Certificate of Sponsorship (CoS) for UK Employers

Q: What is Undefined Certificate of Sponsorship?

Undefined Certificate of Sponsorship are to be used for those who are already in the UK and who are lawfully able to apply under the Skilled Worker route;and for those applying under the other routes,whether in the UK or overseas.

In order for an individual to make a valid application for permission (also known as a visa) under the Skilled Worker and other sponsored work route, a sponsor must first assign a Certificate of Sponsorship (CoS) to them.

There are two types of CoS that can be assigned, a defined CoS and an undefined CoS.

What is Undefined Certificate of Sponsorship?

An Undefined Certificate of Sponsorship is used for:

those who are already in the UK and who are lawfully able to apply under the Skilled Worker route; and
for those applying under the other routes, whether in the UK or overseas.

When a sponsor initially applies for a licence, it will be asked to confirm how many CoS are required. It may also be asked to provide evidence or a detailed explanation as to why the business will need to assign that amount of CoS.

Any CoS that have not been assigned will expire after the ‘CoS year’. This date appears on the sponsor licence summary and varies depending on when the sponsor obtained its sponsor licence. Prior to this time, certain sponsors will receive an automatic new allocation. Others will be asked to anticipate the amount of CoS required for the following year and to submit a request to renew the yearly allocation.

If a sponsor fails to submit a request to renew the CoS allocation, it is possible to apply for a new allocation throughout the year. Whilst a priority service is available for sponsors that need a new allocation of CoS within the year, if the priority service is not used, the Home Office can take up to 18 weeks of processing time to complete a request for an increased allocation.

It is therefore recommended that if there is a possibility that a CoS will be required, for example if a current sponsored worker’s leave will need to be extended, the sponsor applies for a CoS allocation before April (if not renewed automatically).

What is Defined Certificate of Sponsorship?

Defined Certificate of Sponsorship are used by those who are applying from overseas.

Sponsors must make a specific application to the Home Office for a defined CoS. In many cases, the defined CoS will be granted by the Home Office within one working day but the process can take longer if the Home Office has queries or there are delays generally.

When applying for a defined CoS, the Home Office can request further information regarding the role, how the individual was identified, etc. Sponsors should therefore be prepared to provide information in relation to this.

Once a defined CoS has been granted, it must be assigned to an individual within three months or it will expire, and the process would need to be completed again.

When must a Certificate of Sponsorship be used?

A Certificate of Sponsorship must be used in an application for immigration permission within three months of the date it is assigned.

The worker who will be sponsored can submit their immigration application up to three months before the work start date as set out on the CoS.

Certificate of Sponsorship (CoS): How our immigration solicitors can help

Our immigration experts are able to provide advice and guidance in relation to applying for and assigning CoS and can provide detailed advice regarding the eligibility requirements for both a defined and undefined CoS.

If your organisation requires legal assistance to apply for a sponsor licence or would just like to discuss your situation with a member of our team please call us or complete our enquiry form below.