In early July 2018, Tier 2 sponsors may have seen a message pop up in SMS – the sponsor management platform, stating that nurses can now be assigned an Unrestricted Certificates of Sponsorship (CoS) in addition to a Restricted CoS.

This change would seem to be positive: Although nursing was already on the Shortage Occupation List (the SOL), they were still included in the monthly cap of Tier 2 CoSs that could be granted every month so CoS applications weren’t always guaranteed. Going forward there will be no such arbitrary limitation.

There is also another potential benefit to using Unrestricted CoSs in that once they have been granted to an employer, they “sit” on the sponsor account until the end of the financial year. In contrast, Restricted CoSs must be assigned within three months or they expire. In practical terms, this means that sponsors are not bound by the monthly submission cycle of the Restricted CoS, which means that instead of waiting for CoSs to be processed between 5th and 18th of the month, unrestricted certificates can be assigned to nurses as soon as they receive their NMC decision letter – ultimately meaning their arrival time in the UK can be speeded up.

However, despite the fact this change brings a number of welcome benefits with it, it also has the potential to be confusing – particularly because employers can currently use both Restricted CoSs and Unrestricted CoSs for a nurse. The change also means sponsors may need to plan further ahead to ensure they don’t have unwelcome delays. We have summarised some of the key points you should be aware of below so you can make sure you don’t get caught out:

Restricted Certificates of Sponsorship:

• Up until now all CoS requested for nurses were Restricted. Please note that moving forward all CoSs for nurses will eventually move to being Unrestricted CoSs. You can continue to apply for Restricted CoSs until April 2019 (date TBC by UKVI).
• In order to apply for a Restricted CoS you must have conducted the RLMT. You apply for a Restricted CoS before the 5th of the month. It will then be reviewed and granted between 11th and 18th of the month.
• Restricted CoSs last for 3 months and then they expire so you must assign it to a candidate within 90 days of receiving it. Once it has been assigned to the nurse, they must start their role within 90 days of the Restricted CoS being assigned.
• When you apply for a Restricted CoS you must be able to show evidence of the RLMT you have conducted. Important: In your RLMT you should specify the number of vacancies you have available to fill. If you only advertise 1 vacancy and then you apply for 10 Restricted CoSs you are unlikely to be granted them. If you are vague about the number of vacancies you have e.g. “We are seeking Registered General Nurses” then it is up to the discretion of the case worker how many Restricted CoSs they will assign you.
• Once you have received the Restricted CoS, you will assign it to a specific candidate in the SMS system which is a very quick process and when this has been generated it means the nurse can apply for their visa.

Unrestricted Certificates of Sponsorship:

• Nurse CoS have only just been put on the Unrestricted CoS list.
• It can take longer for an unrestricted CoS to be assigned (up to 18 weeks) so it is best to start this process early.
• Unrestricted CoS last longer and they will sit on your SMS system waiting to be assigned until the end of the financial year.
• When you apply for the Unrestricted CoS they ask you less about the RLMT. However in the text field you should still specify that you have conducted the RLMT.
• Where the RLMT comes important for an Unrestricted CoS is at the point that you assign the Unrestricted CoS to a candidate and they will ask you for evidence that you have conducted this test. Also if UKVI do an audit on your premises they will expect you to have this evidence available for them to see.

What does this mean for healthcare employers who are currently making offers to international nurses?

• You can continue to request Restricted CoS as normal. To avoid delays you should ensure you submit before 5th August to ensure it is processed correctly.
• If you are sponsoring a nurse on a current Tier 2 visa who is based in the UK and changing sponsors, they can only be assigned an Unrestricted CoS. However normal processing times for this type of CoS are up to 18 weeks so ideally you would have applied for some in advance and they would be “sitting” in your account ready for use. In some circumstances you will need to have a CoS sooner and in this case you can apply for a priority Unrestricted visa which will be processed within 5 days. There is an additional fee for this service of approximately £200. You can apply for this priority service on SMS and it will provide all the information you need. Please note that the office is only open Monday – Thursday and they have a maximum capacity of 50 cases per day for this service.
• Going forward it may be wise to do the following:
  • Apply for a batch of unrestricted CoS to cover any international nurses you currently have in your pipeline bearing in mind it will take up to 18 weeks to receive them.
  • Continue to run your RLMT adverts consistently. Keep evidence around applicants that applied and why they were unsuitable if you rejected them.
  • Be specific in the number of vacancies you advertise so that you can justify the number of CoS you are applying for/ assigning.

If you have any questions at all, please ring the UKVI sponsorship line directly on 03001234699 (option 3).

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