Tier 2 CoS and Immigration Cap

[lokster01]

Would appreciate if someone could answer my question. In short, is the immigration cap implemented by restricting the CoS? Or through some other method?

Long story: I am applying in-country to change my visa from student to Tier 2 (General). My employer has issued a CoS for me and is mostly handling the process. My concern is: does the immigration cap still pose a problem to my application? Or is the fact that a CoS has been issued imply that the cap is not a concern? I understand that there's probably a hundred other things that could go wrong with the application, but with respect to the cap alone, do I still need to be worried about my application being rejected because the monthly cap has been reached?

Thanks.

[geriatrix]

My concern is: does the immigration cap still pose a problem to my application?

No, the cap only applies to entry clearance applications (i.e. - applications submitted outside the UK).

[lokster01]

Oh. Great. I feel like an idiot.

Hang on, so that means if I had gone home for vacation a few weeks back and applied from there, I'd automatically face a bigger hurdle than applying from here. Strange...

[geriatrix]

Not strange ..

Cap applies to people outside the UK or in UK in an immigration category which doesn't allow change to Tier 2 category from within the UK. It does not apply to those already in the UK in an immigration category that allows change to Tier 2 category from within the UK.

Also, you cannot use an "unrestricted" CoS (assigned specifically for in-country / leave to remain application) to apply for entry clearance application. If you "choose" to apply from outside the UK, the employer will need to issue you a "restricted" CoS, which will be approved subject to conditions prescribed by UKBA to enforce and manage the immigration cap.

So, if you go home on vacation and apply for entry clearance using an "unrestricted" CoS, your application will be refused and UKBA may initiate disciplinary proceedings against your employer for assigning an unrestricted CoS for an entry clearance application.

Read the policy guidance for more details and explanation of terms used above.