Navigating the UK’s immigration system can be a complex process, particularly when it comes to understanding the different types of Certificates of Sponsorship (CoS). For employers and prospective employees alike, understanding the difference between Defined and Undefined CoS is vitally important.
In this article, we’ll provide a comprehensive guide to the differences and what they mean for visa applications.
What is a Certificate of Sponsorship?
A Certificate of Sponsorship (CoS) is a reference number issued by a licensed sponsor, rather than a physical document. This number is crucial for individuals applying for certain work visas, such as the Skilled Worker visa.
In simple terms, it confirms that the employer certifies that their worker meets the necessary requirements, including skill level and salary. Certificates of Sponsorship typically come in two different formats – Defined and Undefined.
Defined Certificates of Sponsorship
Defined CoS are specifically for Skilled Worker visa applications made outside the UK. When an employer wishes to hire someone who is not currently in the country, they must apply for a Defined CoS. The application is made directly to the Home Office and must include detailed information about the job and salary offered.
For example, if the offered salary is below the standard minimum, it can be supplemented with points for a shortage occupation or the applicant’s PhD qualification. These details need to be clearly stated in the CoS application.
The application process for a Defined CoS is usually swift, with decisions typically made within one working day. However, it can sometimes be longer if the Home Office requests additional information about the job role or recruitment process.
Undefined Certificates of Sponsorship
Undefined CoS apply to individuals already in the UK who are switching to the Skilled Worker category or applying for other visa routes from within the UK or abroad. Employers request Undefined CoS when they apply for their sponsor licence.
There is no cap on the number of Undefined CoS that can be issued, provided the sponsor can justify the need and pay for the applicable fees.
Undefined CoS are also relevant for employers who already have a provisional sponsor licence under the UK Expansion Worker route. Initially, such organisations can only assign one CoS to their Authorising Officer. Once this officer’s visa is approved, the employer’s licence can be upgraded to an A-rating, allowing for additional CoS to be requested.
Cost of assigning a CoS
The cost of assigning a CoS can vary depending on the type of sponsor licence the employer holds. For instance:
- Worker (except International Sportsperson visa): £239
- Temporary worker: £25
- International Sportsperson (more than 12 months): £239
- International Sportsperson (12 months or less): £25
These fees highlight the financial considerations employers must account for when planning to sponsor overseas employees.
Annual allocations and renewals
The annual allocation of CoS is a key aspect for employers to manage. Each year, during the validity period of your licence, you can apply for a further allocation of CoS for the upcoming year using your Sponsor Management System (SMS) account.
If your account shows ‘automatic renewal’, you don’t need to submit a renewal request. UK Visas and Immigration (UKVI) will simply give you another allocation of CoS equal to the number you used in the previous year. If you do not have an automatic renewal set up, you must submit a manual request three months before the end of your CoS year.
The specific timeline for the annual CoS allocation year depends on several factors. Typically, it runs 12 months from the date the sponsor licence was granted. For those who had valid Tier 2 licences converted to Skilled Worker or Intra-Company routes on December 1st 2020, the allocation runs from April 6th to April 5th annually.
Importance of compliance
Compliance with UKVI regulations is essential for maintaining a sponsor licence. Detailed records must be kept, and any changes in circumstances or issues with the employees must be reported through the SMS. Employers must also be vigilant about meeting all the requirements and conditions of their sponsor licence to avoid penalties or revocation.
Seeking expert legal assistance
Given the complexity of the UK’s immigration rules, employers and prospective employees often benefit from seeking expert legal advice. Osbourne Pinner offers specialist services to assist with all aspects of sponsor licence management, including the allocation and renewal of Certificates of Sponsorship.
To date, we have aided over 1,000 UK businesses in recruiting employees from abroad, courtesy of our sponsor licence services.
For more information or to get advice that’s tailored to your specific needs, get in touch with Osbourne Pinner today. We offer a free 30-minute consultation via Zoom or face to face at our offices at Piccadilly Circus, Harrow or Canary Wharf. Call us today on 0203 983 5080. You can also email us at [email protected] or use the form below.
