Certificate of Sponsorship
A Certificate of Sponsorship must meet several requirements in order to be valid.
Awards and Accreditations
Certificates of Sponsorship (CoS) are electronic records which must be assigned for each migrant worker you employ. Each CoS will have a unique reference number which enables an applicant worker to apply for a visa.
What are the main requirements for a Certificate of Sponsorship?
In order to obtain a Certificate of Sponsorship from the Home Office, a sponsoring employer will need to complete a CoS form. The CoS form will ask for information such as the job role and whether it is a Shortage Occupation or has passed the Resident Labour Market Test.
There are two types of CoS, Unrestricted and Restricted. It is the sponsoring employer’s responsibility to determine the type of CoS that is needed for the migrant worker.
Unrestricted Certificates of Sponsorship are available to individuals who are seeking to switch into the Tier 2 category from within the UK or extend their stay in the UK as a Tier 2 migrant, except those in the UK as the dependant of a Tier 4 Migrant. They are also available to those intending to fill a vacancy with a salary of at least £159,600.
Restricted Certificates of Sponsorship are for Tier 2 (General) skilled workers who are currently abroad and who will be paid less than £159,600 per year (and are not in an inward investment post), as well as family members of Tier 4 migrants who are switching to a Tier 2 visa.
What else do I need to know about Certificates of Sponsorship?
When you submit a Sponsor Licence Application you will be asked to estimate the number of unrestricted sponsorship certificates that you will need. You will need to provide evidence that you need the number of certificates applied for. There is no limit to the number of unrestricted sponsorship certificates available.
There are a limited number of restricted sponsorship certificates available each month and these need to be applied for through the Sponsorship Management System (SMS). Applications are assessed on the first working day after the 10th day of each month (the ‘allocation date’) using a points system. If you apply after the 5th day of the month then your application will be held until the next month’s allocation date. Roles on the Shortage Occupation List are prioritised, with roles which require a PhD prioritised after this. Those who have completed a Resident Labour Market Test are then prioritised, with more points awarded the higher the salary.
A CoS does not guarantee that a visa will be granted. Once you have assigned the CoS, the applicant worker will need to submit a successful visa application under the Tier 2 (General), Tier 2 (Intra-company Transfer) or Tier 5 (Temporary Worker) categories of the points-based system.
It is your responsibility, as the employer, to ensure that the applicant worker is informed when a CoS is issued.
The Certificate of Sponsorship must include the same details as stated in the applicant worker’s passport.
A CoS can only be used once and will expire if it is not used by the applicant worker within 3 months of the employer assigning it to them.
If you assign a certificate of sponsorship to a worker with a Tier 2 (General) or Tier 2 (Intra-company Transfer) visa, you may also need to pay the Immigration Skills Charge.
How our immigration lawyers can help
Our business immigration lawyers regularly assist employers to apply for and assign Certificates of Sponsorship to their workers in compliance with the requirements of the Immigration Rules and Sponsor Guidance.
Whether you require assistance with applying for an Unrestricted or Restricted Certificate of Sponsorship, or assigning a Certificate of Sponsorship via the SMS, our immigration lawyers can assist.
Call us on 0208 099 7560, complete the online contact form or email us at [email protected] to learn more about how we can help your business remain in compliance with UK immigration law.
See also:
UK Immigration Frequently Asked Questions
Our team of UK immigration lawyers will handle your case promptly and diligently until you achieve the desired outcome. Your dedicated UK immigration attorney will provide you with an estimated processing period for your case and keep you informed through each stage of the UK visa process. To expedite the processing of your application, we will ensure that your forms are meticulously completed and that you provide sufficient supporting documentation.
However, please note that the UKVI processing time depends on several factors including the volume of cases the UKVI is receiving and whether there are any priority programs where UKVI gives precedence to applicants from war torn countries or countries affected by natural disasters.
We can offer a fast-track service if your application is time sensitive. Please schedule a consultation to learn more about this package and all the services provided by our immigration lawyers.
Hiring one of our qualified UK immigration attorneys can offer several benefits when applying for a visa. Here are some of the advantages:
- Expertise and Knowledge: Our UK immigration attorneys specialize in all aspects of UK immigration law and are well-versed in the complexities of the UK visa application process. They stay updated with the latest changes in immigration laws and regulations, ensuring that your application is accurate and compliant.
- Personalized Advice: Our immigration attorneys can assess your specific circumstances, understand your immigration goals, and provide tailored advice based on your situation. They can determine the most suitable visa category for you, explain the requirements, and help you gather the necessary supporting documents.
- Application Preparation: Immigration lawyers can assist you in completing and organizing your visa application. They have experience in preparing the necessary paperwork, filling out forms correctly, and ensuring that all required documentation is included. This can help reduce the chances of errors or omissions that could lead to delays or a rejected application.
- Increased Approval Chances: With their expertise, our qualified UK immigration lawyers can identify any potential weaknesses or issues in your application and address them proactively. They can highlight your qualifications, skills, and experiences effectively to demonstrate your eligibility for the visa. This can increase your chances of a successful application.
- Legal Representation: If your visa application is complex or encounters challenges, having one of our skilled immigration lawyers on your side can be invaluable. They can communicate with the UK Home Office or immigration authorities on your behalf, prepare detailed and persuasive legal submissions and provide guidance throughout the process.
Time and Stress Management: Navigating the UK visa application process can be time-consuming and overwhelming, especially if you are unfamiliar with the requirements. By hiring one of our immigration lawyers, you can offload the paperwork, legal aspects, and administrative tasks to them, allowing you to focus on other important matters.
Our experienced UK immigration attorneys provide specialist legal advice and representation on all aspects of UK immigration law, to individuals and businesses. Our services can be classified as:
- Initial Immigration Consultations
- Immigration Application Preparation and Submission (Full Representation)
- Immigration Application Checking Service
- Sponsor License Applications and Corporate Immigration Services
Regardless of the service you require, you can be assured that you will have direct access to a specialist UK immigration lawyer who has an in-depth understanding of UK immigration law and procedure. Our flexible services are delivered professionally and are tailored to your individual situation. Please schedule a consultation to learn more about our cost-effective UK immigration solutions and the services provided by our immigration lawyers.