UK Work Visas: Types, Requirements, and Step-by-Step Process to Apply
November 30, 2024
UK Skilled Worker Visa: A Complete Guide
December 17, 2024A Comprehensive Overview of Certificate of Sponsorship
Vishang Shah
A Certificate of Sponsorship (COS) is a digital document that helps overseas workers to work in the UK under a specified visa type. The UK Employers must provide a COS to verify visa requirements are met before the selected worker applies for their sponsored visa at the Home Office.
As per the UK Visa and Immigration (UKVI) guidelines, UK Employers must use the correct COS type and stick to rules and schedules regulated by the Home Office. If you make mistakes in COS, it may lead to application rejections, potential penalties, and cancellation of the employer's sponsor licence from the Home Office.
Let’s go through this comprehensive overview of the Certificate of Sponsorship that briefs about the Certificate of Sponsorship, requirements of certificate of sponsorship, types of certificate of sponsorship, etc.
What is a Certificate of Sponsorship (CoS)?
A Certificate of Sponsorship (CoS) is a digital document that verifies a non-UK worker's sponsorship that he officially works for a sponsor licenced UK company. CoS is required for many work-related UK visas, and the UK employer must apply for it after offering the job to overseas workers.
Any non-UK worker coming to the UK with a sponsorship-required visa must have a certificate of sponsorship. The UK employer has to keep records up to date and needs to report any changes regarding the employee or the business to the Home Office.
Who Needs a Certificate of Sponsorship?
The Certificate of Sponsorship is needed, if you’re hiring for or applying as:
- Skilled Worker
- Health or Care Worker
- Any Worker under Global Business Mobility Visa like senior or specialist worker, graduate trainee, secondment worker, UK expansion worker, or service supplier etc.
- Scale-up Worker
- Government-Authorised Exchange Worker
- Seasonal Worker
- International Sportsperson Visa Worker
- International Agreement Worker
- Creative Worker
- Charity Worker
- Minister of Religion Worker or Religious Worker
Types of Certificate of Sponsorship
1. Defined Certificate of Sponsorship
Defined Certificates of Sponsorship (formerly 'restricted certificates') are issued to Skilled Worker visa applicants applying from overseas. Employers can apply via the Sponsorship Management System (SMS) after getting their sponsor licence.
The Home Office checks the defined CoS application based on job role and salary. Once it is approved, the defined CoS appears in the UK employer's SMS account for assigning to the skilled worker.
2. Undefined Certificate of Sponsorship
Undefined Certificates of Sponsorship (CoS) (formerly ‘unrestricted certificates’) are important for sponsoring Skilled Worker visa applicants who are already in the UK and all the other sponsored visa route applicants.
Sponsor licenced UK Employers can also issue Undefined CoS without UKVI approval for their overseas employees who are switching to a Skilled Worker visa or extending their stay with a similar sponsored visa route in the UK.
However, you must submit an estimated number of the necessary undefined CoS for the first year to the UKVI in your sponsor licence application. You can also apply for more undefined CoS during the year if required.
3. Temporary Worker Certificate of Sponsorship
If you’re hiring non-UK individuals on a Temporary Worker Visa, you will need Temporary Worker CoS. There are various subcategories like religious, charitable, and creative or athletic roles in this type of CoS. So, the Temporary Worker CoS only applies to jobs that do not need a long stay in the UK.
Let’s understand the Defined CoS in detail:
Defined Certificate of Sponsorship Requirements
First, as a UK employer, make sure the job and the recruitment comply with the UK minimum wage and working time regulations because the worker’s visa may be refused, and you may lose your sponsor licence if the job does not meet the criteria needed for their Skilled Worker visa.
A Defined Certificate of Sponsorship (CoS) permits UK employers to temporarily hire skilled workers from abroad, offering flexibility in employee selection and eliminating the need for extensive training.
To get a defined CoS, UK employers must verify their efforts to find suitable UK applicants but haven't succeeded.
To apply for a Certificate of Sponsorship (COS), you will need an A-rated sponsor licence that permits you to issue and distribute COS.
Here are the details you must provide to receive a COS:
- The Route for a Migrant Worker
- The Migrant's Personal Information
- Contact Details
- Job Description
- Work Address(s) in the UK
- Working Hours
- Salary
- Start and End Dates of Employment
Remember, if the CoS application lacks any required information, the Home Office can reject it.
How to Apply for Defined COS?
Use the Sponsorship Management System (SMS) to apply for a certificate of sponsorship. You can access the SMS, once you have the sponsor licence. There are mainly two situations in which employers apply for a defined CoS.
1. When You Apply with a New Defined COS Application
Follow the below steps to apply for a defined Certificate of Sponsorship new application:
- Step-1: Log in to your SMS account as a level 1 or level 2 user
- Step-2: Select “Defined COS” from the “Workers” section
- Step-3: On the “Apply for defined COS” page, click “Apply for defined COS”
- Step-4: Determine how many defined COS you require
- Step-5: Fill in your employment details on the employment details screen
- Step-6: Read the declaration and check the box to confirm your agreement
- Step-7: Click “Submit” when you are finished
2. When You Apply using a Previous Defined COS Application:
If you’re applying for a COS using a previous application, follow the below steps:
- Step-1: Select “Apply for defined COS based on a previous application” from the “Apply for COS” screen.
- Step-2: Choose the application you want to base your new application on from the options provided.
- Step-3: Enter the number of COS you need.
- Step-4: Check the box to confirm your agreement and click “Submit.”
The COS applications are normally proceeded by the UKVI within one working day after submission. If there are further reviews or additional information required, the UKVI may take longer to respond.
How to Assign a Defined COS?
Follow the below steps after getting an issued COS to assign it to the worker:
- Step-1: Log in to your account as a level 1 or level 2 user.
- Step-2: On the “Apply for defined COS” page, select “Granted applications – generate and assign defined COS.”
- Step-3: Pick the appropriate COS from the approved applications.
- Step-4: Review the application summary and click “Create.”
- Step-5: Enter the migrant's details and then click “Save.”
- Step-6: Read the terms, check the box to accept, and click “Submit.”
- Step-7: Make the payment for the immigration skills fee and the COS fee through Worldpay, a payment service.
- Step-8: Once the COS is approved, a unique reference number will be displayed on your screen.
Cost of Issuing a Defined COS
The cost of issuing a defined certificate of sponsorship depends on the type of sponsor licence you have.
The cost of issuing a defined COS for temporary workers is £25 and for other workers except international sportsperson, it is £239.
The cost of issuing a defined COS for international sportsperson is £239 if the CoS is assigned for more than 12 months. If it is less than 12 months, the cost will be £25.
How to Cancel an Issued COS?
When an employee separates from your company or when an employee takes a job that isn't under the current SOC code, you need to cancel their Certificate of Sponsorship within five days from getting notification of the change.
You must end the employee's existing CoS before issuing a new one because any employee can only hold one active CoS at a time to avoid any confusion.
How do Westend Consultants Help with Certificate of Sponsorship?
At Westend Consultants, we help you with the requirements for your certificate of sponsorship. Having supported thousands of individuals and businesses in their certificate of sponsorship applications, we make sure your application is reviewed before sending it to the Home Office.
Our team keep you updated on your CoS application’s progress and assist you with other immigration services in the UK.
Connect with us and let us help you with our best immigration services in the UK!
Bottom Line
This way, the Certificate of Sponsorship (CoS) is non-UK employer's self-certification that his job meets visa sponsorship criteria, like skill level and salary.
UK employers must hire employees with correct Standard Occupational Classification (SOC) codes, accurate job details, compliance to the job requirements to avoid visa refusals or application delays.
To keep your records, report the changes, and fulfil your sponsor duties to avoid penalties, licence suspension, or revocation, choose Westend Consultants by your side!
We are one of the leading immigration lawyers in the UK, providing sponsor licence services to many UK businesses to ease hiring of overseas workers.
Contact us today to learn more about our immigration services!
FAQs
Vishang Shah
Co-Founder of Westend Consultants
Vishang is Co-Founder of Westend Consultants and has been helping clients with UK immigration matters since the firm was established in 2008. With nearly 18 years of experience, he has built his practice around giving clear, honest and practical advice to both businesses and private clients.