What is a Certificate of Sponsorship?
A Certificate of Sponsorship (CoS) is an essential reference number required for most work visa applications in the UK. This electronic record, which is not a physical document, is issued by an employer in the UK who is licensed to do so, to the individual seeking a visa. The Certificate of Sponsorship (CoS) is essential for various visa categories, including the Skilled Worker, Senior or Specialist Worker, and Scale Up Worker routes.
Key Features of the CoS
The CoS confirms that a job offer has been made by a UK sponsor who attests that the applicant meets the necessary visa requirements. It includes vital information such as the start and expiry date of the role, the details of the sponsoring organisation, and the CoS number itself, which is used by UK Visas and Immigration (UKVI) to verify the legitimacy and suitability of the application.
Visa Categories Requiring a CoS
Applicants for the following visa types must have a CoS:
- Skilled Worker visa
- Intra-Company Transfer (ICT) visa
- Temporary Worker visa (excluding Youth Mobility and Graduate visa applicants)
- Skilled Worker visa
- Global Business Mobility visas
- Scale Up visa
- Minister of Religion
- International Sportsperson
- Creative Worker
- Government Authorised Exchange
- International Agreement
- Seasonal Worker
For employment visas, the CoS verifies that the prospective job matches the required skill level and salary threshold, ensuring that the overseas worker has the necessary qualifications and experience.
Compliance and Responsibilities of Sponsors
The issuance of a CoS involves stringent rules to ensure compliance with UK immigration laws. A Certificate of Sponsorship (CoS) is valid for three months from the date it is issued. Moreover, the visa application connected to the CoS must be submitted no earlier than three months before the planned job start date. This stipulation ensures that all information remains relevant and accurate during the visa application process.
Sponsors, whether they are businesses or educational institutions, must manage their sponsorship duties responsibly. This includes maintaining accurate records in the Sponsorship Management System (SMS), applying for sponsor licenses accurately, and ensuring all sponsor activities meet compliance requirements set by UKVI. Specialist legal services, such as those provided by Rove Legal, offer expertise in managing global mobility strategies, ensuring that sponsors can effectively navigate the complexities of sponsor licence applications, compliance audits, and potential licence downgrades or revocations.
In summary, a Certificate of Sponsorship is a critical tool in the UK visa system, bridging the gap between UK sponsors and foreign nationals seeking to work or study in the UK legally. By fulfilling the CoS conditions and using it correctly, sponsors can facilitate a smooth and compliant entry process for their prospective employees or students.
Types of Certificate of Sponsorship (CoS)
After the UK Immigration Rules were updated in December 2020, the Certificate of Sponsorship (CoS) was categorised into two types: ‘defined’ and ‘undefined’ certificates. This classification replaced the previous ‘restricted’ and ‘unrestricted’ certificates, refining the process and application based on the applicant’s location and visa requirements.
Defined Certificate of Sponsorship
Defined Certificates of Sponsorship (CoS) are created for Skilled Worker visa applicants coming from outside the UK. Before they can apply for a specific Certificate of Sponsorship (CoS) via the Sponsorship Management System (SMS), employers must first secure a sponsor licence. Once the application is approved, which typically happens within one working day, the defined CoS is made available in the employer’s SMS account, ready to be assigned to the prospective worker. This enables the overseas worker to apply for their visa, ensuring that all the prerequisites set by the Home Office are met.
Undefined Certificate of Sponsorship
On the other hand, undefined CoS cater to two main groups: Skilled Worker visa applicants who are already in the UK and candidates for all other types of sponsored visa routes. In the process of applying for a sponsor licence, organisations must forecast the number of unspecified Certificates of Sponsorship (CoS) they anticipate needing in their initial year. If the initial allocation is exhausted within the 12-month period, sponsors can request additional undefined CoS through their SMS account. This flexibility helps accommodate the dynamic needs of employers and their potential employees already residing within the UK.
Application and Management
For both types of CoS, the application process involves strategic planning and precise management from the sponsoring organisation. Employers must accurately forecast their needs to ensure they can meet the demand for sponsorship without unnecessary delays or complications.
Certificate of Sponsorship Cost
The process of assigning a Certificate of Sponsorship (CoS) to a worker includes certain costs that differ based on the visa category and the length of time the CoS is granted.
When a new Certificate of Sponsorship (CoS) is issued for sponsoring a migrant worker, a fee is required. The fee varies depending on the type of CoS being issued, such as for skilled workers, intra-company transfers, or other specific categories.
| Sponsor licence type | Cost for each CoS issued |
| Worker | £239 |
| Temporary Worker | £25 |
| International Sportsperson: CoS > 12 months | £239 |
| International Sportsperson: CoS 12 months or less | £25 |
If you are sponsoring through the Skilled Worker or Intra-Company Transfer visa routes, you might also be required to pay the immigration skills charge. This payment is as follows:
| Visa duration | Small or charitable sponsors | Medium or large sponsors |
| First-year | £364 | £1,000 |
| Each additional 6 months | £182 | £500 |
Premium Sponsor Services Fees Breakdown
The Premium Sponsor Service offers tailored, year-long support for large and small employers needing assistance with managing their sponsorship licences. Fees vary based on the organisation’s size and sponsorship category, providing flexible options for companies to efficiently meet Home Office requirements.
| Service Type | Sponsor Category | Sponsor Size | Duration | Fee |
| Premium Sponsor Service | Worker and Temporary Worker | Large | 12 months | £25,000 |
| Premium Sponsor Service | Worker and Temporary Worker | Small | 12 months | £8,000 |
| Premium Sponsor Service | Student | – | 12 months | £8,000 |
Expedited Processing Services Fees
Expedited processing options provide rapid support for sponsorship management requests and licence applications. This service is ideal for employers with urgent timelines, reducing standard wait times for critical sponsorship tasks at a set fee.
| Service Type | Sponsor Category | Fee |
| Sponsorship Management Expedited Processing | Worker and Temporary Worker | £200 |
| Sponsor Licence Expedited Processing | Sponsor Licence | £500 |
Additional Fees and Certificates Table
This table lists fees for essential endorsements, assessments, and certificates, such as those for Scale-up sponsors and Certificates of Sponsorship (CoS) for various roles. These additional costs are necessary for specific visa paths or compliance needs, enabling employers to fully meet the regulatory requirements for each sponsorship arrangement.
| Service Type | Sponsor Category | Fee |
| Endorsement Fee | Scale-up (Endorsing Body) | £1,500 |
| Compliance Assessment | Student | £536 |
| Sponsor Action Plan | All Sponsors | £1,476 |
| Certificate of Sponsorship (CoS) | Skilled Worker, T2 Minister of Religion, Global Business Mobility – Senior or Specialist Worker | £239 |
| Certificate of Sponsorship (CoS) | Temporary Worker, Graduate Trainee, UK Expansion Worker, Service Supplier, Secondment Worker, Scale-up | £25 |
| Certificate of Sponsorship (CoS) | International Sportsperson (Over 12 Months) | £239 |
| Certificate of Sponsorship (CoS) | International Sportsperson (Up to 12 months) | £25 |
| Confirmation of Acceptance for Study (CAS) | Student or Child Student | £25 |
How to Assign a Certificate of Sponsorship (CoS)
Issuing a Certificate of Sponsorship (CoS) is a crucial step for UK employers looking to hire international employees across different visa categories. To efficiently manage this process, employers need to navigate the Sponsorship Management System (SMS) correctly. Below is a detailed manual on how to allocate both defined and undefined Certificates of Sponsorship.
- Make sure that your company has a sponsor license with an A rating.
- Log in to the SMS as either a Level 1 user or a Level 2 user.
Steps to Assign a Defined CoS
- Log into the SMS and choose ‘Defined CoS’ from the Workers screen.
- Click ‘Apply for a Defined CoS.’
- Select the correct CoS category and specify the number of CoS needed.
- Fill in the employment information on the ‘Application for defined CoS – employment details’ page.
- On the confirmation screen, review all information, verify accuracy, and agree to the terms.
- After you submit the application, it will show up on the ‘Application for defined CoS – submitted’ screen.
- Once approved, the defined CoS will be accessible in your SMS account and can be assigned to the worker.
Typically, applications for a specific certificate are approved within one business day, although there may be delays if more information is needed.
Steps to Assign an Undefined CoS
- Access the SMS and navigate to ‘Create and Assign’ from the Workers screen.
- Select the suitable visa category in the ‘Create and assign CoS’ interface.
- Input employment details and save the data.
- On the ‘Confirmation of saved CoS’ screen, check the details for accuracy and select ‘Amend’ if changes are needed.
- Click ‘Assign’, and then on the ‘Verify CoS details prior to assignment’ screen, ensure that all information is correct.
- Acknowledge and agree to the terms, then choose ‘Assign CoS’.
- Move to the online payment portal to cover the CoS fee and, if relevant, the immigration skills charge.
- Following payment, you will be directed back to the SMS where the ‘Single CoS assigned’ screen will verify the assignment and show the unique CoS number.
Additional Considerations
- Certificates of Sponsorship are not transferable between individuals. Misassigning tasks can result in compliance problems and possible enforcement measures by the Home Office.
- For employers holding a provisional licence rating, only a single Certificate of Sponsorship (CoS) can be issued to the authorising officer. Upgrading to an A-rating is necessary to request additional certificates.
Creating and Assigning a CoS
When handling the Certificate of Sponsorship (CoS) for sponsoring employees to work in the UK, the process involves specific steps but does not require the uploading of documents to the Sponsorship Management System (SMS). Instead, sponsors must accurately complete the CoS application form within the SMS. Here are the essential details you need to provide:
Documents Required for Certificate of Sponsorship Application
- Work Dates: Specify the starting and ending dates of employment.
- Position Title: Clearly specify the official name of the job role.
- Employment Type: Indicate whether the position is full-time or part-time.
- Job Description Summary: Provide a brief but comprehensive description of the job responsibilities and duties.
- Gross Salary: Include the total gross salary for the job, excluding any allowances or guaranteed bonuses that are not part of the basic salary.
- Eligible Occupation Code: Confirm that the job fits within an eligible occupation code necessary for visa sponsorship.
Process Overview
- Log into the Sponsorship Management System.
- Accurately fill out the CoS Application form with the necessary details as specified.
- Once you have confirmed that all details are accurate and complete, go ahead and submit the application through the system.
Creating and Assigning a CoS in Batch
For batch assignments, the process involves similar steps, but you’ll need to select the option to create a batch of CoSs instead of a single certificate during the initial stages in the SMS.
Following these structured steps will help ensure that the process of assigning a Certificate of Sponsorship is conducted smoothly and in compliance with UK immigration regulations, facilitating the lawful employment of international workers.
Certificate of Sponsorship Allocations: Defined and Undefined Certificates
As mentioned before, the UK visa sponsorship system differentiates between two types of Certificate of Sponsorship (CoS) allocations: ‘undefined’ and ‘defined’. Understanding the allocation process and requirements for each is crucial for sponsors to effectively manage their responsibilities and comply with UK immigration laws.
Undefined Certificates of Sponsorship
When seeking a sponsor licence, organisations must provide an estimate of the number of unspecified Certificates of Sponsorship (CoS) they expect to require during the initial year. This estimation should be supported by evidence that justifies the need for the specified number of certificates, based on the roles and migrants intended to be sponsored.
There is no cap on the number of undefined CoS available, allowing for flexibility in response to changing business needs. Sponsors have the flexibility to renew their annual allocation of certificates or request additional ones at any point during the year. This is particularly useful if a currently sponsored worker switches visa categories or extends their stay in the UK.
Exclusions
Undefined CoS do not apply to potential migrants applying from abroad, as these individuals require a defined CoS, following a different application procedure.
Defined Certificates of Sponsorship
Post-December 2020 changes to immigration rules, there is no limit on the availability of defined CoS, nor is there a need to apply on specific days of the month. Applications for defined CoS can be submitted at any time for migrant workers applying from outside the UK.
Application Requirements
When applying for a defined CoS allocation, sponsors are required to specify the roles they aim to fill, provide details about the migrant (if available), and clarify the process through which the migrant was selected for the role. This process ensures openness and consistency with labour market demands.
General CoS Allocation Guidance
Initial and Subsequent Allocations
The initial CoS allocation is determined during the sponsor licence application process, where sponsors must justify the number of certificates they anticipate needing. This allocation can be renewed annually based on the sponsor’s usage and needs.
It is advisable to consult with an immigration solicitor when justifying initial CoS requirements to avoid potential reductions in allocation by the UK Visas and Immigration (UKVI). Factors considered by UKVI include the size of the business, the industry, business activity levels, and the company’s operational history.
Renewal and Unused Certificates
At the end of each CoS period, sponsors may apply for a follow-on allocation for the next year or be set up for automatic annual renewal via the Sponsorship Management System (SMS). Any unused CoS from the previous period will be removed from the allocation.
Annual CoS Allocation Cycle
The Annual Certificate of Sponsorship (CoS) allocation is a critical component for employers holding a sponsor licence, dictating how many foreign workers they can sponsor in a given year. Here’s an overview of the annual Certificate of Sponsorship (CoS) cycle and application procedure:
- Duration: The CoS cycle spans 12 months, starting either from the date your sponsor license was granted or from the approval date of your latest renewal application.
- Estimation and Request: When applying for or renewing your license, you need to estimate and request the number of undefined CoS you expect to require for the next 12 months.
- Justification: This request must be justified with appropriate explanations and, in some cases, additional information or documentation to support the expected number of CoS.
Allocation and Usage
If your request is approved, the Home Office will allocate the specified number of CoS to your Sponsorship Management System (SMS).
These allocated CoS must be used within the specified 12-month period corresponding to your CoS year.
Requesting Additional CoS Allocation
If you exhaust your initial allocation within the CoS year, you can apply for additional CoS. This also requires justification and approval from the Home Office.
Considerations for Employers
- Planning: It’s important for employers to carefully plan and justify their CoS needs to avoid shortages or the need for frequent additional requests, which can complicate the sponsorship process.
- Compliance: Maintaining compliance with all related immigration laws and guidelines is crucial. This includes ensuring that all sponsored roles meet the eligibility requirements and that CoS are used appropriately within the allowed timeframe.
Certificates of Sponsorship for UK Expansion Workers
Employers holding a provisional sponsor license are allowed to assign one Certificate of Sponsorship (CoS) to their designated Authorising Officer. This initial CoS enables the Authorising Officer to enter the UK and begin establishing the company’s operations. Upon the Authorising Officer’s successful entry into the UK and the subsequent fulfilment of initial visa conditions, the company can apply to upgrade its licence from provisional to A-rating. Once the upgrade is approved, the company may request up to four additional Certificates of Sponsorship through the Sponsorship Management System (SMS) to further support its expansion efforts in the UK. This structured approach ensures that the business meets regulatory requirements while establishing its presence in the UK.
How to Cancel a Certificate of Sponsorship
Employers can cancel a Certificate of Sponsorship that has been assigned using the Sponsorship Management System (SMS).
Here is how
- Log in to SMS: Access the system using your sponsor credentials.
- Navigate to the Manage CoS Section: Within the SMS, locate the ‘Manage live CoS’ option found under the ‘Sponsorship duties’ tab.
- Select the CoS to Cancel: Input the details of the CoS you wish to cancel.
- Withdraw the CoS: Choose the ‘withdraw CoS’ option. This action will effectively cancel the Certificate of Sponsorship for the individual if it is no longer required.
How Long Does It Take to Obtain a Certificate of Sponsorship?
Obtaining a defined Certificate of Sponsorship (CoS) is generally a swift process, crucial for both employers and potential employees looking to expedite their visa applications.
Typically, a defined CoS is issued within one working day from the submission of the application through the Sponsorship Management System (SMS). This quick turnaround is designed to facilitate the smooth processing of visa applications, allowing businesses to plan and manage their workforce efficiently.
COS Delays
However, the processing time can extend beyond one day if the UK Visas and Immigration (UKVI) needs to verify additional details or if there is a requirement for further checks. These additional verifications are necessary to ensure that all information complies with immigration regulations and that the sponsorship is legitimate.
It’s important for sponsors to provide accurate and comprehensive details when submitting a CoS application to minimise the likelihood of delays. In cases where UKVI requests more information, responding promptly can help speed up the process.
By understanding these timelines and the potential for delays, sponsors can better manage their expectations and preparations for bringing international talent into the UK.
How To Request to Increase the CoS Allocation as an Employer
Yes, as an employer, if you find that your initial Certificate of Sponsorship (CoS) allocation is insufficient for your needs, you can apply to increase this allocation through the Sponsorship Management System (SMS). This process requires a clear justification for the increase and may involve providing additional evidence to support your request. Here’s how to proceed:
- Log in to SMS: Access the system with your credentials as either a level 1 or level 2 user.
- Navigate to Request Increase: Access the “Licence summary, applications and services” screen and choose “Request CoS/CAS allocation increase.”
- Specify Details: On the “Request additional CoS or CAS” page, select “Add a request” for the specific route where additional CoS are needed.
- Provide Justification: Input the number of additional CoS you need and detail the reasons for this request. Thorough justification is crucial to aid the approval process.
- Submit the Request: Review your details and click “Submit” to forward your request to the Home Office for evaluation.
How to Apply for a Certificate of Sponsorship
Obtaining a sponsorship licence is essential for organisations intending to employ non-UK residents under the UK’s points-based immigration system. Understanding the types of licences and the requirements involved is key to a successful application. Here’s an overview:
Types of Sponsorship Licences
There are primarily two types of sponsorship licences, each tailored to specific job requirements and employment durations:
- Workers Licence: Ideal for ongoing positions, including visa categories such as Skilled Workers, Senior or Specialist Workers, Ministers of Religion, and International Sportspersons.
- Temporary Workers License: This license is intended for temporary roles and encompasses categories like Scale Up Workers, Graduate Trainees, Service Suppliers, UK Expansion Workers, and Secondment Workers.
Organisations have the option to apply for one or both types of licenses based on their requirements.
Requirements for Obtaining a Sponsorship Licence
To be granted a sponsorship licence, an organisation must satisfy several key requirements:
- Genuine Organisation: The entity must be legitimate and operate lawfully within the UK.
- Visa Sponsorship Duties: The organisation must show capability in fulfilling visa sponsorship duties.
- HR and Recruitment Systems: Effective human resources and recruitment systems must be established to adequately manage sponsorship responsibilities.
Application Process
The process of applying for a sponsorship licence involves several steps:
- Determine the Type of Licence: Decide whether you need a Workers, Temporary Workers, or both types of licences based on your hiring needs.
- Prepare Documentation: Gather evidence that your organisation meets all the requirements, such as proof of business operations, HR policies, and recruitment practices.
- Submit Application: Apply through the UK government’s official platform.
- Use of SMS: After receiving approval, you can use the Sponsor Management System (SMS) to oversee your sponsorships. This online platform enables you to allocate Certificates of Sponsorship to employees, which they can use when applying for their visas.
Managing Your Licence
After obtaining your sponsorship licence, it’s important to maintain compliance with all sponsorship obligations. This includes keeping up-to-date records of sponsored employees, reporting significant changes in your company or to employee circumstances, and renewing your licence.
By carefully following these guidelines, your organisation can effectively manage the sponsorship of international workers, ensuring compliance with UK immigration laws and supporting your global talent strategy.
What is the Sponsorship Management System?
The Sponsorship Management System (SMS) is an essential online platform operated by the UK Home Office, designed for organisations that hold a sponsor licence. It enables them to manage their sponsorship duties and ensure compliance with UK immigration regulations effectively.
Functionality of the SMS
SMS serves as a central hub for administering the sponsor licence. Organisations use it to assign Certificates of Sponsorship (CoS) to foreign employees, which are crucial for their visa applications. The system is also integral for reporting significant changes related to the sponsored employees or the organisation itself, such as changes in employment details, cessation of employment, and compliance with legal requirements to prevent illegal employment.
Key Roles in SMS Usage
- Authorising Officer: This is the senior-most role within an organisation using SMS. The Authorising Officer manages the sponsorship process, making sure that all sponsorship requirements are met. They are responsible for setting and overseeing access levels within the SMS and ensuring that all actions within the system are in line with legal requirements.
- Key Contact: Serves as the primary liaison between the sponsoring organisation and the Home Office. This role is crucial for handling all correspondence and queries related to the sponsor licence.
- Level 1 Users: These individuals handle day-to-day operations within SMS, including the assignment of CoS and the maintenance of accurate sponsorship records.
- Level 2 Users: Perform similar functions to Level 1 users but are granted fewer permissions within the SMS, focusing more on specific administrative tasks.
Access and Security
Access to SMS is restricted to ensure that only authorised personnel within the organisation or appointed external parties, such as immigration lawyers, can operate within the system. Restricting access in this way protects sensitive information and ensures compliance with regulations. Misuse or improper management of the SMS can result in severe outcomes, including suspension or loss of the sponsor license, which could greatly affect the organisation’s capacity to sponsor foreign workers. Additionally, failing to comply might lead to civil fines or even criminal charges related to illegal employment activities.
Who issues the Certificate of Sponsorship?
UK employers with a valid sponsor licence issue the Certificate of Sponsorship to prospective foreign employees.
How do I issue a Certificate of Sponsorship?
Before anything else, employers need to secure a sponsor licence from UK Visas and Immigration (UKVI). Once licensed, they can assign a CoS to a worker through the Sponsorship Management System (SMS).
How long does a Certificate of Sponsorship take?
Applications for defined Certificates of Sponsorship (CoS) are generally approved within one business day, although approval may take longer if additional checks are required. Undefined CoS can be assigned immediately if the employer has an available allocation.
