Interim Limit are the Certificates of Sponsorship assigned in accordance with the calculation in paragraph 63F. 63F. The number in paragraph 63D(i) is calculated as follows: (i) The number of Certificates of Spo … nsorship assigned by the Sponsor to a Tier 2 (General) Migrant between 19 July 2009 and 31 March 2010 is identified by the Secretary of State; (ii) Where the number in 63F(i) is 0, the Secretary of State shall assign 0 Certificates of Sponsorship to the Sponsor under the Tier 2 Interim Limit; (iii) Where the number in 63F(i) is 1, the Secretary of State shall assign to the Sponsor a number of Certificates of Sponsorship that is equal to 1 minus the number of Certificates of Sponsorship assigned by that Sponsor to Tier 2 General Migrants during the period 19 July 2010 to 20 December 2010; (iv) … Where the number in 63F(i) is between 2 and 5 (inclusive), the Secretary of State shall assign to the Sponsor a number of Certificates of Sponsorship that is the number in 63F(i) minus (a) 1; and (b) the number of Certificates of Sponsorship assigned by that Sponsor to Tier 2 General Migrants during the period 19 July 2010 to 20 December 2010; (v) Where the number in 63F(i) is 6 or more, the Secretary of State shall assign to the Sponsor a number of Certificates of Sponsorship that is the number in 63F(i) reduced by 15% and rounded down to the nearest whole number, minus the number of Certific … ates of Sponsorship assigned by that Sponsor to Tier 2 General Migrants during the period 19 July 2010 to 20 December 2010; (vi) Where a Sponsor was (a) assigned Certificates of Sponsorship before 19 July 2010, (b) the period for which those were assigned expires on or after 31 March 2011, and (c) the number in 63F(i) is greater than the number of Certificates of Sponsorship assigned to the Sponsor for the period concluding on or after 31 March 2011, the Secretary of State shall assign to the Sponsor the same number of Certificates of Sponsorship as were assigned to the Sponsor prior to 19 Jul … y 2010 minus any Certificates of Sponsorship assigned by that Sponsor to Tier 2 General Migrants during the period 19 July 2010 to 20 December 2010. 4 (vii) Where the Sponsor joined the Sponsor Register on or after 1 April 2010, the number in paragraph 63D(i) is 0. (viii) Where the calculation in paragraphs 63F(iii) to (vi) results in a negative number, the Secretary of State shall assign 0 Certificates of Sponsorship to the Sponsor under the Tier 2 Interim Limit. 63G. The total number of Certificates of Sponsorship available to be assigned to Sponsors further to paragraph 63D(i) is 9,803 as o … f 20 December 2010. 63H. The number in paragraph 63D(ii) is the result of subtracting from the Tier 2 Interim Limit the total number of Certificates of Sponsorship assigned to specific Sponsors by the process set out in paragraph 63F. 63I. The imposition of a limit as referred to in paragraph 63D(i) and in accordance with paragraph 63F, does not prevent the SSHD from assigning additional Certificates of Sponsorship to a specific Sponsor further to a successful application under the Exceptional Consideration Process. 63J. If a Sponsor returns to the Secretary of State Certificates of Sponsorshi … p which have been assigned to it in accordance with paragraph 63F or 63D(ii), the Secretary of State is entitled (but not required) to add such Certificates of Sponsorship to the number of Certificates of Sponsorship available for allocation under paragraph 63D(ii). 63K. The total number of Certificates of Sponsorship available to be assigned under the Exceptional Consideration Process is 1,029 as of 20 December 2010 to which will be added from time to time as may be appropriate the number of Certificates of Sponsorship returned to the Secretary of State in accordance with paragraph 63J. 5 Pub … ber 2010 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 22 December 2010. The changes set out in paragraphs 1, 16 and 17 of this Statement shall take effect on 21 December 2010. 1. In paragraph 6 insert: “Tier 2 Interim Limit” means: the number of Certificates of Sponsorship available to be assigned by the Secretary of State to Sponsors under the Tier 2 (General) Migrant route between 21 December 2010 and 5 April 2011. “Exceptional Consideration Process” means: the process for assigning additional Certificates of Sponsorsh …
UK Home Office, official Statement of ChangesHC 698 paragraphs 1, 16–17, Appendix A 63B–63J and memorandum 3.13–3.14Open official source
Retrieved from https://assets.publishing.service.gov.uk/media/5a7569c0e5274a467f7e4542/hc698.pdf

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record recovered-gb-tier2-interim-allocation-20101221. Something wrong? Flag this record.

Other United Kingdom changes operative in 2010