Tier specific duties under Tier 2 (General) and Tier 2 (IntraCompany Transfer)

Some Tier 2 (General) migrants are subject to an annual limit. You must apply for a ‘restricted certificate of sponsorship (CoS)’ if you wish to sponsor them. Migrants who are not subject to the annual limit can be sponsored using an ‘unrestricted CoS’. You must also understand the different requirements for assigning a restricted or unrestricted CoS.

You must not assign:

  •  a restricted CoS to a migrant for any job other than the one you described in your application for that restricted CoS
  •  a restricted CoS where an unrestricted CoS is needed
  •  an unrestricted CoS where a restricted CoS is needed

When you assign a CoS under Tier 2 (General) you guarantee one of the following:

  • You carried out a genuine resident labour market test in accordance with the rules in force at the time
  •  the job is exempt from the resident labour market test
  •  the job appeared in a UK-wide shortage occupation listed in Appendix K of the Immigration Rules, on the date that you assigned the CoS
  •  if the job is in Scotland, the job appeared in a shortage occupation listed for Scotland in Appendix K of the Immigration Rules, on the date that you assigned the CoS
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You also guarantee all of the following:

  •  where it was a requirement to carry out a resident labour market test, the migrant will be paid in line with the rate you stated when you advertised the job
  •  the migrant will be paid at or above the appropriate rate including specific permitted allowances for that job
  •  the job is a genuine vacancy, see complying with the law and genuine vacancy