Undefined Certificates of Sponsorship: At a Glance
An Undefined Certificate of Sponsorship (Undefined CoS) is the type of Certificate of Sponsorship used for Skilled Workers applying for permission to stay in the UK and for workers sponsored under other eligible Worker and Temporary Worker routes.
For employers, managing Undefined CoS is closely linked to workforce planning. The certificate has to be assigned from the organisation’s available annual CoS allocation, so a shortage of available certificates can delay recruitment, extensions, changes of employment and other sponsorship activity.
The correct CoS type depends on the worker’s immigration route and the application being made. A Skilled Worker applying for entry clearance from outside the UK requires a Defined Certificate of Sponsorship, while a Skilled Worker applying for permission to stay from within the UK generally requires an Undefined CoS.
Undefined CoS are also used for workers sponsored under other Worker and Temporary Worker routes, including where the worker is applying for entry clearance, permission to enter or permission to stay, subject to the requirements of the relevant route.
Before assigning an Undefined CoS, the employer needs sufficient allocation available through the Sponsor Management System (SMS) and should confirm that the worker, role and sponsorship arrangements meet the relevant requirements.
Using the wrong type of CoS can create serious sponsor compliance issues. Home Office sponsor guidance states that it will normally revoke a sponsor licence where a sponsor assigns an Undefined CoS to a Skilled Worker who should have been assigned a Defined CoS.
Employers should therefore manage Undefined CoS as part of their wider sponsorship governance, with clear oversight of allocation, future demand and individual sponsorship decisions.
This guide explains when employers need an Undefined CoS, how annual allocations work, how to request additional certificates, what happens to unused allocation, how to manage urgent requirements and how to avoid common compliance and workforce-planning problems.
Section A: What is an Undefined Certificate of Sponsorship?
An Undefined Certificate of Sponsorship is an electronic sponsorship record assigned by a licensed sponsor to an eligible worker under a sponsored Worker or Temporary Worker route.
The term “Undefined” describes how the certificate is managed within the sponsorship system. It does not mean that the certificate is incomplete, provisional or unrestricted.
Unlike a Defined Certificate of Sponsorship, an Undefined CoS is assigned from the sponsor’s annual CoS allocation. The employer can assign certificates from its available allocation where a valid sponsorship requirement exists and the relevant immigration and sponsor requirements are satisfied.
A Certificate of Sponsorship is not a physical certificate or immigration document. Once assigned, it generates a unique reference number which the worker uses when making the relevant immigration application.
The allocation provides the employer with capacity to assign certificates; it does not approve individual workers, roles or immigration applications in advance.
Before assigning an Undefined CoS, the sponsor should confirm matters including the immigration route, the worker’s circumstances, the proposed role, the occupation code, salary requirements, working arrangements and any other route-specific sponsorship conditions.
1. What does “Undefined” mean?
The distinction between Defined and Undefined Certificates of Sponsorship relates to both the type of immigration application being made and the way the certificate becomes available to the sponsor.
For Skilled Workers:
- a Skilled Worker applying for entry clearance from outside the UK requires a Defined CoS; and
- a Skilled Worker applying for permission to stay from within the UK requires an Undefined CoS.
Undefined CoS are also used for workers sponsored under other Worker and Temporary Worker routes, whether the worker is applying for entry clearance, permission to enter or permission to stay, subject to the requirements of the relevant route.
Employers should therefore avoid using “Undefined” as shorthand for “a CoS for someone already in the UK”. The classification depends on the immigration route and the type of application being made.
The correct approach is to establish the worker’s route and application circumstances before deciding which type of Certificate of Sponsorship is required.
2. Is an Undefined CoS a physical certificate?
No. Like all Certificates of Sponsorship, an Undefined CoS is an electronic record created and assigned through the Sponsor Management System.
Once assigned, the worker receives the CoS reference number needed for their immigration application.
The certificate contains information about the worker and proposed employment, including details relating to the role, occupation code, salary, working hours and employment dates.
The information entered by the sponsor should accurately reflect the proposed employment and the requirements of the relevant immigration route.
The Certificate of Sponsorship forms part of the sponsor’s compliance record. Errors in assignment can affect the worker’s immigration application and may raise sponsor compliance concerns.
3. Does having an Undefined CoS allocation mean a worker has been approved?
No. An Undefined CoS allocation gives the sponsor capacity to assign certificates where valid sponsorship requirements arise. It does not amount to advance approval of individual workers, vacancies or immigration applications.
For example, an employer with an allocation of ten Undefined CoS has the capacity to assign up to ten certificates during the relevant allocation period, subject to the applicable sponsorship requirements. It does not mean UKVI has approved ten workers or ten roles in advance.
Before each assignment, the sponsor remains responsible for establishing that the individual sponsorship is permitted and that the worker, role and proposed employment satisfy the relevant requirements.
The distinction is central to effective CoS management: allocation provides sponsorship capacity; assignment creates the individual sponsorship record.
Section B: When is an Undefined CoS Required?
Whether an employer needs a Defined or Undefined Certificate of Sponsorship depends on the immigration route being used and, for Skilled Workers, whether the relevant application is for entry clearance from outside the UK or permission to stay from within the UK.
The distinction should be checked before the sponsor starts the assignment process.
A Skilled Worker applying for permission to stay from within the UK requires an Undefined CoS. This can include eligible extension applications, changes of employment and applications to switch into the Skilled Worker route.
Undefined CoS are also used for workers sponsored under other Worker and Temporary Worker routes, whether they are applying for entry clearance, permission to enter or permission to stay, subject to the requirements of the relevant route.
This means the employer should not determine the CoS type solely by asking where the worker is physically located.
Instead, before assigning a certificate, the sponsor should establish:
- which sponsored immigration route the worker will use;
- what type of immigration application the worker will make;
- whether the application is for entry clearance, permission to enter or permission to stay;
- whether the worker is eligible to make that application in the circumstances; and
- whether the relevant sponsor guidance requires a Defined or Undefined CoS.
Only once those points have been established should the employer proceed to assign the certificate.
1. Skilled Worker applications made from within the UK
A Skilled Worker who is applying for permission to stay in the UK requires an Undefined CoS.
This can arise in several common employer scenarios, including where an existing Skilled Worker requires further permission, where a sponsored worker is changing employer or where an individual in another immigration category intends to switch into the Skilled Worker route from within the UK.
The fact that an Undefined CoS is the correct certificate type for an in-country Skilled Worker application does not mean that every person who is physically present in the UK is permitted to switch into the Skilled Worker route.
The worker must separately be eligible to make the proposed application from within the UK.
Employers should therefore distinguish between two separate questions:
Which type of CoS does this application require?
and
Is the worker permitted to make this application from within the UK?
An Undefined CoS answers the first question. It does not determine the second.
Where the worker cannot validly make the relevant application from within the UK, assigning an Undefined CoS will not overcome that restriction.
2. Skilled Worker extensions
An existing Skilled Worker who needs to apply for further permission to stay with the same sponsor will require an Undefined CoS where a new Certificate of Sponsorship is required for the application.
Employers should therefore include forthcoming Skilled Worker extension cases when forecasting their Undefined CoS requirements.
This is particularly important for sponsors with larger sponsored populations. Immigration expiry dates can create predictable periods of increased CoS demand, and failure to account for these cases can leave the organisation without sufficient allocation when extension applications need to be made.
The employer should not assume that the existence of the original CoS or the worker’s existing sponsored status removes the need to complete the relevant sponsorship checks for the new application.
The proposed employment must continue to satisfy the applicable sponsorship and immigration requirements at the time of the new application.
3. Skilled Workers changing employer
A Skilled Worker moving to a different licensed sponsor will generally need to make a new Skilled Worker application before starting the new sponsored employment.
Where that application is an eligible application for permission to stay from within the UK, the new sponsor will need to assign an Undefined CoS.
The new employer should carry out its own sponsorship assessment. It should not rely on the fact that the worker has previously been sponsored by another organisation as evidence that the new role automatically qualifies.
The new sponsor needs to confirm the eligibility of the proposed role, occupation code, salary and other relevant requirements before assigning the Undefined CoS.
4. Workers switching into the Skilled Worker route
An individual who is already in the UK under another immigration category may, depending on their existing status and circumstances, be eligible to switch into the Skilled Worker route.
Where the individual is permitted to make the Skilled Worker application from within the UK, the sponsoring employer will require an Undefined CoS.
Again, the availability of an Undefined CoS does not establish that the individual is eligible to switch.
The employer and worker need to consider the switching rules separately from the question of which CoS type is required.
This distinction can be important where an employer identifies an individual already working for the organisation under another immigration status and wishes to move them onto sponsored employment.
5. Other Worker routes
Undefined CoS are not limited to the Skilled Worker route.
Workers sponsored under other Worker routes use Undefined CoS whether they are applying for entry clearance, permission to enter or permission to stay, subject to the requirements of the relevant route.
This is an important distinction for employers operating across several sponsored immigration categories.
A business should not assume that an overseas worker automatically requires a Defined CoS merely because the individual is applying from outside the UK.
The Defined CoS system applies specifically to Skilled Worker entry clearance applications. Other sponsored routes use Undefined CoS in accordance with their relevant sponsorship requirements.
The employer should therefore check the requirements of the particular immigration route rather than applying the Skilled Worker Defined-versus-Undefined distinction across the entire sponsorship system.
6. Temporary Worker routes
Undefined CoS are also used under the Temporary Worker routes.
The precise sponsorship requirements depend on the route concerned, and employers should ensure that their sponsor licence covers the relevant route before attempting to sponsor the worker.
Where an organisation sponsors workers across different Worker and Temporary Worker categories, its Undefined CoS requirements should be planned by reference to those routes and its expected sponsorship activity.
This is particularly important when considering annual Undefined CoS requirements because the organisation’s allocation needs may extend beyond its Skilled Worker population.
7. Extensions, switching and changes of employment
Undefined CoS frequently become relevant where an employer is dealing with an existing worker rather than recruiting a new Skilled Worker directly from overseas.
Examples can include:
- a sponsored worker applying for further permission;
- a Skilled Worker changing sponsor;
- a Skilled Worker moving to a new role where a new immigration application is required;
- an eligible person switching into the Skilled Worker route from another immigration category; and
- workers requiring sponsorship under other Worker or Temporary Worker routes.
Each case should be assessed on its own circumstances.
Employers should not assume that an existing employee can simply continue working because the organisation already holds a sponsor licence or because the employee has previously been sponsored.
Where a new immigration application requires a new Certificate of Sponsorship, the sponsor needs to identify the correct CoS type, ensure that the proposed role remains eligible and assign the appropriate certificate before the worker makes the application.
For employers managing larger sponsored populations, these cases can create significant demand for Undefined CoS during the year. Extensions, changes of employment and planned switching cases should therefore form part of the organisation’s CoS allocation forecasting rather than being treated as unexpected administrative events.
Section C: Defined or Undefined CoS: Which Does the Worker Need?
Before assigning a Certificate of Sponsorship, the employer needs to determine whether the worker requires a Defined or Undefined CoS.
For Skilled Worker applications, the distinction depends principally on whether the worker is applying for entry clearance from outside the UK or for permission to stay from within the UK.
A Skilled Worker applying for entry clearance from outside the UK requires a Defined Certificate of Sponsorship.
A Skilled Worker applying for permission to stay from within the UK requires an Undefined Certificate of Sponsorship.
For other sponsored Worker and Temporary Worker routes, sponsors use Undefined CoS whether the worker is applying for entry clearance, permission to enter or permission to stay, subject to the requirements of the relevant route.
| Worker/application | CoS type required |
|---|---|
| Skilled Worker applying for entry clearance from outside the UK | Defined CoS |
| Skilled Worker applying for permission to stay from within the UK | Undefined CoS |
| Skilled Worker applying to extend permission from within the UK | Undefined CoS |
| Skilled Worker changing sponsor and making an eligible application from within the UK | Undefined CoS |
| Eligible applicant switching into the Skilled Worker route from within the UK | Undefined CoS |
| Worker sponsored under another Worker route | Undefined CoS |
| Worker sponsored under a Temporary Worker route | Undefined CoS |
The table provides a starting point rather than a substitute for checking the relevant immigration route and application circumstances.
In particular, an employer should not assign an Undefined CoS merely because the prospective worker happens to be physically present in the UK. The sponsor needs to establish that the individual is making an application for which an Undefined CoS is appropriate and that the worker is eligible to make that application from within the UK.
Likewise, an employer should not assume that every sponsored worker applying from overseas requires a Defined CoS. The Defined CoS system applies specifically to Skilled Worker entry clearance applications. Workers applying under other sponsored routes use Undefined CoS in accordance with the requirements of those routes.
Where there is uncertainty, the correct CoS type should be established before assignment. Using the wrong certificate is not simply an administrative error and can have serious consequences for the sponsor.
1. Why does the Defined or Undefined distinction matter?
Defined and Undefined Certificates of Sponsorship are obtained and managed differently.
Undefined CoS must be assigned from the sponsor’s annual CoS allocation. The sponsor assigns certificates from its available allocation as qualifying sponsorship requirements arise.
Defined CoS are not drawn from the sponsor’s annual Undefined CoS allocation. Instead, the sponsor has to request a Defined CoS through the Sponsor Management System for the relevant Skilled Worker sponsorship requirement before it can be assigned.
This means that a sponsor may have Undefined CoS available in its SMS but still be unable to use them for a Skilled Worker who requires a Defined CoS.
The reverse is also true. Approval of a Defined CoS for a particular Skilled Worker does not provide the sponsor with additional Undefined CoS allocation for workers who require Undefined certificates.
Sponsors should therefore treat the two processes separately within their sponsorship procedures.
2. Can an Undefined CoS be used instead of a Defined CoS?
No. An employer should not use an Undefined CoS simply because one is already available where the worker is required to have a Defined CoS.
The Home Office treats misuse of the two categories seriously. Where a sponsor assigns an Undefined CoS to a Skilled Worker who should have been assigned a Defined CoS, Home Office sponsor guidance states that it will normally revoke the sponsor licence.
This makes the Defined-versus-Undefined check an important compliance control before CoS assignment.
For organisations with several Level 1 Users, the internal process should make clear that the availability of an Undefined certificate in the SMS does not establish that it is the correct type for the proposed worker.
The person responsible for the sponsorship case should first confirm the immigration route and application circumstances before the certificate is assigned.
3. Can a Defined CoS be taken from an Undefined CoS allocation?
No. Defined and Undefined CoS operate through separate processes.
A Defined CoS required for a Skilled Worker entry clearance application has to be requested through the Defined CoS process. The sponsor cannot convert an available Undefined CoS into a Defined CoS simply because it has spare annual allocation.
Similarly, an approved Defined CoS does not increase the sponsor’s Undefined CoS allocation.
This distinction is particularly important for employers recruiting both Skilled Workers from overseas and workers who are already in the UK. The organisation may need to manage Defined CoS requests and its Undefined CoS allocation simultaneously.
4. Does being outside the UK always mean a Defined CoS is required?
No. This is one of the most important distinctions for employers to understand.
A Defined CoS is required where a Skilled Worker is applying for entry clearance from outside the UK.
It does not follow that every worker applying from outside the UK needs a Defined CoS.
Workers sponsored under other Worker and Temporary Worker routes use Undefined CoS, including where the relevant application is being made from overseas, subject to the requirements of the particular route.
The decision should therefore be based on both the immigration route and the type of application rather than the worker’s location alone.
5. Defined or Undefined CoS decision check
Before assigning a Certificate of Sponsorship, employers can apply the following decision process:
- Identify the immigration route. Confirm the route under which the worker will be sponsored.
- Is the worker applying under the Skilled Worker route? If not, the sponsorship will use an Undefined CoS, subject to the requirements of the relevant Worker or Temporary Worker route.
- If Skilled Worker, is the application for entry clearance from outside the UK? If yes, a Defined CoS is required.
- If Skilled Worker, is the application for permission to stay from within the UK? If yes, an Undefined CoS is required, provided the worker is eligible to make the application from within the UK.
- Confirm the worker’s eligibility separately. Identifying the correct CoS type does not establish that the worker satisfies the immigration requirements.
- Only then proceed to the relevant CoS process. For an Undefined CoS, check available annual allocation. For a Defined CoS, follow the Defined CoS request process.
This decision should ideally be documented as part of the employer’s internal sponsorship approval process.
For sponsors handling substantial numbers of cases, recording the route, application type and resulting CoS classification before assignment provides a clear audit trail and reduces the risk of a Level 1 User selecting the wrong certificate type.
Section D: How Do Employers Get Undefined Certificates of Sponsorship?
Unlike Defined CoS, which are requested for individual Skilled Worker entry clearance cases, Undefined CoS are made available to sponsors through an annual allocation.
Undefined CoS must be assigned from this allocation. The allocation represents the number of Undefined CoS that the organisation is permitted to assign during the relevant allocation period.
A sponsor may obtain Undefined CoS through:
- the allocation granted following a sponsor licence application;
- an annual allocation made available for a subsequent CoS year; or
- an additional allocation requested during the year where the existing number is insufficient.
The number of certificates available should not be viewed as an entitlement to sponsor that number of workers regardless of their circumstances.
Each CoS still has to be assigned for a genuine and eligible sponsorship case.
The allocation gives the sponsor the administrative capacity to assign Undefined CoS when valid sponsorship requirements arise. It does not amount to advance approval of the workers, roles or immigration applications for which those certificates may subsequently be used.
1. Initial Undefined CoS allocation when applying for a sponsor licence
When applying for a sponsor licence, an organisation is asked to estimate the number of Undefined CoS it expects to need during its first year on the relevant routes.
The employer should base this figure on a realistic assessment of its expected sponsorship requirements.
Depending on the organisation, this could include anticipated recruitment under sponsored routes, existing workers who are expected to require sponsorship and other identifiable sponsorship requirements during the relevant period.
The figure requested should be capable of explanation and justification.
For example, an employer expecting to recruit several sponsored workers should be able to explain the roles concerned, why sponsorship is expected to be necessary and how the requested number relates to its genuine recruitment and workforce plans.
An organisation should not simply request a large number of Undefined CoS on the basis that additional certificates might be useful later.
UKVI can scrutinise the requested number and may seek further information where it is not satisfied that the proposed allocation has been adequately justified.
2. How does UKVI decide the number of Undefined CoS?
UKVI is not required simply to grant the number requested by the sponsor.
When considering an allocation, the Home Office can consider a range of factors relevant to the organisation, its sponsorship history and its proposed use of the certificates.
These can include matters such as:
- the number of people employed by the organisation;
- the nature and extent of the organisation’s business or activities;
- the organisation’s trading or operating history;
- its previous dealings with UKVI;
- its previous use of sponsorship;
- its sponsor compliance history;
- the organisation’s recruitment arrangements, including the use of recruitment agents where relevant;
- the nature of the anticipated sponsorship requirement; and
- whether the requested allocation appears credible in the circumstances.
In practical terms, employers should also be prepared to explain the workforce requirement underlying the number they have requested.
This may involve identifying expected vacancies, forthcoming extension cases, planned recruitment or business developments which are expected to create additional sponsorship requirements.
The extent of scrutiny will depend on the circumstances.
A request from an established sponsor with a clear and consistent pattern of sponsored recruitment may present differently from a substantial increase requested by an organisation whose previous sponsorship activity has been limited.
The practical issue for employers is therefore not simply:
How many Undefined CoS would be convenient to have?
The better question is:
How many Undefined CoS can the organisation reasonably demonstrate that it expects to need?
That distinction becomes particularly important where an employer requests a significant initial allocation or a substantial increase during the year.
3. Can UKVI grant fewer Undefined CoS than requested?
Yes. UKVI can grant a lower allocation than the number requested where it is not satisfied that the full amount has been justified.
Depending on the circumstances, UKVI can limit the number granted, including granting no Undefined CoS allocation.
This does not necessarily mean that the organisation will be unable to sponsor workers throughout the entire allocation year.
If a genuine sponsorship requirement subsequently arises, the sponsor may be able to request additional Undefined CoS through the Sponsor Management System.
It can, however, create a practical delay.
An employer that intends to sponsor a worker but has no available Undefined CoS cannot simply proceed with the assignment. It must first obtain sufficient allocation.
This is why CoS allocation should form part of workforce planning rather than only being checked when an immigration application becomes urgent.
4. Can an Undefined CoS allocation request be questioned by UKVI?
Yes. UKVI may seek further information where it needs additional evidence or explanation to determine whether the requested allocation is justified.
The sponsor should be able to explain how the requested number relates to its genuine sponsorship requirements.
Depending on the circumstances, this could involve explaining:
- the number and nature of expected vacancies;
- existing sponsored workers expected to require further sponsorship;
- anticipated recruitment activity;
- business growth or expansion;
- new projects or contracts;
- changes in the organisation’s workforce requirements; and
- the basis on which the requested number has been calculated.
The information provided should be accurate and consistent with the organisation’s sponsor licence records and with information previously supplied to the Home Office.
An allocation request can therefore have a wider compliance dimension. If the explanation reveals significant organisational changes that should already have been reported through the SMS, the sponsor may need to address those reporting obligations separately.
5. Does having an Undefined CoS allocation mean it can be used for any worker?
No. An allocation does not amount to advance Home Office approval of individual workers, roles or immigration applications.
Before assigning an Undefined CoS, the sponsor remains responsible for establishing that the particular sponsorship is permitted.
Among other matters, the employer may need to confirm:
- that it is licensed for the relevant sponsorship route;
- that the worker requires an Undefined rather than Defined CoS;
- that the worker is eligible to make the intended immigration application;
- that the role is eligible for sponsorship;
- that the correct occupation code is being used;
- that the applicable skill and salary requirements are satisfied;
- that the employment details entered on the CoS are accurate;
- that any route-specific sponsorship requirements are met; and
- that the organisation is complying with its wider sponsor duties.
The worker will also need to satisfy the requirements of the relevant immigration route when making their application.
An Undefined CoS allocation should therefore be understood as capacity to assign certificates where valid sponsorship requirements arise, rather than advance approval to recruit a particular number of migrant workers.
6. Can a sponsor request an Undefined CoS allocation just in case it is needed?
Sponsors should base allocation requests on genuine anticipated sponsorship requirements rather than speculative demand.
This does not mean that an employer must already have identified every individual worker before requesting allocation. Workforce planning inevitably involves a degree of forecasting.
However, the organisation should be able to demonstrate a rational connection between the number requested and its expected sponsorship activity.
For example, historic recruitment patterns, known vacancies, scheduled extensions, approved headcount, expansion plans or identifiable projects may all contribute to a credible forecast.
Requesting a substantially inflated number without a clear business basis can make the allocation more difficult to justify and may result in further scrutiny.
Section E: How Does the Undefined CoS Annual Allocation Work?
Undefined Certificates of Sponsorship must be assigned from the sponsor’s annual CoS allocation.
The allocation determines how many Undefined CoS the organisation can assign during the relevant allocation period. Each time the sponsor assigns an Undefined CoS, the available balance is reduced.
For employers with an established sponsored workforce, allocation management should form part of annual immigration and workforce planning.
A sponsor that waits until a worker’s immigration permission is approaching expiry before checking its available allocation can find that it does not have a CoS available when it needs one.
The organisation should therefore monitor both its current available balance and its expected future requirements.
1. What is the CoS allocation year?
An Undefined CoS allocation applies to a particular CoS year.
Sponsors should check the start and end dates of the allocation shown in their Sponsor Management System rather than assuming that the relevant period corresponds with the calendar year, financial year or another internal business reporting period.
This can be particularly important where an organisation is licensed under multiple sponsorship routes. The employer should work from the allocation information recorded in the SMS for the relevant route and period.
The distinction matters when planning recruitment and immigration activity.
An organisation may, for example, have several sponsored workers whose extensions are expected during the same allocation year, alongside new recruitment and other cases requiring sponsorship.
Those requirements need to be considered against the number of Undefined CoS available during the relevant period.
2. What happens to unused Undefined CoS?
Unused Undefined CoS cannot be carried forward into the next CoS year.
Any unused certificates remaining within the allocation at the end of the relevant allocation year are removed.
This means an organisation cannot build up a stock of unused Undefined CoS over successive years.
The allocation should instead reflect the sponsor’s genuine expected requirements for the relevant period.
Employers should therefore review their allocation before the end of the CoS year and consider their likely requirements for the following period.
This is particularly important for organisations with seasonal recruitment patterns, planned expansion or a significant number of sponsored workers whose immigration permission will require action during the next allocation year.
3. Can unused Undefined CoS be carried forward?
No. Unused Undefined CoS cannot be carried forward into the next CoS year.
Where certificates remain unused when the relevant allocation year ends, they are removed rather than added to the sponsor’s subsequent annual allocation.
The number available during the next CoS year will depend on the allocation made available to the organisation for that period.
For workforce planning purposes, employers should therefore distinguish between:
- current available allocation – the number of Undefined CoS that can presently be assigned; and
- future expected requirement – the number of Undefined CoS the organisation expects to need during the next allocation period.
A large unused balance in the current year does not mean that the same number will be available in the following year.
4. How does an automatic annual allocation work?
Certain eligible sponsors can receive an automatic allocation of Undefined CoS for their next CoS year.
Automatic allocation is not simply a renewal of the total number of certificates the organisation held during the previous year.
Where the automatic allocation process applies, the number made available is based on the number of Undefined CoS the sponsor actually assigned during the previous CoS year.
This can produce an important practical consequence for employers.
If an organisation had an allocation of 15 Undefined CoS but assigned only 10 during the relevant year, it should not assume that another 15 will automatically be made available. An automatic allocation based on previous usage would instead reflect the 10 certificates actually assigned.
The sponsor should therefore check its new allocation when it becomes available and compare it against its forthcoming sponsorship requirements.
This is particularly important where recruitment demand is expected to increase during the new allocation year.
5. Which sponsors can receive an automatic annual allocation?
Automatic allocation depends on the sponsor satisfying the relevant Home Office requirements.
Under the current sponsor guidance, this includes the licence being A-rated and the current annual allocation being marked as active in the Sponsor Management System, as well as the sponsor being licensed on a route eligible for automatic allocation.
Employers should not therefore assume that an allocation will automatically renew merely because they held Undefined CoS during the previous year.
The sponsor should check its SMS and the current Home Office guidance to establish how its next allocation will be managed.
6. Which routes are excluded from automatic annual allocation?
Automatic annual allocation does not apply to every sponsored route.
Under the current Home Office sponsor guidance, the following routes are excluded from the automatic annual allocation process:
- Seasonal Worker;
- Secondment Worker;
- Service Supplier; and
- UK Expansion Worker.
Sponsors operating across several immigration routes should therefore avoid assuming that the same allocation process applies to every part of their sponsored workforce.
The relevant route requirements and the organisation’s actual SMS allocation should be checked when planning future sponsorship.
7. What is a manual or follow-on allocation request?
Where the sponsor does not qualify for automatic annual allocation, it may need to submit a manual or follow-on allocation request through the Sponsor Management System for the next CoS year.
A manual follow-on request can be submitted up to three months before the end of the sponsor’s current CoS year.
This gives employers an opportunity to consider their forthcoming sponsorship requirements before the existing allocation period expires.
The sponsor should use this period to assess matters such as:
- existing sponsored workers likely to require further sponsorship;
- planned recruitment;
- known changes of employment;
- anticipated switching cases;
- business expansion;
- new projects or contracts; and
- historic sponsorship usage.
Leaving the follow-on request until the existing allocation is close to expiry can create unnecessary operational risk, particularly where the organisation expects to need Undefined CoS early in the next allocation period.
8. What if the automatic allocation is too low?
An automatic allocation does not necessarily represent the maximum number of workers the organisation can sponsor during the year.
If the number made available is insufficient to meet a genuine sponsorship requirement, the sponsor can request an increase to its Undefined CoS allocation through the Sponsor Management System.
The employer should make the request before it needs to assign the additional certificates wherever possible.
This is particularly important where the organisation knows that its sponsorship requirement will increase because of:
- planned recruitment;
- business expansion;
- new contracts or projects;
- sponsored workers approaching extension dates;
- anticipated changes of employment;
- eligible workers switching into sponsored routes; or
- other identifiable workforce requirements.
The fact that additional CoS can be requested does not mean that an increase will automatically be approved.
The sponsor needs to be able to demonstrate why the additional allocation is genuinely required.
9. Should employers monitor allocation throughout the year?
Yes. Undefined CoS allocation should be monitored throughout the CoS year rather than reviewed only when a worker is ready to make an immigration application.
A useful internal process should compare:
- the original annual allocation;
- the number of Undefined CoS already assigned;
- the remaining available balance;
- known forthcoming extension cases;
- confirmed sponsored recruitment;
- anticipated recruitment requirements; and
- the expected timing of future sponsorship cases.
This allows the employer to identify a potential shortage before the allocation reaches zero.
For larger sponsors, allocation monitoring can form part of regular sponsor licence governance reporting to the Authorising Officer or the individuals responsible internally for immigration compliance.
Section F: What if You Need More Undefined CoS?
If an employer does not have enough Undefined CoS available for its expected sponsorship requirements, it can request an increase to its allocation through the Sponsor Management System.
An in-year increase can be requested where a genuine additional sponsorship requirement arises.
A sponsor is not restricted to making only one increase request during the allocation year. Further requests can be made where additional genuine requirements subsequently arise, although each request should be properly justified.
Employers should avoid waiting until a worker urgently needs to make an immigration application before considering whether sufficient allocation is available.
Where the sponsor has no available Undefined CoS, it cannot assign another certificate until additional allocation has been made available.
A delay in obtaining the allocation can therefore affect recruitment start dates, extension applications, changes of employment and other immigration deadlines.
1. How do you request additional Undefined CoS?
An authorised Level 1 User can submit an allocation increase request through the Sponsor Management System.
The sponsor will need to identify the relevant route, state the number of additional Undefined CoS required and provide reasons for the request.
The organisation should be prepared to explain why it needs the additional allocation.
The strength and specificity of that explanation can be important.
A request stating only that the business expects to recruit more people provides limited information for UKVI to assess whether the requested number is reasonable.
A stronger request connects the number sought to an identifiable workforce requirement.
Depending on the circumstances, this could include:
- specific vacancies the organisation expects to fill;
- existing sponsored workers approaching extension dates;
- planned recruitment campaigns;
- business growth creating additional roles;
- new projects or contracts requiring additional personnel;
- expected changes of employment requiring new sponsorship;
- eligible workers expected to switch into sponsored routes; or
- other credible reasons why additional sponsored workers will be required.
The objective is to show how the requested number has been calculated and why it reflects the organisation’s genuine expected sponsorship activity.
2. What justification should an employer provide?
The justification should be specific enough to allow UKVI to understand the business need behind the request.
For example, an employer seeking ten additional Undefined CoS should ideally be able to explain why approximately ten sponsorship cases are expected rather than simply stating that certificates are required for future recruitment.
The explanation may need to address matters such as:
- the roles concerned;
- the number of vacancies;
- why those vacancies have arisen;
- expected recruitment timescales;
- existing workers requiring further sponsorship;
- anticipated business growth;
- relevant contracts or projects;
- historic sponsored recruitment patterns; and
- how the requested number was calculated.
The appropriate level of detail will depend on the size and circumstances of the request.
A large increase that appears inconsistent with the organisation’s previous sponsorship activity may attract greater scrutiny than a modest request corresponding with an established pattern of recruitment.
3. What evidence may UKVI require?
UKVI may ask the sponsor to provide further information or evidence in support of an allocation request.
The relevant evidence will depend on the reason for the additional CoS.
It could include information relating to the organisation’s recruitment requirements, workforce, vacancies, contracts, business activities or other circumstances relied on to justify the request.
Sponsors should ensure that any evidence provided is consistent with information already held by the Home Office and with the organisation’s sponsor licence records.
An allocation request can expose wider compliance issues if, for example, the organisation’s explanation of its current operations conflicts with information previously provided to UKVI or reveals changes that should have been reported through the SMS.
For this reason, employers should approach substantial allocation requests as a sponsor compliance exercise rather than simply an administrative application for more certificates.
4. Can you request additional Undefined CoS more than once?
Yes. An employer can make further in-year allocation requests where additional genuine sponsorship requirements arise.
This can be important for organisations whose workforce requirements change significantly during the year.
For example, an employer may obtain an additional allocation to support a planned recruitment exercise and subsequently win a new contract that creates a further genuine requirement for sponsored workers.
The organisation can make another allocation request, but it should be able to justify the additional number sought and explain the change in circumstances where relevant.
Repeated requests may also indicate that the organisation’s sponsorship forecasting needs improvement. Employers experiencing regular allocation shortages should consider reviewing their annual forecasting and internal CoS management procedures.
5. Why can additional Undefined CoS requests be delayed?
Additional allocation requests are not necessarily approved immediately.
UKVI may need to consider whether the requested number is justified and may require further information before making a decision.
Processing time becomes particularly important where the employer has left the request until shortly before a worker needs to submit an immigration application.
A sponsor should therefore avoid building its immigration processes around the assumption that additional allocation will always be available at short notice.
Where future requirements can reasonably be anticipated, requesting sufficient allocation in advance can reduce the risk of a CoS shortage becoming an immigration deadline problem.
6. Can an Undefined CoS allocation request be expedited?
Eligible sponsors may be able to request priority consideration of certain sponsor management requests through the Home Office Worker and Temporary Worker priority change of circumstances service.
Under the current priority arrangements, eligible requests include additional CoS allocation and annual CoS allocation requests. For an additional CoS allocation request, the priority service applies to Undefined CoS rather than Defined CoS.
The service is subject to eligibility requirements, availability and the current Home Office process. The sponsor generally needs to be an A-rated, fully active Worker or Temporary Worker sponsor and to have submitted the relevant request through the SMS before seeking priority consideration.
Specific exclusions also apply to certain post-licence requests and routes, including UK Expansion Worker, Service Supplier and Secondment Worker cases.
Employers should check the current priority service requirements before relying on expedited processing.
Where an Undefined CoS is required urgently, the employer should establish:
- whether the additional allocation request has been submitted correctly;
- whether the sponsor satisfies the current priority service eligibility requirements;
- whether the relevant type of request is eligible for priority consideration;
- whether priority capacity is available;
- whether UKVI is likely to require supporting information; and
- whether the worker has an immigration deadline affecting the timetable.
The priority process should be treated as a potential means of accelerating an eligible request rather than as a substitute for forward allocation planning.
7. Can a B-rated sponsor request additional Undefined CoS?
A B-rated sponsor is subject to restrictions on obtaining additional CoS.
Where a sponsor has been downgraded to a B-rating and is operating under a Home Office action plan, additional CoS will generally only be granted in restricted circumstances, including where existing sponsored workers need to extend their permission to continue working for the same sponsor.
A B-rated sponsor should not therefore assume that it can obtain additional Undefined CoS to support ordinary new recruitment in the same way as an A-rated sponsor.
The organisation should consider both its immediate worker requirements and the underlying sponsor compliance issues that resulted in the downgrade.
Where a B-rated sponsor has an urgent requirement for additional CoS, the relevant restrictions should be checked before recruitment or immigration deadlines are allowed to depend on additional allocation being granted.
Section G: How Many Undefined CoS Should an Employer Request?
The number of Undefined Certificates of Sponsorship an employer should request should be based on a realistic forecast of its expected sponsorship requirements.
There is no single number or formula that will be appropriate for every sponsor.
A business with a stable sponsored workforce and predictable extension dates may be able to forecast its requirements relatively accurately. An organisation experiencing rapid growth, opening new operations or recruiting continuously into hard-to-fill roles may need to account for a less predictable recruitment pipeline.
The objective is to request enough Undefined CoS to meet genuine anticipated requirements without seeking an allocation that the organisation would struggle to justify.
For employers, this creates a balance.
Requesting too few certificates can result in operational delays if the organisation runs out of allocation. Requesting substantially more than the business can credibly demonstrate it needs may result in UKVI questioning the basis of the request or seeking further information.
A structured forecasting process can help sponsors reach a defensible figure.
1. How should employers forecast their Undefined CoS requirement?
An employer can approach its forecast by considering four main categories of anticipated sponsorship demand.
Existing sponsored workers requiring further sponsorship
Start with the organisation’s existing sponsored population.
Identify workers whose immigration permission is expected to require action during the relevant allocation period, including cases where a new Certificate of Sponsorship is likely to be required.
These cases are usually among the most predictable elements of the forecast because the employer already holds information about the workers and their immigration expiry dates.
Known recruitment
Add sponsored recruitment that has already been approved or is sufficiently advanced to represent a genuine anticipated requirement.
This could include vacancies currently being recruited, accepted offers, approved headcount or roles expected to be filled during the allocation year.
Credible recruitment pipeline
Employers can then consider recruitment that is not yet at the offer stage but which can reasonably be expected to result in sponsorship.
The credibility of this part of the forecast will depend on the organisation’s circumstances.
An employer with a consistent history of recruiting a particular number of sponsored workers into recurring roles may have a stronger basis for forecasting future demand than an organisation requesting certificates for speculative roles it has never previously recruited.
Expected business growth or operational requirements
Finally, the employer should consider identifiable changes that are likely to increase sponsorship requirements.
These could include expansion, new locations, new contracts, additional projects or other business developments that create a genuine need for additional workers.
Taken together, an employer can use the following practical forecasting framework:
Existing sponsorship cases + known recruitment + credible recruitment pipeline + identifiable growth requirements = forecast Undefined CoS requirement
This is a workforce-planning framework rather than a Home Office formula. Its purpose is to help the organisation reach a figure that can be explained and supported if UKVI asks why a particular allocation has been requested.
An employer may also consider a reasonable contingency for genuine uncertainty, provided the overall number remains capable of explanation.
The important point is that the final request should have a rational connection to the organisation’s expected sponsorship activity.
2. Should employers request extra Undefined CoS as a buffer?
Some contingency can be sensible where an employer’s recruitment requirements are not entirely predictable.
However, there is a difference between allowing for reasonable workforce uncertainty and requesting a large speculative allocation simply in case it is needed.
The sponsor should be able to explain the basis of the number requested.
For example, an organisation that historically sponsors around 20 workers each year and has a comparable recruitment programme for the forthcoming year may have an evidential basis for forecasting similar demand.
By contrast, a business that has previously sponsored one or two workers may need to provide a stronger explanation if it suddenly requests a substantial allocation.
A contingency should therefore be linked to genuine operational circumstances rather than treated as an arbitrary additional number.
3. Why can underestimating Undefined CoS requirements cause problems?
Requesting too few Undefined CoS does not necessarily prevent the organisation from obtaining more later, but it can introduce delay and operational risk.
If the allocation is exhausted, the sponsor will need to obtain additional capacity before another Undefined CoS can be assigned.
That can become particularly problematic where the worker has a time-sensitive immigration position.
For example, an employer may have an existing sponsored worker approaching the expiry of their permission but discover that no Undefined CoS remain available.
The sponsor then has two connected processes to manage: obtaining additional CoS allocation and completing the worker’s sponsorship and immigration process within the relevant timeframe.
There may also be commercial consequences where an allocation shortage delays the sponsorship of a new recruit who is expected to start work on a particular date.
Regular forecasting helps reduce the likelihood of these situations.
4. Why can overestimating Undefined CoS requirements cause problems?
Employers should also avoid treating the allocation process as an opportunity to obtain the largest possible number of certificates regardless of expected demand.
UKVI can consider whether the requested number appears credible in the context of the organisation’s workforce, business activities and sponsorship history.
A significant increase may be entirely legitimate. For example, a business may have secured a substantial new contract, opened a new operation or approved a major recruitment programme.
However, the sponsor should be able to explain the underlying change and demonstrate how it relates to the number of certificates requested.
The issue is not whether the organisation’s sponsorship demand is higher than it has been historically. The issue is whether that higher demand can be credibly explained.
5. Employers should maintain an internal CoS forecast
Sponsors with multiple sponsored workers should consider maintaining an internal sponsorship forecast rather than relying solely on the balance displayed in the Sponsor Management System.
The forecast can record:
- the organisation’s current Undefined CoS allocation;
- the number already assigned;
- the remaining available allocation;
- the end date of the relevant allocation year;
- sponsored workers with upcoming immigration expiry dates;
- anticipated changes of employment;
- planned sponsored recruitment;
- expected switching cases;
- likely recruitment arising from business growth;
- anticipated sponsorship under other Worker or Temporary Worker routes; and
- the date by which additional or follow-on allocation may need to be requested.
This turns CoS management from a reactive immigration administration task into a planned workforce compliance process.
It can also help the Authorising Officer and Level 1 Users identify unusual or unexpected sponsorship demand before it creates an urgent problem.
6. How often should the Undefined CoS forecast be reviewed?
The appropriate frequency will depend on the scale and complexity of the organisation’s sponsored workforce.
An employer that sponsors only occasionally may be able to review allocation whenever a sponsorship requirement arises, provided sufficient time is allowed for any additional allocation request.
Organisations with larger sponsored populations should consider reviewing their position regularly.
Relevant trigger points can include:
- new recruitment approval;
- a sponsored worker approaching an immigration expiry date;
- significant increases in recruitment;
- new contracts or projects;
- business acquisitions or restructuring;
- changes to workforce plans;
- an unexpected increase in CoS assignments; and
- the approach of the end of the current CoS year.
The purpose is to identify a potential shortage while there is still sufficient time to respond.
Section H: Assigning an Undefined CoS to a Worker
Once the sponsor has sufficient Undefined CoS allocation, an authorised SMS user can assign a certificate to an individual worker through the Sponsor Management System.
Assignment should only take place after the employer has established that the worker and proposed role satisfy the relevant sponsorship requirements.
The fact that an Undefined CoS is available in the organisation’s allocation does not mean it should automatically be assigned.
The sponsor is responsible for the information entered onto the certificate and for ensuring that the CoS is being used appropriately.
1. Check that an Undefined CoS is the correct type
Before starting the assignment, the employer should confirm that the worker requires an Undefined CoS.
For a Skilled Worker, this means the individual is making an application for permission to stay from within the UK.
If the Skilled Worker instead requires entry clearance from outside the UK, a Defined CoS is required.
For other Worker and Temporary Worker routes, the sponsor should check the requirements applicable to the relevant route.
This check should take place before assignment rather than after the certificate has been issued.
2. Check that sufficient Undefined CoS allocation is available
The sponsor should confirm through the SMS that it has an available Undefined CoS under the relevant route.
If the organisation has exhausted its allocation, it will need to obtain additional allocation before it can assign another certificate.
Employers managing significant volumes of sponsored workers should avoid treating this as a last-minute check.
Allocation availability should ideally have been established earlier in the recruitment or immigration process.
3. Check the worker’s immigration position
Identifying an Undefined CoS as the correct certificate type does not establish that the worker is eligible to make the intended immigration application.
For an in-country Skilled Worker application, the employer should be satisfied that the proposed sponsorship is consistent with the application the worker intends to make.
Where there is uncertainty about whether the individual can switch, extend or otherwise make the application from within the UK, that issue should be resolved before the certificate is assigned.
4. Check the role and sponsorship requirements
Before assigning the CoS, the employer should confirm that the proposed sponsorship satisfies the requirements of the relevant route.
Depending on the route and circumstances, this can include checking:
- the worker’s proposed job;
- the relevant occupation code;
- applicable skill requirements;
- salary and other remuneration;
- working hours;
- employment start and end dates;
- work location;
- whether the vacancy is genuine;
- whether any route-specific requirements apply; and
- whether the sponsor is authorised to sponsor under the relevant route.
For Skilled Worker cases in particular, occupation code and salary assessment should be completed carefully before the CoS is assigned.
Errors at this stage can affect the worker’s immigration application and may create sponsor compliance concerns.
5. Complete the Undefined CoS accurately
The sponsor will need to enter the required information about the worker and the proposed employment into the SMS.
The information should correspond with the employment the organisation genuinely intends to provide.
Employers should avoid copying information from previous sponsorship cases without checking that it remains accurate for the new worker.
Particular care should be taken with information such as:
- the worker’s personal details;
- job title;
- occupation code;
- job description;
- salary;
- working hours;
- work location or locations; and
- employment dates.
Where the sponsor provides additional information or declarations on the CoS, these should also be accurate and capable of being supported by the organisation’s records.
6. Pay the relevant sponsorship charges
The employer will need to pay the applicable Certificate of Sponsorship assignment fee when assigning the certificate.
Depending on the immigration route and circumstances, the Immigration Skills Charge may also be payable.
Whether the Immigration Skills Charge applies, and the amount payable, depends on the relevant sponsorship circumstances and any applicable exemption.
Employers should establish the applicable costs before starting the sponsorship process rather than assuming that the CoS assignment fee represents the total employer cost.
7. Give the CoS reference number to the worker
Once the Undefined CoS has been assigned, it generates a unique Certificate of Sponsorship reference number.
The worker uses this reference when making the relevant immigration application.
The employer should also retain appropriate records relating to the sponsorship decision and the information used to complete the CoS.
Assigning the certificate does not grant the worker immigration permission.
The worker must still make a valid application and satisfy the requirements of the relevant immigration route.
8. How long does an assigned Undefined CoS remain valid?
An assigned Certificate of Sponsorship must normally be used by the worker to make their immigration application within three months of the date on which it was assigned.
Employers should therefore coordinate CoS assignment with the worker’s intended application timetable rather than assigning certificates substantially in advance.
The proposed employment dates entered on the certificate also need to remain appropriate when the application is made.
Where circumstances change after assignment, the sponsor should check whether any action is required before the worker submits their application.
9. Do not assign an Undefined CoS simply to reserve allocation
An Undefined CoS should be assigned for a genuine sponsorship case.
Employers should not assign certificates to individuals merely to use or preserve allocation before the end of an allocation period.
CoS assignment is a formal sponsorship action and creates an individual sponsorship record within the Sponsor Management System.
The organisation should be able to demonstrate why each certificate was assigned and that the sponsorship related to genuine intended employment under the relevant route.
Strong internal controls should therefore require the person assigning the CoS to have sufficient information to verify the case before completing the assignment.
For larger sponsors, a second-person review or documented approval process can provide an additional safeguard against incorrect or premature assignment.
Section I: What Happens if You Use an Undefined CoS When a Defined CoS Was Required?
Using an Undefined Certificate of Sponsorship where a Defined CoS was required is a serious sponsor compliance issue.
This is not simply a technical distinction between two versions of the same certificate.
The Defined CoS process applies where a Skilled Worker is applying for entry clearance from outside the UK. An employer cannot bypass that process by using an available Undefined CoS instead.
Home Office sponsor guidance states that where a sponsor assigns an Undefined CoS to a Skilled Worker who should have been assigned a Defined CoS, the Home Office will normally revoke the sponsor licence.
The consequences can therefore extend significantly beyond the immigration application of the individual worker.
1. Why is using the wrong CoS type so serious?
Defined and Undefined CoS operate through different Home Office processes.
Where a Skilled Worker is applying for entry clearance from outside the UK, the employer needs to request a Defined CoS through the Sponsor Management System before it can be assigned to the worker.
An Undefined CoS is instead assigned from the sponsor’s annual allocation.
Using an Undefined CoS in circumstances where the Defined process should have been followed therefore means that the sponsor has used the wrong sponsorship procedure for the worker’s application.
For this reason, the Defined-versus-Undefined decision should be treated as a compliance check rather than an administrative preference.
2. What are the potential consequences for the sponsor?
The most serious potential consequence is sponsor licence revocation.
Revocation can affect the organisation’s ability to sponsor its existing workforce as well as its ability to recruit sponsored workers in the future.
Depending on the circumstances, an incorrect assignment may also result in scrutiny of the organisation’s wider sponsorship practices.
UKVI may consider whether the error indicates weaknesses in matters such as:
- sponsor management controls;
- training of Level 1 Users;
- oversight of SMS activity;
- CoS approval procedures;
- understanding of the sponsorship rules;
- the organisation’s internal immigration processes; or
- the accuracy of other Certificates of Sponsorship assigned by the organisation.
An employer discovering that it may have used the wrong type of CoS should therefore avoid treating the issue as an isolated data-entry mistake without first considering the wider compliance implications.
3. What if the Undefined CoS has already been assigned?
The appropriate response will depend on the stage reached in the sponsorship and immigration process.
For example, the position may differ depending on whether:
- the CoS has been assigned but the worker has not yet submitted an immigration application;
- the worker has already submitted the application;
- UKVI has already made a decision on the application;
- the worker has already started the relevant employment; or
- the employer identifies that similar errors may have occurred in other sponsorship cases.
The sponsor should establish the facts before taking further action.
This includes identifying why the wrong certificate was assigned, whether the worker actually required a Defined CoS and whether any other sponsorship records may be affected by the same procedural failure.
Where there is a potentially serious sponsorship error, employers should consider obtaining advice on the appropriate corrective action rather than attempting to resolve the issue through further SMS activity without first understanding the consequences.
4. Preventing Defined and Undefined CoS errors
The most effective control is to make the CoS classification decision before the certificate assignment process begins.
A sponsor’s internal procedure can require the person responsible for the case to record:
- the worker’s immigration route;
- whether the application is for entry clearance, permission to enter or permission to stay;
- whether the application will be made from inside or outside the UK;
- the CoS type required;
- confirmation that the relevant certificate or allocation is available; and
- approval to proceed with assignment.
For employers assigning certificates regularly, this can be incorporated into a standard CoS approval form or sponsorship checklist.
The organisation should also ensure that Level 1 Users understand that the existence of available Undefined CoS in the SMS does not mean those certificates can be used for every sponsored worker.
Section J: Common Undefined CoS Problems for Employers
Undefined CoS issues frequently arise not because the employer is unable to sponsor workers in principle, but because the organisation has not aligned its immigration processes with recruitment and workforce planning.
Common problems include running out of allocation, receiving fewer certificates than expected, failing to anticipate extension cases and discovering too late that the worker requires a different type of CoS.
| Problem | Potential issue | Employer response |
|---|---|---|
| No Undefined CoS available | Existing allocation has been exhausted or no allocation is available | Establish the genuine requirement and request additional allocation |
| Annual allocation is lower than expected | Previous usage or UKVI’s assessment may not support the number anticipated | Forecast upcoming cases and request an increase where justified |
| Employer needs more CoS during the year | Recruitment or sponsorship demand has exceeded the original forecast | Submit an additional allocation request supported by a clear explanation of the business requirement |
| Worker is overseas | Employer assumes an Undefined CoS cannot be used | Check the immigration route; overseas location alone does not determine the CoS type |
| Skilled Worker is applying for entry clearance from outside the UK | Undefined CoS is the wrong type | Use the Defined CoS process |
| Skilled Worker is already in the UK | Employer assumes an Undefined CoS must automatically be appropriate | Confirm that the worker is eligible to make the intended in-country application |
| Unused allocation remains near year end | Employer assumes certificates will carry forward | Unused allocation cannot be carried forward; forecast and arrange the next allocation as required |
| Additional allocation request is delayed | Worker cannot be assigned an Undefined CoS while no allocation is available | Review immigration deadlines and whether the sponsor and request are eligible for priority consideration |
| UKVI asks for further information | The requested allocation requires additional justification | Provide a coherent explanation and supporting evidence of the genuine sponsorship requirement |
| Recruitment exceeds forecast | CoS demand is higher than planned | Update the sponsorship forecast and request additional allocation before capacity is exhausted |
| Sponsor has been downgraded to a B-rating | Additional CoS allocation is restricted | Check whether additional CoS can be granted for the relevant existing worker and address the underlying action plan requirements |
1. We have run out of Undefined CoS
Running out of Undefined CoS does not necessarily mean the organisation cannot sponsor any further workers during the allocation year.
It does mean that another Undefined CoS cannot be assigned until sufficient allocation is available.
The employer should establish how many additional certificates it genuinely expects to need and submit an appropriate allocation request.
Where several upcoming cases are already known, it may be more effective to consider the wider forecast rather than requesting only one additional certificate for the immediate case and then repeating the process shortly afterwards.
The sponsor should nevertheless be able to justify the total number requested.
2. Our new allocation is smaller than last year’s allocation
A lower allocation does not necessarily indicate a problem with the sponsor licence.
Employers should distinguish between the number of certificates previously available and the number actually assigned.
Where the sponsor qualifies for automatic allocation, the number made available for the new CoS year is based on the number of Undefined CoS actually assigned during the previous CoS year rather than the total allocation previously held.
For example, an organisation that had 12 Undefined CoS available but assigned only seven should not assume that an automatic allocation will provide another 12 certificates.
The employer should compare the new allocation with its forthcoming sponsorship requirement.
If the organisation reasonably expects to need more certificates, it can request an increase and explain the basis for that requirement.
3. We need an Undefined CoS urgently
The first step is to check the sponsor’s current allocation in the Sponsor Management System.
If an Undefined CoS is available, the employer can proceed with the normal sponsorship checks and assignment process.
If no allocation is available, additional allocation must be obtained before another Undefined CoS can be assigned.
The employer should identify any immigration deadline affecting the worker and assess the available options immediately.
An eligible sponsor may be able to seek priority consideration of a qualifying additional Undefined CoS allocation request through the Home Office priority service, subject to the current eligibility criteria and availability.
Urgency does not remove the requirement to demonstrate a genuine need for the additional allocation.
4. UKVI has asked why we need more Undefined CoS
A request for further information should be answered by reference to the organisation’s actual sponsorship requirement.
The response should explain how the requested number has been calculated.
Rather than simply stating that additional workers are needed, the employer should consider whether it can identify:
- existing sponsored workers requiring further sponsorship;
- current vacancies;
- active recruitment;
- confirmed expansion;
- new projects or contracts;
- expected sponsored roles;
- relevant recruitment history; and
- the anticipated timing of those cases.
The information should be accurate and consistent with the organisation’s wider sponsor licence records.
A substantial increase in requested CoS can also provide UKVI with an opportunity to consider whether the organisation’s current circumstances remain consistent with information held about the sponsor.
5. Our recruitment needs changed after the allocation was granted
An employer’s workforce requirements can change during the year.
Winning a new contract, expanding a business unit, opening a new location or experiencing higher-than-expected recruitment demand can all alter the organisation’s sponsorship requirements.
The sponsor does not necessarily have to restrict recruitment to the number originally anticipated simply because its initial allocation was lower.
Where additional genuine sponsorship needs arise, the employer can request further allocation.
Further in-year requests can also be made if additional genuine requirements arise later in the same allocation year.
However, significant changes in the organisation’s circumstances may also trigger separate sponsor reporting obligations.
The employer should therefore consider both sides of the issue:
Does the organisation need more Undefined CoS?
and
Does the underlying business change itself need to be reported to the Home Office?
Treating these as separate compliance questions can help prevent an allocation request from exposing an unrelated failure to update the sponsor licence.
6. We are unsure whether the worker needs a Defined or Undefined CoS
Do not assign a certificate until the position has been established.
The employer should confirm the worker’s immigration route and the type of application being made.
For Skilled Worker cases, the central distinction is between entry clearance from outside the UK and permission to stay from within the UK.
For other sponsored routes, the employer should check the applicable route-specific sponsorship requirements.
Where the circumstances are unusual or there is uncertainty over the correct process, resolving that issue before assignment is considerably safer than attempting to correct an incorrectly assigned certificate afterwards.
7. Our Undefined CoS allocation request has been refused or reduced
If UKVI does not grant the number requested, the employer should first establish the reason for the decision and reassess the underlying sponsorship requirement.
The organisation should consider whether:
- the original request adequately explained the need for the certificates;
- UKVI requested information that was not provided or was insufficient;
- the number requested was consistent with the organisation’s workforce and previous sponsorship activity;
- there have been changes to the organisation that should have been reported;
- the requested sponsorship relates to genuine and eligible roles; and
- the organisation’s sponsor compliance history may be relevant.
Where a continuing genuine requirement exists, the employer should consider the appropriate next step in light of the reasons for the decision rather than simply submitting the same unsupported request again.
8. Our business has grown significantly since the last allocation
Rapid business growth can provide a genuine explanation for an increase in sponsorship requirements, but the organisation should be prepared to evidence the change.
Relevant factors may include increased headcount, new locations, new contracts, expansion into additional services or markets, increased recruitment activity or other operational developments.
The employer should ensure that the explanation provided for additional Undefined CoS is consistent with the organisation’s actual circumstances and with any sponsor reporting obligations arising from the underlying business changes.
A significant increase in sponsorship demand is not inherently problematic. The key issue is whether the sponsor can credibly explain why the requirement has increased and demonstrate that the proposed sponsorship remains genuine and compliant.
Section K: Undefined CoS Employer Checklist
Before assigning an Undefined Certificate of Sponsorship, employers should carry out a structured check of the worker, the role and the organisation’s available sponsorship capacity.
The following checklist can be used as an internal control before assignment.
1. Confirm the sponsor licence covers the relevant route
Check that the organisation is authorised to sponsor workers under the immigration route the worker intends to use.
Holding a sponsor licence does not necessarily mean that the organisation is licensed for every sponsored work route.
If the required route is not currently covered by the licence, the organisation may need to take additional action before it can sponsor the worker.
2. Confirm the worker’s immigration route and application type
Establish exactly which immigration application the worker intends to make.
For Skilled Worker cases, identify whether the worker will be applying for entry clearance from outside the UK or permission to stay from within the UK.
Do not rely solely on the worker’s current physical location.
The application being made and the requirements of the relevant route determine the sponsorship process.
3. Confirm whether the worker needs a Defined or Undefined CoS
A Skilled Worker applying for entry clearance from outside the UK requires a Defined CoS.
A Skilled Worker applying for permission to stay from within the UK requires an Undefined CoS.
Workers sponsored under other Worker and Temporary Worker routes use Undefined CoS whether they are applying for entry clearance, permission to enter or permission to stay, subject to the requirements of the relevant route.
This classification should be confirmed and documented before the certificate is assigned.
4. Check the available Undefined CoS allocation
Confirm through the Sponsor Management System that the organisation has sufficient Undefined CoS allocation available under the relevant route.
If there is no available Undefined CoS, the employer should determine whether an additional allocation request is required.
Do not wait until the worker is ready to submit their immigration application to discover that the organisation has exhausted its allocation.
5. Check the allocation period
Confirm that the available allocation relates to the relevant CoS year and check the applicable start and end dates in the SMS.
For employers with several sponsorship cases in progress, the available balance should be considered alongside other certificates expected to be required during the same period.
Employers should also remember that unused Undefined CoS cannot be carried forward into the next CoS year.
6. Confirm that the role is eligible for sponsorship
The employer should establish that the proposed job can be sponsored under the relevant immigration route.
For Skilled Worker cases, this includes identifying the appropriate occupation code and confirming that the role satisfies the applicable eligibility requirements.
The occupation code should reflect the actual duties of the role rather than being selected simply because it produces a more favourable immigration outcome.
7. Check the salary requirements
Confirm that the proposed salary satisfies the requirements applying to the worker and the sponsored role.
Salary assessment can depend on several factors, including the immigration route, occupation code, applicable going rate and the worker’s individual circumstances.
Employers should complete this assessment before assigning the CoS rather than attempting to resolve a salary eligibility issue after assignment.
8. Check the employment details
Review the information that will be entered onto the CoS, including:
- job title;
- occupation code;
- job description;
- salary;
- working hours;
- employment start date;
- employment end date, where relevant; and
- work location or locations.
These details should correspond with the employment the organisation genuinely intends to provide.
9. Identify the applicable sponsorship costs
Check which charges will become payable when the CoS is assigned.
This can include the relevant Certificate of Sponsorship assignment fee and, where applicable, the Immigration Skills Charge.
Employers should also establish whether any exemption applies rather than assuming that the Immigration Skills Charge is payable in every sponsored case.
10. Check the worker’s proposed immigration timetable
Establish when the worker needs to make their immigration application and whether there are any relevant expiry dates or other timing considerations.
This is particularly important for workers applying for further permission from within the UK.
Where additional Undefined CoS allocation is required, the time needed to obtain that allocation should be factored into the case timetable.
Once the CoS has been assigned, the worker will normally need to use it for their immigration application within three months of assignment.
11. Retain evidence supporting the sponsorship decision
The employer should retain appropriate records supporting the information entered onto the CoS and the decision to sponsor the worker.
The precise records required will depend on the route and circumstances.
As a general compliance principle, the organisation should be capable of demonstrating why the worker was sponsored, why the role was eligible and how the information entered on the CoS was established.
12. Apply internal approval controls
The organisation should determine who is authorised internally to approve sponsorship before a Level 1 User assigns the CoS.
For larger sponsors, this may involve separate HR, recruitment, immigration or compliance checks.
A useful internal approval record should establish:
Worker → Route → Application type → CoS type → Role eligibility → Salary → Allocation → Approval → Assignment
This creates a clear audit trail and reduces the risk of a certificate being assigned simply because a Level 1 User has technical access to the SMS.
13. Carry out a final pre-assignment check
Immediately before assignment, the employer should confirm that the circumstances have not changed since the sponsorship case was originally approved.
For example, check whether:
- the worker’s immigration circumstances remain the same;
- the intended application is still being made from the same location;
- the role and duties remain unchanged;
- the salary remains compliant;
- the proposed start date remains appropriate;
- the organisation still has sufficient allocation; and
- the correct CoS type is still being used.
This final check can prevent an earlier correct sponsorship assessment from becoming inaccurate because circumstances changed before assignment.
Section L: How DavidsonMorris Can Help
Undefined CoS management can become a significant operational and compliance issue for employers with growing or changing sponsored workforces.
Problems often arise where immigration administration is treated separately from workforce planning. The organisation may hold a sponsor licence and have established recruitment processes, but still encounter delays because its CoS allocation does not reflect its actual sponsorship requirements.
DavidsonMorris advises employers on the strategic and operational management of Certificates of Sponsorship, including Undefined CoS allocations and individual sponsorship cases.
Support can include:
- determining whether a worker requires a Defined or Undefined CoS;
- assessing anticipated Undefined CoS requirements;
- preparing annual CoS forecasts;
- reviewing upcoming extension and recruitment requirements;
- requesting additional Undefined CoS allocation;
- preparing the business justification for allocation requests;
- responding to Home Office requests for further information;
- supporting urgent allocation requirements;
- assessing eligibility for available priority processing;
- reviewing CoS assignment procedures;
- checking Skilled Worker roles before sponsorship;
- advising on occupation code and salary issues;
- reviewing sponsor licence compliance controls;
- identifying weaknesses in SMS and Level 1 User processes;
- advising B-rated sponsors on restricted CoS requirements; and
- advising where an incorrect CoS may already have been assigned.
For employers with larger sponsored populations, DavidsonMorris can also help integrate CoS management into wider sponsor licence governance.
This can include establishing internal approval procedures, allocation monitoring, immigration expiry tracking, responsibility matrices and periodic compliance reviews.
The objective is to ensure the organisation has sufficient sponsorship capacity when it needs it while maintaining the controls required to protect the sponsor licence.
1. Undefined CoS allocation planning
Employers with recurring sponsored recruitment can benefit from forecasting their CoS requirements before the start of each allocation period.
This involves considering existing sponsored workers, known extension dates, planned recruitment, expected switching cases and credible future workforce requirements.
DavidsonMorris can help employers develop an allocation forecast that reflects the organisation’s actual recruitment and immigration requirements and provides a defensible basis for an annual or additional allocation request.
2. Additional Undefined CoS requests
Where the organisation’s existing allocation is insufficient, DavidsonMorris can assist with preparing and submitting the additional allocation request and the supporting business explanation.
This can be particularly important where the requested increase is substantial, differs materially from the sponsor’s historic usage or arises because the organisation has experienced significant business growth.
The allocation request should explain not merely that additional certificates are wanted, but why the organisation genuinely expects to need the number requested.
3. Urgent Undefined CoS requirements
Where an employer has run out of Undefined CoS and a worker has an approaching immigration deadline, early assessment is particularly important.
The available response will depend on the organisation’s existing allocation, the worker’s circumstances, the relevant immigration deadline and whether an eligible Home Office priority process is available.
Urgency should not lead to shortcuts in the sponsorship assessment. The correct CoS type, worker eligibility, role eligibility and underlying allocation requirement still need to be established.
4. Incorrect Defined or Undefined CoS assignments
Where an employer believes it may have assigned the wrong type of CoS, the issue should be assessed before further action is taken.
This is particularly important where an Undefined CoS may have been assigned to a Skilled Worker who required a Defined CoS because the Home Office guidance provides for serious sponsor licence consequences.
Advice can help establish the stage reached in the immigration process, the nature of the error, whether corrective action is possible and whether the issue indicates a wider weakness in the organisation’s sponsorship controls.
5. Sponsor licence governance and CoS controls
For organisations sponsoring workers regularly, the strongest approach is to incorporate CoS management into wider sponsor licence governance.
This can include:
- documented CoS approval procedures;
- Defined-versus-Undefined classification checks;
- allocation forecasting;
- regular monitoring of remaining CoS capacity;
- immigration expiry tracking;
- Level 1 User controls;
- second-person approval for higher-risk sponsorship cases;
- record-keeping procedures;
- periodic sponsor compliance audits; and
- training for HR, recruitment and SMS users.
These controls can reduce the risk of incorrect CoS assignments, unexpected allocation shortages and sponsorship activity taking place without appropriate organisational oversight.
For advice on Undefined Certificates of Sponsorship, additional CoS allocation or managing your organisation’s wider sponsorship arrangements, contact DavidsonMorris.
Section M: Undefined Certificate of Sponsorship FAQs
Can an Undefined CoS be assigned to someone outside the UK?
Yes, depending on the immigration route.
An Undefined CoS is not exclusively for workers who are already in the UK.
For the Skilled Worker route, a worker applying for entry clearance from outside the UK requires a Defined CoS. A Skilled Worker applying for permission to stay from within the UK requires an Undefined CoS.
However, workers sponsored under other Worker and Temporary Worker routes use Undefined CoS whether they are applying for entry clearance, permission to enter or permission to stay, subject to the requirements of the relevant route.
Employers should therefore determine the CoS type by reference to the immigration route and application being made rather than the worker’s physical location alone.
Can an Undefined CoS be transferred from one worker to another?
Once a Certificate of Sponsorship has been assigned, it is an individual sponsorship record relating to the worker to whom it was assigned.
It cannot simply be transferred to another worker.
This should be distinguished from the organisation’s unassigned Undefined CoS allocation. Before assignment, the allocation represents the sponsor’s capacity to assign certificates to qualifying workers. It is not attached to a particular individual.
Employers should therefore avoid assigning a CoS before the sponsorship case is ready simply to reserve a certificate for future use.
Can Undefined CoS allocation be transferred between group companies?
Undefined CoS allocation belongs to the sponsor licence through which it has been granted. It should not be treated as a group-wide pool of certificates that can simply be transferred between separate sponsoring entities.
Where different companies within a corporate group hold separate sponsor licences, each organisation needs to manage its own sponsorship arrangements and available CoS allocation.
Corporate restructures, mergers, acquisitions and changes of ownership can also have separate sponsor licence implications and should be considered independently of the immediate CoS allocation issue.
Can an employer request more than one increase in Undefined CoS allocation during the year?
Yes. A sponsor can make further requests for additional Undefined CoS during the allocation year where genuine additional sponsorship requirements arise.
For example, an employer may initially obtain additional allocation for planned recruitment and later experience further demand because of business growth, a new contract or additional sponsored workers requiring further permission.
Each request should be properly justified by reference to the organisation’s genuine expected sponsorship requirements.
Repeated unexpected shortages can also indicate that the employer should improve its annual CoS forecasting process.
Do I need an Undefined CoS for a Skilled Worker extension?
A Skilled Worker applying for permission to stay from within the UK requires an Undefined CoS where a new Certificate of Sponsorship is required for the application.
Employers should therefore include known Skilled Worker extension cases when forecasting their Undefined CoS requirements.
For sponsors with larger sponsored populations, future immigration expiry dates can represent a significant and predictable source of CoS demand.
Does a Skilled Worker changing employer need a new Undefined CoS?
A Skilled Worker changing sponsor will generally need a new Certificate of Sponsorship from the new employer and will need to make the required immigration application before starting the new sponsored employment.
Where the worker is making an eligible Skilled Worker application for permission to stay from within the UK, the new sponsor will assign an Undefined CoS.
The new employer must carry out its own sponsorship assessment. The fact that the individual is already a Skilled Worker sponsored by another organisation does not mean that the new role automatically satisfies the sponsorship requirements.
Can a B-rated sponsor receive additional Undefined CoS?
A B-rated sponsor is subject to restrictions on additional CoS allocation.
Where the sponsor has paid the relevant action plan fee, additional CoS can be granted in restricted circumstances for existing sponsored workers who need to extend their permission to continue working for the same sponsor.
A B-rated sponsor should not assume that additional Undefined CoS will be available to support ordinary new recruitment.
Employers in this position should consider the immediate immigration requirements of their existing workers alongside the compliance issues identified in the Home Office action plan.
Is an Undefined CoS the same as an unrestricted CoS?
“Unrestricted CoS” is terminology associated with the sponsorship system that operated before the introduction of Defined and Undefined Certificates of Sponsorship in December 2020.
The current sponsorship system uses the terms Defined CoS and Undefined CoS.
Employers may still encounter references to unrestricted certificates in older documents, internal procedures or historic online material, but current sponsorship decisions should be made using the Defined and Undefined CoS framework.
How long is an Undefined CoS valid after it is assigned?
A worker must normally use an assigned Certificate of Sponsorship to make the relevant immigration application within three months of the date the CoS was assigned.
Employers should therefore coordinate assignment with the worker’s intended immigration application rather than assigning the certificate unnecessarily early.
If circumstances change after assignment or the worker does not use the CoS within the relevant period, the sponsor should check the appropriate action before proceeding.
Does an Undefined CoS guarantee that the worker’s visa will be granted?
No. A Certificate of Sponsorship does not grant immigration permission and does not guarantee that an application will succeed.
The CoS confirms the sponsorship information recorded by the employer. The worker must still make a valid immigration application and satisfy the requirements of the relevant route.
UKVI can refuse an application where the immigration requirements are not met even though the employer has validly assigned a CoS.
Employers should therefore distinguish between having CoS allocation, assigning a CoS and the worker being granted immigration permission. These are separate stages of the sponsorship and immigration process.
Section N: Conclusion
Undefined Certificates of Sponsorship are a core part of sponsor licence management for employers recruiting and retaining sponsored workers.
The central compliance issue is classification. Employers need to establish whether the worker requires a Defined or Undefined CoS before the certificate is assigned. For Skilled Workers, entry clearance applications from outside the UK require a Defined CoS, while applications for permission to stay from within the UK require an Undefined CoS. Other Worker and Temporary Worker routes use Undefined CoS in accordance with their relevant sponsorship requirements.
The second issue is capacity. Undefined CoS have to be assigned from the sponsor’s available annual allocation. Employers that fail to monitor their allocation can find themselves unable to assign a certificate when an extension, recruitment exercise or other sponsorship requirement becomes urgent.
The third issue is control. Having Undefined CoS available does not amount to approval of the workers or roles for which they may subsequently be used. Each assignment requires the employer to establish that the proposed sponsorship is genuine, eligible and compliant with the relevant route requirements.
Effective management therefore depends on classification, capacity and control.
Employers should identify the correct CoS type, forecast their likely annual requirements, monitor available allocation throughout the year and maintain appropriate approval procedures before certificates are assigned.
Where additional allocation is required, the request should be based on a credible assessment of the organisation’s sponsorship requirements and supported by a clear explanation of why the additional certificates are needed.
For organisations with significant sponsored populations, Undefined CoS management should form part of wider sponsor licence governance rather than being treated as an isolated SMS administration task.
DavidsonMorris advises employers on Undefined CoS allocation, additional allocation requests, urgent sponsorship requirements, Defined and Undefined CoS classification and the wider compliance obligations involved in managing a sponsor licence.
Section O: Undefined CoS Glossary
| Term | Meaning |
|---|---|
| Annual CoS Allocation |
The number of Undefined Certificates of Sponsorship made available to a sponsor for assignment during the relevant CoS year.
|
| Authorising Officer |
The key person appointed by the sponsor with overall responsibility for the sponsor licence and the activities of the organisation’s Sponsor Management System users.
|
| Certificate of Sponsorship (CoS) |
An electronic sponsorship record assigned by a licensed sponsor to a worker. It contains information about the worker and the proposed sponsored employment and generates a unique reference number used for the worker’s immigration application.
|
| CoS Allocation Year |
The period for which an Undefined CoS allocation is available to the sponsor. Employers should check the relevant allocation dates shown in their Sponsor Management System.
|
| Defined Certificate of Sponsorship |
The type of Certificate of Sponsorship required for a Skilled Worker applying for entry clearance from outside the UK. A Defined CoS is requested through the Sponsor Management System for the relevant sponsorship requirement before it can be assigned.
|
| Entry Clearance |
Immigration permission applied for before travelling to the UK. In the context of Skilled Worker sponsorship, an applicant seeking entry clearance from outside the UK requires a Defined CoS.
|
| Immigration Skills Charge |
A sponsorship charge payable by employers in certain sponsored work cases. Whether the charge applies, and the amount payable, depends on the circumstances and any applicable exemption.
|
| Level 1 User |
A person authorised to carry out specified sponsor management functions through the Sponsor Management System, including relevant CoS and allocation activities.
|
| Permission to Stay |
Immigration permission applied for from within the UK. A Skilled Worker applying for permission to stay requires an Undefined CoS where a new Certificate of Sponsorship is required.
|
| Sponsor Licence |
The Home Office authorisation that permits an eligible organisation to sponsor qualifying workers under the immigration routes for which it is licensed.
|
| Sponsor Management System (SMS) |
The Home Office online system used by licensed sponsors to manage their sponsor licence and carry out sponsorship functions, including CoS assignment and allocation requests.
|
| Sponsored Worker |
A worker whose immigration route requires sponsorship by an organisation holding the appropriate sponsor licence.
|
| Undefined Certificate of Sponsorship |
The type of Certificate of Sponsorship used for Skilled Workers applying for permission to stay from within the UK and for workers sponsored under other Worker and Temporary Worker routes, whether applying for entry clearance, permission to enter or permission to stay, subject to the requirements of the relevant route.
|
| UK Visas and Immigration (UKVI) |
The part of the Home Office responsible for administering the UK’s immigration system, including the sponsorship system.
|
Section P: Useful Links & Primary Home Office Guidance
Section P: Useful Links & Primary Home Office Guidance
