Certificate of Sponsorship (CoS) For Employers
A Certificate of Sponsorship (CoS) is an important certificate for an individual to make a valid visa application under Skilled Worker or sponsored work routes.
Before an employer can sponsor a migrant worker, they must assign a certificate of sponsorship to confirm that the relevant visa conditions have been met. The worker then uses that CoS to make their sponsorship visa applications.
There are two broad categories of CoS: defined & undefined CoS. Employers must be aware of the strict conditions and timing that apply when assigning the CoS. It is important to differentiate between defined and undefined CoS and to assign the correct type.
Assigning a CoS does not guarantee the worker will be granted entry clearance or permission to stay. Applicants must ensure that they meet all the requirements of the route on which they apply.
What are the types of Certificates of Sponsorship (CoS)?
There are two types of Certificate of Sponsorship (CoS):
- defined Certificate of Sponsorship (CoS)
- undefined Certificate of Sponsorship (CoS).
Sponsors must ensure that they assign the correct CoS whilst ensuring that the correct SOC code is selected to reflect the appropriate salary, skills, qualifications and experience needed to perform the role.
Defined Certificate of Sponsorship (CoS)
Workers applying for entry clearance (a visa) from outside the UK.
A sponsor will need a defined CoS to sponsor a migrant worker applying for a Skilled worker visa from outside the UK. For defined CoS, the Sponsor apply to the Home Office through the Sponsorship Management System (SMS) when they have obtained the sponsor licence.
Once the Home Office has approved the defined CoS, it will appear in the SMS account. The Sponsor has three months to assign it to a migrant worker. If not, it will be removed from the sponsor's account and the sponsor will need to apply again if it still requires the defined CoS.
Once the defined CoS is assigned migrant workers can apply for entry clearance under the relevant worker visa route.
Undefined Certificate of Sponsorship (CoS)
Skilled Workers applying for permission to stay from within the UK and for Workers on all other routes, whether in the UK or outside the UK.
If the migrant is already in the UK (as a Skilled Worker migrant or in a category from which they can switch into the Skilled Worker Category and apply for further leave to remain in the UK, the sponsor must assign them an undefined CoS.
When a sponsor initially applies for a licence, the request for undefined certificates could be made at the same time. The sponsor will need to provide an explanation to support the requested amount of CoS. The Home Office may allocate fewer CoS than it is requested, or set allocation to Zero, but the sponsor can request additional CoS via the SMS system at any time providing full details of the position required, salary and migrant workers identified.
Undefined CoS – Annual allocation
The Annual CoS allocation (or 'CoS year') runs from 6 April to the following 5 April if:
- the sponsor held a valid Tier 2 (General) or Tier 2 (ICT) licence on 30 November 2020; and
- this was converted into a Skilled Worker or ICT routes licence on 01 December 2020; and
- their allocation renewal has been automated.
The Annual CoS allocation (or 'CoS year') runs from 12 months from the date the sponsor allocation renewal request was granted in 2021 and, in subsequent years, 12 months from the date the sponsor allocation renewal request is granted if:
- the sponsor held a valid Tier 2 (General) or Tier 2 (ICT) licence on 30 November; and
- this was converted into a Skilled Worker or ICT routes licence on 01 December 2020; and
- their allocation renewal has not been automated.
In all other cases, annual CoS allocation (or 'CoS year') will run 12 months from the date the sponsor licence was granted and, in subsequent years, 12 months from the date an allocation renewal request is granted.
Assigning CoS
Certificate of sponsorship must be assigned to the migrant using SMS system. A CoS can only be assigned by a person who has access to the SMS as a Level 1 or Level 2 user. It cannot be assigned more than three months in advance of the worker's start date.
Mandatory information required on CoS
The Certificate of Sponsorship must include for it to be valid: the route on which the worker is being sponsored, worker's personal details, such as their name, nationality, date of birth, passport details contact address, work address(es) in the UK, total weekly hours, worker's job title, job description, start date, end date, salary, and occupation code, whether the sponsor wish to certify that the worker meets the financial requirement. The Certificate of Sponsorship must include the same details as stated in the worker's passport.
How can we help you?
At Tennyson Monroe Solicitors, we help UK employers with all aspects of their sponsor licence management, including assistance on how to request and assign certificate of sponsorship.
Our Services include:
- Advice on issuing the correct type of Certificate of Sponsorship
- Provide advice and guidance in relation to assigning CoS
- Matching the role to the relevant SOC Code
- Advice if there is any error on the CoS
- Advice on how to correct minor errors or provide additional information or clarification to UKVI
For help and advice on the Certificate of Sponsorship & Sponsor licence application, please arrange a phone call, face to face meeting or online Web conferencing such as Zoom or Teams.
Frequently asked questions about Certificate of Sponsorship (CoS)
If there is an error in the Job title, do I need to assign a new Certificate of Sponsorship?
For minor errors, such as a typing error in the job title on the Certificate of Sponsorship, a Sponsor Note could be added to the Certificate of Sponsorship by the sponsor, which clarifies and corrects the error.
You can use the Sponsor Note to field to amend, update, or clarify information on a CoS with the status of 'assigned', such as work start or end dates, salary details, or working hours.
You must cancel a CoS and assign a new one if you have made a significant error such as: entered wrong occupation code, assigned the CoS on the wrong route.
Can a Certificate of Sponsorship be assigned to a migrant who is related to the key personnel or owners of a sponsor organisation?
Yes, although there are some restrictions. A sponsorship management system user cannot assign a CoS to a close relative or partner. “close relative or partner” means: Spouse, unmarried partner, parent or step-parent, son or step-son, siblings or half-siblings, nephew, niece, cousin, aunt or uncle, in-laws.
The Home Office usually scrutinises the “genuineness” requirement when it is an application where there is a relationship between the sponsor and migrant. The sponsor should keep evidence as to why the role exist and why the migrant is best person to perform the role.
Where a sponsor assigns a CoS to a family member of anyone within the sponsor organisation if it is classed as a small or medium-sized business, or if the sponsor is aware it is assigning a CoS to a family member of anyone else within a sponsor organisation classed as a large business, it must disclose this by adding a sponsor note to the migrant's CoS.