Interim Caps – How To Challenge Your Zero Allocation

We have recently reported on the government's interim limits on non-EEA economic migration under the Tier 1 and Tier 2 of the points based system and we have also emphasised the importance of responding to the government's consultation document in our previous article.

We now report on how the interim measures have resulted in increased anxiety amongst sponsors and confusion as to their ability to continue to employ migrant workers in the UK once their leave expires. As a result many sponsors are finding themselves questioning their position in terms of employment legislation, especially in light of a reported case last year, Osbourne Clarke Services v Mr A Purohit. Sponsors should not terminate employment of a migrant worker on the basis of zero allocation without first seeking legal guidance.