Certificate of Sponsorship
The rules for issuing a Certificate of Sponsorship to sponsored workers are complex, exposing employers to compliance risks.
We help sponsors avoid Home Office penalties.
Certificate of Sponsorship
The Certificate of Sponsorship (CoS) plays an important role when recruiting workers under UK sponsored work visa routes.
Before an employer can sponsor a migrant worker, they must assign a Certificate of Sponsorship to confirm that the conditions of the relevant visa have been met. The worker then uses the CoS to make their sponsorship visa application.
Strict conditions and timings apply when assigning the CoS, which employers must be aware of and comply with. There are also two different classes of CoS, and employers must ensure that in each instance, they are using the correct type of CoS in the correct way.
There is a lot to consider when issuing the CoS and any errors can result in a refused visa application for the worker, and Home Office enforcement action against the employer, such a sponsor licence downgrade, suspension or even revocation.
Certificate of Sponsorship guidance
At DavidsonMorris, we support UK employers with all aspects of their sponsor licence management and compliance duties, including guidance on assigning Certificates of Sponsorship.
As a team of immigration lawyers and former Home Office personnel, we can work with you to assist with compliant use of CoS as required under your sponsor licence duties.
Our Certificate of Sponsorship services include:
- Advice on issuing the right type of Certificate of Sponsorship
- Guidance points-based visa requirements including Skilled Worker minimum salary levels
- Integrating the CoS requirement into existing recruitment and onboarding processes
- Matching the role to the relevant SOC code
- Advice if there is an error on the CoS
- Issuing CoS for visa extensions
For help and advice about issuing a Certificate of Sponsorship, please contact us.
What is a Certificate of Sponsorship?
The CoS is a self-certifying document that a sponsor licence holder issues to a sponsored work visa applicant.
The Certificate of Sponsorship is an electronic record with a unique reference number, rather than a physical document.
It is a mandatory pre-requisite for visa applications in the Worker and Temporary Worker categories, for example Skilled Worker, Senior or Specialist Worker and Scale Up Worker.
By assigning a CoS to an individual, the sponsor is confirming to the Home Office that proposed employment conditions comply with the requirements of the relevant visa route.
A number of strict rules apply with regards to issuing the CoS. For example, the CoS must be used by the worker to make their visa applicant within 3 months of being issued. The worker cannot, however, apply for their visa more than 3 months before the start date of the job listed on the CoS.
Types of Certificate of Sponsorship
Following changes to the Immigration Rules in December 2020, there are now two types of Certificate of Sponsorship – ‘defined’ and ‘undefined’ certificates of sponsorship.
Defined certificates of sponsorship (formerly ‘restricted certificates’) are issued to Skilled Worker visa applicants applying from overseas. For this type of certificate, employers apply through the Sponsorship Management System (SMS) when they have gained their sponsor licence.
The defined CoS will appear in the SMS account once approved, at which point the employer can assign it to the worker.
Undefined CoS (previously known as ‘unrestricted certificates’) are required to employ Skilled Worker visa applicants already in the UK and applicants for other visa categories.
When you apply for the sponsor licence, you will have to submit an estimate of how many undefined certificates you will need in the first year. If you use your full allocation with 12 months, you can apply via SMS for additional certificates.
Who needs a Certificate of Sponsorship?
A Certificate of Sponsorship is needed by individuals applying for UK leave to enter or remain under the temporary sponsored work visa categories, including the Skilled Worker visa and Scale Up visa.
Tier 5 Youth Mobility applicants do not need a CoS.
How much does a Certificate of Sponsorship cost?
It costs £199 to assign a CoS to a Skilled Worker or ICT worker, with the exception of the International Sportsperson route. It costs £21 for a CoS for temporary workers.
There is no charge for nationals of the following countries:
Austria, Belgium, Croatia, Republic of Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Malta, Netherlands, North Macedonia, Norway, Poland, Portugal, Slovakia, Spain, Sweden, and Turkey.
Further costs may apply depending on the type of application being made, for example, the Immigration Health Surcharge and the visa application fee.
How to issue a Certificate of Sponsorship
In order to allocate a Certificate of Sponsorship, your organisation must hold a valid sponsor licence and have access to the Sponsor Management System (SMS).
The sponsor’s nominated Level 1 or Level 2 user should submit the relevant information about the role into the SMS and a unique reference number (the CoS) will be issued.
Applications for a defined certificate are generally approved within one working day, but can take longer if the UKVI need to check further information contained within the application.
Defined certificates will appear in the SMS account once they have been approved, which you can then assign to your worker.
The worker then uses the Certificate of Sponsorship to apply for their visa within three months.
Certificates of Sponsorship are not transferrable. Reassigning the CoS to another individual would be considered a breach of your sponsorship licence duties, exposing the organisation to Home Office enforcement action.
Annual CoS year
The Annual CoS allocation (CoS Year) runs 12 months from the date your sponsor licence was granted, or 12 months from the last renewal application was granted.
When making the licence application, you will need to estimate and request the number of undefined CoS you expect to use for the coming 12 months. This number will need to be justified and you may need to provide additional information to support your request.
If approved, the Home Office will allocate the CoS to your SMS, and these should be used within the 12 month period. It is possible to request additional CoS if you use all of the allocation.
How long does it take to get a Certificate of Sponsorship?
Approval for a defined CoS generally takes around one working day, although it can be longer if the Home Office requires further clarification of information provided.
COVID concession where Certificate of Sponsorship assigned but visa not yet applied for
Under the Home Office’s COVID concession, last updated August 2022, employees can still apply for their visa.
The guidance states the Home Office will not automatically refuse applications where the employment start date as per the Certificate of Sponsorship has changed. For example, if the allocated CoS has become invalid because the worker was not able to travel due to COVID, the Home Office will consider each case on its own facts.
Applying for a sponsorship licence
Your organisation must have the right type of sponsor licence in place to hire a sponsored worker and assign the relevant Certificate of Sponsorship.
There are two types of sponsorship licence which largely depend on whether the workers you need to fill your vacancy are:
- “Workers” with long-term job offers which includes Skilled Workers, Senior or Specialist Worker visa Workers, Ministers of Religion, International Sportspersons
- “Temporary Workers” such as Scale Up Workers, Graduate Trainees, Service Suppliers, UK Expansion Workers, Secondment Workers
You can apply for one or both licences.
To obtain a sponsorship licence, you must show you are a genuine organisation operating lawfully within the UK. You will also need to prove you can carry out visa sponsorship duties and have appropriate HR and recruitment practices and systems in place.
Once you have obtained a sponsorship licence, it grants you permission to lawfully employ overseas skilled workers via your online Sponsor Management System (SMS) account which assigns a certificate number the employee must use when submitting their visa application.
Certificate of Sponsorship FAQs
What is a Certificate of Sponsorship?
A Certificate of Sponsorship is a self-certifying electronic document that the sponsoring employer issues to the worker to enable them to apply for a visa and be onboarded into the organisation. Sponsors must assign a Certificate of Sponsorship to every foreign national they employ.
Who issues the Certificate of Sponsorship?
A Certificate of Sponsorship is assigned by a sponsor licence holder (employer), to every prospective employee to enable them to apply for a sponsored worker visa.
How do I issue a Certificate of Sponsorship?
The worker’s sponsor will issue the Certificate of Sponsorship through the online Sponsor Management System (SMS).
How long does a Certificate of Sponsorship take?
Defined certificates of sponsorship take around a day to come through.
Do I need a Certificate of Sponsorship?
Sponsored workers from overseas in most cases need to be assigned a Certificate of Sponsorship from their sponsor and cannot work without one. Each certificate has a unique number allocated to it, which the worker can use to apply for a visa. The certificate is valid for three months. There are some immigration routes that do not require sponsorship, but other eligibility criteria will apply.
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