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A Certificate of Sponsorship (‘CoS’) is an electronic certificate which must be assigned to each migrant worker who wishes to apply under a relevant worker route. Applicants under the Skilled Worker route cannot make their visa/permission to stay application without a Certificate of Sponsorship as the unique reference number must be inputted on the application form.
The CoS is a self-certifying document that a sponsor licence holder issues to a sponsored work visa applicant.
The Certificate of Sponsorship is an electronic record with a unique reference number, rather than a physical document.
It is a mandatory pre-requisite for visa applications in the Worker and Temporary Worker categories, for example, Skilled Worker, Senior or Specialist Worker and Scale Up Worker.
By assigning a CoS to an individual, the sponsor is confirming to the Home Office that the proposed employment conditions comply with the requirements of the relevant visa route.
A number of strict rules apply with regard to issuing the CoS. For example, the CoS must be used by the worker to make their visa applicant within 3 months of being issued. The worker cannot, however, apply for their visa more than 3 months before the start date of the job listed on the CoS.
Following changes to the Immigration Rules in December 2020, there are now two types of Certificate of Sponsorship – ‘defined’ and ‘undefined’ certificates of sponsorship.
Defined certificates of sponsorship (formerly ‘restricted certificates’) are issued to Skilled Worker visa applicants applying from overseas. For this type of certificate, employers apply through the Sponsorship Management System (SMS) when they have gained their sponsor licence.
The defined CoS will appear in the SMS account once approved, at which point the employer can assign it to the worker.
Undefined CoS (previously known as ‘unrestricted certificates’) are required to employ Skilled Worker visa applicants already in the UK and applicants for other visa categories.
When you apply for the sponsor licence, you will have to submit an estimate of how many undefined certificates you will need in the first year. If you use your full allocation with 12 months, you can apply via SMS for additional certificates.
In order to allocate a Certificate of Sponsorship, your organisation must hold a valid sponsor licence and have access to the Sponsor Management System (SMS).
The sponsor’s nominated Level 1 or Level 2 user should submit the relevant information about the role into the SMS and a unique reference number (the CoS) will be issued.
Applications for a defined certificate are generally approved within one working day but can take longer if the UKVI need to check further information contained within the application.
Defined certificates will appear in the SMS account once they have been approved, which you can then assign to your worker.
The worker then uses the Certificate of Sponsorship to apply for their visa within three months.
Certificates of Sponsorship are not transferrable. Reassigning the CoS to another individual would be considered a breach of your sponsorship licence duties, exposing the organisation to Home Office enforcement action.
The Annual CoS allocation (CoS Year) runs 12 months from the date your sponsor licence was granted, or 12 months from the last renewal application was granted.
When making the licence application, you will need to estimate and request the number of undefined CoS you expect to use for the coming 12 months. This number will need to be justified and you may need to provide additional information to support your request.
If approved, the Home Office will allocate the CoS to your SMS, and these should be used within the 12-month period. It is possible to request additional CoS if you use all of the allocations.
Approval for a defined CoS generally takes around one working day, although it can be longer if the Home Office requires further clarification of information provided.
Your organisation must have the right type of sponsor licence in place to hire a sponsored worker and assign the relevant Certificate of Sponsorship.
There are two types of sponsorship licence which largely depend on whether the workers you need to fill your vacancy are:
You can apply for one or both licences.
To obtain a sponsorship licence, you must show you are a genuine organisation operating lawfully within the UK. You will also need to prove you can carry out visa sponsorship duties and have appropriate HR and recruitment practices and systems in place.
Once you have obtained a sponsorship licence, it grants you permission to lawfully employ overseas skilled workers via your online Sponsor Management System (SMS) account which assigns a certificate number the employee must use when submitting their visa application.
Adivis specialising in UK immigration. We help individuals with their UK immigration needs and can guide and support you through any Home Office process, including an application for a sponsor licence. If you have a question about the Certificate of Sponsorship application, please call 0208 638 5532 or contact us online.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Adivis and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Adivis. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Adivis.
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