A Certificate of Sponsorship (CoS) is a vital requirement for employers looking to hire foreign workers in the UK. This electronic document acts as a reference number that proves a job offer complies with immigration rules. Without it, your sponsored worker cannot apply for a visa.
In this comprehensive guide, we’ll explore everything you need to know about the Certificate of Sponsorship, from its types to the application process, costs, and common mistakes to avoid.
What is a Certificate of Sponsorship?
A Certificate of Sponsorship is a reference number assigned to an international worker during their work visa application process. Although called a “certificate,” it is not a physical document but an electronic record that employers must assign to a worker for visa sponsorship.
The CoS is essential for anyone applying for a Skilled Worker Visa or other work-related visas such as:
- Skilled Worker Visa
- Scale-Up Worker
- Senior or Specialist Worker
Once a CoS is assigned, it confirms to the UK Home Office that the employment conditions comply with the specific visa route requirements.
Key Conditions for a Certificate of Sponsorship:
- The CoS must be used within three months from its date of issue.
- Workers cannot apply for their visa more than three months before the job's start date listed on the CoS.
Defined vs Undefined Certificates of Sponsorship
The Immigration Rules updated in December 2020 introduced two types of Certificates of Sponsorship, which you can learn about in detail in our dedicated guide on Defined vs Undefined Certificates of Sponsorship.
Defined Certificates of Sponsorship:
- Formerly known as “restricted certificates,” these are required for Skilled Worker Visa applicants applying from outside the UK.
- Employers must apply for these via the Sponsor Management System (SMS) once their licence is approved.
Undefined Certificates of Sponsorship:
- Formerly referred to as “unrestricted certificates,” these are needed for workers already residing in the UK.
- These are required for all other visa routes besides the Skilled Worker Visa.
- Employers must estimate how many undefined CoS they will need within a year when applying for their sponsor licence.
What is the Cost of a Certificate of Sponsorship?
Assigning a CoS comes with mandatory fees, which vary based on the type of visa being applied for and the worker's role. The cost breakdown is as follows:
- Skilled Worker Visa CoS: £239
- Temporary Worker Visa CoS: £25
For more details on government costs, you can use our handy visa fees calculator to estimate all associated expenses.
How to Apply for a Certificate of Sponsorship
As an employer, before hiring a foreign worker, you must ensure that your company has a valid sponsor licence.
Here’s a step-by-step guide to applying for a Certificate of Sponsorship:
Step 1: Obtain a Sponsor Licence
Your company must prove to the Home Office that it operates legitimately and adheres to UK laws. You must also show that you have the necessary HR systems in place to monitor the foreign worker’s immigration status.
Step 2: Log Into the Sponsor Management System
Once you have your sponsor licence, apply for a Defined CoS through the Sponsor Management System (SMS). If you need an Undefined CoS, submit your annual estimate during your sponsor licence application.
Step 3: Assign the Certificate of Sponsorship
Once approved, the CoS will appear in your SMS account, and you can assign it to the worker. Ensure the job and salary details meet the visa route’s requirements, such as the immigration salary list.
Step 4: Submit the Visa Application
The worker must use the CoS to apply for their visa within three months. They should also refer to the government fees for all necessary costs.
Need help? Get in touch with our team to take burden off.
Common Mistakes to Avoid When Assigning a Certificate of Sponsorship
Mistakes in the CoS process can lead to visa application delays, sponsor licence downgrades, or even sponsor licence revocation. Here are a few common pitfalls to avoid:
- Incorrect Job Codes: Assigning the wrong SOC code can lead to visa rejection.
- Missing Documents: Always ensure all required documents are submitted. Refer to the Documents Required for a Certificate of Sponsorship to ensure full compliance.
- Delays in Application: Submit the CoS request at least one month before your candidate's intended start date to avoid delays.
Effective Strategies to Secure a Certificate of Sponsorship
Given the increasing scrutiny from the Home Office, here are some tips to ensure a smooth CoS application process:
- Request Timeline: Always have enough CoS available before committing to sponsor a worker. Submit your CoS request at least one month prior to the start date.
- Document Preparation: Ensure that all documents, such as those required by Appendix A, are up to date.
At Borderless, we simplify the entire process. Whether you're applying for a CoS or a Sponsor Licence Renewal, our expert team is here to assist you.
Recent Updates (January 2024)
There have been significant changes to the CoS process:
- Increased Home Office Response Time: The time it takes to process CoS requests has risen in the past months, especially for care homes and other high-demand sectors.
- Additional Documentation Requirements: The Home Office now asks for extra documents to ensure that employers have enough work to sponsor someone full-time.
Conclusion
Understanding the Certificate of Sponsorship process is key to hiring international workers and maintaining compliance with UK immigration law. Whether you're applying for a Sponsor Licence or assigning a CoS, following these guidelines will help you avoid costly errors.
For further assistance with your visa sponsorship needs, get in touch with us today!
FAQs About the Certificate of Sponsorship Process
How long is a Certificate of Sponsorship valid?
- A CoS is valid for three months from its date of issue. The worker must apply for their visa within this timeframe.
What happens if the CoS is not used in time?
- The certificate will expire, and the employer will need to apply for a new one.
Can a Certificate of Sponsorship be transferred?
- No, a CoS is assigned to a specific worker for a specific job and cannot be transferred.