The Tier 2 cap forms part of the government’s point-based approach to controlling net migration. It relates to certificates of sponsorship which are applied for by UK employers looking to bring in non-EU skilled workers. These are limited to 20,700 certificates per year, broken down into monthly allocations. The quota system has existed since 2011 but, until December 2017, the monthly cap had only been reached on one occasion. Since then, applications have consistently exceeded the monthly limit, leading to stories in the media about doctors being unable to enter the country and work for the NHS because applications for Tier 2 (General) certificates of sponsorship have been unsuccessful.
Certificates are allocated based on priority criteria determined by UK Visas and Immigration. Applicants whose occupations are considered to be in notable shortage, as determined on a list prepared by UK Visas and Immigration, are issued the most points. Those requiring PhDs to do their jobs also receive extra points, likely to be enough to qualify in any given month. Remaining certificates are allocated based on the proposed income of applicants coming to the UK, without any additional consideration of what they will do. So, the higher the proposed salary the more points earned for the application. Applications for certificates of sponsorship for junior doctors not earning salaries high enough to earn the requisite points were unsuccessful and resulted in doctors being turned away — much to the dismay of NHS managers trying to fill vacancies.
In June 2018, Home Secretary Sajid Javid laid a statement of changes to the Immigration Rules to exempt doctors and nurses from the limit on visas for skilled non-EU workers. Sajid Javid and Jeremy Hunt, the Health Secretary, announced in a press release that “there will be no restriction on the numbers of doctors and nurses who can be employed through the Tier 2 visa route”. This exemption took effect on 6 July but it is important to note that the exemption may not be permanent. The explanatory memo to the statement of changes in immigration rules, presented to Parliament on 15 June 2018, states that “this is in response to the particular shortages and pressures facing the NHS at the current time… the changes will be kept under review”.
The NHS accounts for around 40% of all Tier 2 places, according to the Home Office. The department says that removing doctors from the quota will have the knock-on effect of freeing up places for other skilled non-EU workers, although it remains to be seen whether removing this source of demand will be enough to relieve the pressure on the system. The first monthly allocation meeting after the introduction of the exemption took place on 11 July 2018 and saw the successful proposed salary requirement drop from £60,000 to £41,000. Whether this will continue to relieve the pressure on the monthly allocation is yet to be seen.
