Certificate of Sponsorship

The rules for issuing a Certificate of Sponsorship to sponsored workers are complex, exposing employers to compliance risks. We help sponsors onboard sponsored workers correctly to avoid Home Office penalties.

certificate of sponsorship

CONTENTS

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 sponsored visa application to the Home Office.

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.

What is a Certificate of Sponsorship?​

A Certificate of Sponsorship is a reference number given to a sponsored work visa applicant by their proposed sponsor. It is an electronic record rather than a physical document.

The CoS 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 routes.

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 sponsor Skilled Worker visa applicants already in the UK and applicants for all other sponsored visa routes.

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 UK sponsored work visa categories, including: 

  • Skilled Worker visa
  • Global Business Mobility visas
  • Scale Up visa
  • Minister of Religion
  • International Sportsperson
  • Scale-up Worker
  • Creative Worker
  • Religious Worker 
  • Government Authorised Exchange
  • International Agreement 
  • Seasonal Worker
 

How much does a Certificate of Sponsorship cost?

Sponsors have to pay a fee to assign a Certificate of Sponsorship to a worker. The fee amount will depend on factors such as the type of visa being applied for and how long the CoS is assigned for. For example, a Skilled Worker visa CoS costs £239, while a CoS for a Temporary Worker visa costs £25.

The following table sets out the latest CoS fees for sponsors. 

Fee categoryFee
Premium Sponsor Service (12 months) Worker sponsor and Temporary worker sponsor – large sponsors£25,000
Premium Sponsor Service (12 months) Worker sponsor and Temporary worker sponsor – small sponsors£8,000
Premium Sponsor Service (12 months) Student sponsors£8,000
The expedited processing of a sponsorship management request made by a Worker sponsor or Temporary worker sponsor£200
Priority service for expedited processing of sponsor licence applications£500
Worker sponsor licence (large sponsor )£1,476
Worker sponsor licence (small sponsor)£536
Student sponsor licence£536
Temporary Worker sponsor licence£536
Worker and Temporary Worker sponsor licence (large sponsor)£1,476
Worker and Student sponsor licence (large sponsor)£1,476
Worker, Temporary Worker and Student sponsor licence (large sponsor)£1,476
Temporary Worker and Student sponsor licence£536
Worker sponsor licence (large sponsor), where sponsor currently holds a Temporary Worker and/or Student Sponsor Licence£940
Endorsement fee for a Scale-up sponsor licence under Endorsing Body Pathway (payable to the endorsing body) excluding VAT£1,500
Student sponsor basic compliance assessment£536
Sponsor action plan£1,476
Certificate of Sponsorship (CoS): Skilled Worker, T2 Minister of Religion, Global Business Mobility – Senior or Specialist Worker£239
Certificate of Sponsorship (CoS) – Temporary Worker including Global Business Mobility – Graduate Trainee, UK Expansion Worker, Service Supplier and Secondment Worker route, and Scale-up route£25
Certificate of Sponsorship (CoS) for International Sportsperson route – Over 12 Months£239
Certificate of Sponsorship (CoS) for International Sportsperson route – Up to 12 months or less£25
Confirmation of Acceptance for Study (CAS) for student, child student£25

Further costs may apply depending on the type of application being made, for example, the Immigration Health Surcharge and the visa application fee.

Certificate of Sponsorship allocations

Undefined certificates of sponsorship
When submitting a sponsor licence application, you will be required to estimate the number of Undefined Certificates of Sponsorship you will require in the first year.

You must provide evidence that you require the requested number of certificates, as well as the necessary information and documentation for the role(s) and migrant(s).

For undefined certificates of sponsorship, there is no restriction on the number of available.

You can renew your annual allocation or submit a request for additional Undefined Certificates of Sponsorship at any time during the year in response to changes in circumstances. For example, you may require an additional Certificate of Sponsorship if an existing sponsored worker will be switching to a different visa category or if a sponsored worker needs to extend their permission to remain in the UK.

You do not need to include in the calculation any potential migrants you wish to sponsor who are applying from abroad, as they require a Defined Certificate of Sponsorship and a different procedure applies.

 

 

Defined certificates of sponsorship

Unlike the previous CoS rules, there is no limit on the number of available Defined Certificates of Sponsorship, and sponsors do not need to apply on the first business day following the fifth of each month.

You may submit a CoS application at any time for a migrant worker who requires it.

When requesting a CoS allocation, you must specify the roles you intend to recruit for, provide information about the migrant, if known, and explain how the migrant was identified for the position.

 

How to assign 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.

 

Applying for defined Certificates of Sponsorship

You must be an A-rated licence holder to apply for a defined Certificate of Sponsorship.

The Home Office SMS Guide 12 details the steps necessary to assign a defined CoS:

  • Level 1 or level 2 user signs into the SMS.
  • Select ‘Defined CoS’ from the Workers screen.
  • Choose ‘Apply for a Defined CoS’.
  • Select the CoS category and enter the number of CoS required.
  • Enter all employment details on the page titled ‘Application for defined CoS – employment details’ that appears.
  • On the confirmation screen, verify that the information is accurate.
  • Tick the box to confirm you have read, understood, and consented to all of the indicated terms.
  • Select ‘Submit’.
  • Your request will appear on the ‘Application for defined CoS – submitted’ screen.
 
 
 

Assigning undefined Certificates of Sponsorship

The Home Office SMS Guide 8 details the steps necessary to assign a defined CoS:

  • Select ‘Create and Assign’ from the Workers screen.
  • Select the visa category for the CoS on the ‘Create and assign CoS’ interface.
  • Enter employment details on the page titled ‘Application for defined CoS – employment details’ that appears. Then, ‘Save’.
  • On the ‘Confirmation of saved CoS’ screen, verify that the information is accurate. Choose ‘Amend’ to make changes.
  • Select ‘Assign’.
  • You will see the ‘Confirm CoS details before assigning’ screen, where you can verify that all the information is correct.
  • Tick the box to confirm that you have read, understood, and consented to all of the indicated terms. Select ‘Assign CoS’.
  • You will be redirected to the Online payment screen to pay the CoS fee and if applicable, the immigration skills charge.
  • After completing payment, you will be redirected to the SMS and the ‘Single CoS assigned’ screen, where you will see that the CoS has been assigned and allocated a unique CoS number.
  • Your request number will also be displayed on the ‘Application for defined CoS – submitted’ screen.
 

 

For employers with a licence that has a provisional rating, only one certificate of sponsorship can be assigned to the authorising officer to permit them to enter the UK. You should then upgrade your licence to an A-rating and request additional certificates of sponsorship using the SMS.

 

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.

 

Certificates of Sponsorship for UK Expansion Workers

Employers with a sponsor licence that has a provisional rating are only allowed initially to assign one certificate of sponsorship to their appointed Authorising Officer, in order for them to enter the UK. Once they have their visa, the company’s licence can be upgraded to an A-rating and up to 4 additional certificates of sponsorship can be requested using the SMS.

 

How to cancel a Certificate of Sponsorship

An assigned Certificate of Sponsorship may be cancelled using the SMS. Under the ‘Manage live CoS’ option under ‘Sponsorship duties’, the sponsor should input the relevant CoS details and then select ‘withdraw CoS’. This will have the effect of cancelling the CoS where it is no longer required for the individual. 

 

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:

 

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.

 

What is the Sponsorship Management System?

All organisations granted a sponsor licence by UK Visas and Immigration (UKVI) use the Sponsor Management System (SMS) to administer and manage their sponsor licence, so as to comply with their sponsor licence compliance duties.

It is a secure, online portal operated by the Home Office that is accessible by nominated individuals within the organisation.

Sponsor licence holders must adhere to a stringent set of duties and responsibilities, including reporting, recordkeeping, and monitoring, with the primary objective of preventing illegal working.

The SMS allows sponsors to request and assign Certificates of Sponsorship (CoS) to sponsored workers and report changes to the Home Office.

As a holder of a sponsor licence, you must use the SMS appropriately for its intended purpose or your sponsor licence may be downgraded, suspended, or revoked. Consequently, you may lose the ability to sponsor foreign employees. In addition, you risk of receiving a civil penalty fine per breach if you are discovered to have employed an illegal worker, or even criminal prosecution.

Only a select few (users) are permitted to access and utilise the SMS. These are designated as:

  • Authorising Officers – This is the most senior member of your organisation who is responsible for hiring foreign employees and fulfilling sponsor obligations. The Authorising User is also responsible for determining who should have access to the SMS, their degree of permission, and all SMS users’ actions.
  • Key contact – This is the primary point of contact between the sponsoring organisation and the Home Office.
  • Level 1 users – These are accountable for day-to-day sponsorship tasks.
  • Level 2 users – They are also responsible for day-to-day sponsorship activities, but they have fewer permissions and rights than Level 1 users.
 

On a practical point, only level 1 and level 2 users have access to the SMS by default. However, they can grant level 1 or level 2 access to the Authorising Officer or to the Key Contact as necessary.

Access to Level 1 can also be granted to external third parties, such as immigration lawyers supporting with sponsor licence compliance.

 

Need assistance with Certificates of sponsorship? We can help

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 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.

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 sponsor.

Who issues the Certificate of Sponsorship?

A Certificate of Sponsorship is assigned by a sponsor licence holder (employer) to enable sponsored visa applicants to apply for their work 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.

Contact DavidsonMorris
Get in touch with DavidsonMorris for general enquiries, feedback and requests for information.
Sign up to our award winning newsletters!
We're trusted