The Certificate of Sponsorship (CoS) is an electronic document with a unique number that an employee uses to apply for a visa. An employer must provide a certificate of sponsorship to a foreign worker before they can sponsor them.
When an employee receives a certificate of sponsorship, it indicates that they have fulfilled the prerequisites for that particular visa route and are eligible to apply for a sponsorship visa.
As described in the CoS, the employee must use the certificate of sponsorship within three months of its issue. In this article, we will explain everything involved in obtaining a UK certificate of sponsorship.
Who Needs a Certificate of Sponsorship?
Anyone applying to work in the United Kingdom under a work visa must obtain a certificate of sponsorship to enter or remain. To be sponsored, a worker must be eligible for the role they are applying for.
However, certain groups are not required to be sponsored, such as:
- Irish citizens.
- Those with settled or pre-settled status under the EU Settlement Scheme.
- Those with indefinite leave to remain in the UK.
Steps in Assigning a Certificate of Sponsorship
Check Eligibility
Ensuring that your organization and the foreign worker meet the eligibility criteria for the specific visa category is essential. This includes verifying that the worker’s role matches the job description provided in the CoS.
Create a CoS
The foreign worker will receive a Certificate of Sponsorship through the Sponsorship Management System (SMS), an online tool provided by the UK Home Office.
You will need to input relevant details, such as the worker’s personal information, job details, and the duration of sponsorship.
Issue CoS to Worker
After creating the certificate of sponsorship, assign it to the intended worker. This involves providing them with a unique CoS reference number, which they will need for their visa application.
Inform the Worker
Ensure that the worker knows they have been assigned a CoS and provide them with all the necessary information, including the reference number needed to apply for a visa.
Retain Records
Maintain accurate records of the CoS assignment and all associated documents. In addition, you may need to provide evidence of compliance with sponsorship duties during Home Office audits.
Monitoring and Reporting
Continue to monitor the worker’s compliance with visa conditions and report any significant changes or issues to the Home Office as required.
What Documents are Needed to Obtain a Certificate of Sponsorship?
Uploading documents to the Sponsorship Management System (SMS) is not required when requesting and issuing Certificates of Sponsorship.
Instead, you will need to complete a CoS application form directly in the SMS, which requires you to provide employment details such as:
- Work dates
- Job title
- Job type
- Summary of job description
- Gross salary, excluding any allowance and guaranteed bonuses
- Whether the job is in an eligible occupation code
Types of the Certificate of Sponsorship
The Defined CoS
If your foreign employee will be abroad when they apply for a work visa, you, as the sponsoring business, must have a stated CoS. Once the license has been approved, you can only use the Sponsor Management System (SMS) to apply for a designated CoS.
You can apply for defined certificates at any point throughout the license’s duration, and they are not subject to an annual allotment. The Home Office decides on an application for a specific CoS in a week, but frequently just a few days.
Nevertheless, decisions have occasionally taken up to six weeks, particularly when the Home Office needs further information before making a choice.
This seems increasingly common, particularly for your first defined CoS application. Thankfully, subsequent requests appear to go through within a matter of days.
The Undefined CoS
If your foreign worker will be in the UK at the time of their work visa application, you will need an undefined CoS. This occurs when a foreign worker changes to the skilled worker route when they are already in the country on another type of visa, such as a student visa.
The worker’s current visa must allow for switching. Most visas are eligible, with the notable exception of the Standard Visitor visa.
Additionally, non-visa nationalities traveling to the UK need a visa to move to the skilled worker path. The undefined certificates are allotted on an annual basis.
When you apply for the license, you first set your annual allotment; this can then be “renewed” if necessary.
You may also ask to increase your annual allotment during the license’s duration; however, there is often a 12—to 13-week waiting period before your request is approved.
The waiting period will be cut to five working days with the additional £200 fee of a priority option.
What is an Annual CoS Allocation?
An employer must indicate how many undefined certificates they wish to assign in the first year of their sponsor license application for each route they use to obtain a license.
The sponsor must submit an annual collocation request for the upcoming CoS year. A sponsorship certificate is only good for a full year.
Does a Worker Need Another CoS if they Change Jobs?
Workers require a fresh sponsorship certificate if they change jobs and become new employers. When the worker cannot receive another CoS, the certificate must be used within three months.
The employee must request that their present sponsor remove their CoS if they want a new one. Only after then can they secure a new one.
Costs for the Certificate of Sponsorship
The cost of the Certificate of Sponsorship will depend on what type you are applying for. Currently, the Tier 2 CoS costs £239, and the Tier 5 CoS costs £25.
You may also have to pay the ‘immigration skills charge’ if you employ someone via the Tier 2 General or Tier 2 Intra Company Transfer route.
How Long Does it Take to Get a Certificate of Sponsorship?
Generally, the sponsorship certificate is authorized within a single business day. However, it can take longer if the Home Office requests additional details about the worker’s application.
The employer can assign approved certifications to their employees as they appear in their SMS.
How to Cancel a Certificate of Sponsorship
With the SMS, a certain Certificate of Sponsorship may be revoked. You must terminate an employee’s Certificate of Sponsorship if they quit, move, or change jobs (to positions outside the current SOC code).
This needs to be completed five days after being informed of the change in circumstances. Due to the design of the visa system, an employee may only have one active certificate at a time.
Therefore, the previous one must be revoked to issue a new certificate.
What is the Sponsorship Management System (SMS)?
The Sponsor Management System (SMS) is used by all companies that have been given a sponsor license by UK Visas and Immigration (UKVI) to manage and administer their sponsor license and fulfill their sponsor license compliance obligations.
It’s a safe web gateway run by the Home Office that designated personnel in the company can access. To prevent illicit working, sponsor license holders must fulfill strict tasks and responsibilities like monitoring, documentation, and reporting.
Sponsors can use the SMS to report changes to the Home Office and request and assign Certificates of Sponsorship (CoS) to sponsored workers.
If you own a sponsor license, you risk having your license downgraded, suspended, or canceled if you don’t utilize the SMS for the specified purposes. As a result, you might need help to sponsor foreign workers.
In addition, if it is shown that you hired an unauthorized worker, you could face criminal charges and a civil penalty fine for each infraction.
Wrapping Up
Employers and potential employees who want to work in the UK must both comprehend the complexities of the Certificate of Sponsorship. Through it, employers can access a worldwide talent pool, which promotes growth and innovation.
It is also a great chance for employees to pursue fulfilling work in one of the top economies in the world.
Frequently Asked Questions
Can I employ foreigners without assigning a Certificate of Sponsorship?
Certain visa routes allow work without requiring sponsorship. You can perform a Right to Work Check to find out if the foreign worker can work if they have a BRP card.
You can only hire somebody from abroad if you have completed the necessary Right to Work Checks and are confident you have a statutory right of excuse.
Who issues the Certificate of Sponsorship?
A sponsor license holder (employer) assigns a Certificate of Sponsorship to enable sponsored visa applicants to apply for work visas.
Do I need a Certificate of Sponsorship?
Sponsored workers from overseas usually need to be assigned a Certificate of Sponsorship from their sponsor. They cannot work only with a certificate with a unique number allocated to it, which the worker can use to apply for a visa.
The certificate is valid for three months. Some immigration routes do not require sponsorship, but other eligibility criteria will apply.
What is the Certificate of Sponsorship Processing Time?
The processing time for a Certificate of sponsorship in the defined category varies depending on demand.
If you submit an application for a Certificate of Sponsorship at the beginning of the month, you should hear back within a week of submitting the request.