1 October 2026

Defined Certificate of Sponsorship: Employer Guide

Picture of Anne Morris

Anne Morris

Business Immigration & Workforce Compliance Solicitor

Section Guide

Overseas Skilled Worker recruitment depends on getting the Defined Certificate of Sponsorship process right. The wrong CoS type, inaccurate information or delays in obtaining approval can prevent a worker from progressing with their immigration application and expose the sponsor licence to compliance risk.

This guide explains when a Defined CoS is required, how employers request one, what UKVI considers before approval and the checks needed to manage the process correctly.

Key Takeaways

 
  • The correct Defined CoS is required before overseas Skilled Worker recruitment can progress.
  • Role eligibility should be confirmed before sponsorship commitments and candidate timelines are finalised.
  • Accurate occupation, salary and job information protects the sponsor licence from avoidable compliance issues.
  • Defined CoS timing needs to align with recruitment, immigration and onboarding plans.
  • Sponsor responsibility continues after assignment, with the worker’s employment needing to remain consistent with the sponsorship record.
 

SECTION GUIDE

Defined Certificates of Sponsorship: At a Glance

 

Employers recruiting a Skilled Worker from overseas need a Defined Certificate of Sponsorship (Defined CoS) before the worker can apply for entry clearance under the Skilled Worker route.

A Defined CoS is requested separately through the Sponsor Management System (SMS). It is different from an Undefined Certificate of Sponsorship, which is generally managed through the sponsor’s available allocation.

Where UK Visas and Immigration (UKVI) approves the request, the Defined CoS is allocated to the sponsor’s SMS account and can then be created and assigned to the relevant worker.

Choosing the correct type of CoS is a key part of overseas recruitment planning. Using an Undefined CoS where a Defined CoS is required can affect the worker’s immigration application and create serious consequences for the employer’s sponsor licence.

Home Office sponsor guidance treats incorrect use of CoS arrangements seriously. Depending on the circumstances, assigning the wrong type of CoS can result in sponsor licence revocation.

This guide explains when a Defined CoS is required, who can request one, how the application process works, the information employers need to provide, how UKVI considers requests, what happens after approval and the compliance risks employers need to manage.

 

Section A: Defined Certificate of Sponsorship: Employer Guide

 

A Defined Certificate of Sponsorship is the type of CoS used where a UK sponsor is sponsoring a Skilled Worker who will make an application for entry clearance from outside the UK.

Unlike an Undefined Certificate of Sponsorship, a Defined CoS is requested individually through the SMS when required. It does not come from the sponsor’s annual Undefined CoS allocation.

The request is made by an authorised Level 1 User on behalf of the sponsor. UKVI considers the application and, where approved, allocates the Defined CoS to the sponsor’s SMS account so that it can be assigned to the relevant worker.

The process therefore has two stages: obtaining approval for the Defined CoS and then assigning the approved certificate to the worker.

Employers should confirm the correct CoS type before beginning the process. The worker’s intended immigration application, rather than simply their nationality or current location, determines whether a Defined or Undefined CoS is required.

 

 

 

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Section B: What is a Defined Certificate of Sponsorship?

A Defined Certificate of Sponsorship is an electronic sponsorship record used under the Skilled Worker route where the sponsored worker will be applying for entry clearance from outside the UK.

It is commonly referred to as a Defined CoS or DCoS.

A Certificate of Sponsorship is not a physical certificate or immigration document. It is an electronic record created and managed through the Sponsor Management System. Once a Defined CoS has been approved, allocated to the sponsor and then assigned to a worker, it generates a unique reference number which the worker uses when making their Skilled Worker visa application.

The Defined CoS process involves two distinct stages.

First, the sponsor requests the Defined CoS from UKVI through the SMS. UKVI considers the request and decides whether it should be approved and allocated to the sponsor’s account.

Second, once the request has been approved, the Defined CoS becomes available in the sponsor’s SMS account. The sponsor can then create and assign it to the relevant worker, provided the sponsorship requirements continue to be met.

This distinction is important. Approval of a Defined CoS request does not itself sponsor the worker. The approved certificate still has to be assigned correctly before the worker can rely on it for their visa application.

Defined CoS are specifically associated with Skilled Worker applications made from outside the UK. Other Worker and Temporary Worker routes generally use Undefined CoS, while Skilled Workers applying from within the UK will also generally require an Undefined CoS.

Employers should therefore establish which type of CoS is required before beginning the sponsorship process rather than assuming that an existing CoS allocation can be used.

 

1. Defined CoS at a glance

Question Defined CoS position
Who is it for? Skilled Workers applying for entry clearance from outside the UK.
How is it obtained? The sponsor applies through the Sponsor Management System.
Is there an annual Defined CoS allocation? No. Defined CoS are requested as required.
Who submits the request? An authorised Level 1 User.
Can a B-rated sponsor apply? No. The sponsor must regain its A-rating before applying.
Can a suspended sponsor apply? No.
How quickly are applications decided? Straightforward applications are usually decided within one working day, although additional checks can cause delays.
What happens after approval? UKVI allocates the Defined CoS to the sponsor’s SMS account so it can be assigned to the worker.
How long does the sponsor have to assign it? An approved Defined CoS must normally be assigned within 90 days of allocation.

 

 

 

 

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Section C: When do employers need a Defined CoS?

An employer will generally need a Defined Certificate of Sponsorship where it intends to sponsor a worker under the Skilled Worker route and that worker will be applying for entry clearance from outside the UK.

The determining issue is not simply the worker’s nationality or where they happen to be located when the recruitment decision is made. Employers need to consider the immigration application the worker will actually make and whether this will be an application for Skilled Worker entry clearance from overseas.

For example, if a UK company recruits an individual who is living in India and the individual will apply from India for permission to enter the UK as a Skilled Worker, the employer will need to obtain a Defined CoS before it can assign sponsorship to that worker.

By contrast, where an individual is already lawfully in the UK and is making an eligible in-country application under the Skilled Worker route, an Undefined CoS will generally be required instead.

This distinction matters because Defined and Undefined Certificates of Sponsorship are obtained differently through the Sponsor Management System.

Defined CoS are requested from UKVI as they are needed. Undefined CoS are generally managed through the sponsor’s available allocation.

Employers recruiting workers from overseas should therefore determine the correct CoS type at an early stage in the recruitment process. This should be done before assigning sponsorship and ideally before immigration timescales are committed to the candidate.

Particular care is needed where the worker’s circumstances are changing, for example where someone currently in the UK intends to leave the country and make an entry clearance application overseas. The correct CoS type should be determined by reference to the application that will actually be made.

A sponsor should not attempt to avoid the Defined CoS process by assigning an Undefined CoS to a Skilled Worker who requires a Defined CoS. The Home Office treats incorrect use of an Undefined CoS in these circumstances as a serious sponsor compliance issue and indicates that this can result in the sponsor licence being revoked.

 

1. Care worker and senior care worker sponsorship

Employers should take particular care not to assume that the ordinary Defined CoS process can be used for overseas recruitment into all occupations.

Current Skilled Worker rules impose specific restrictions on sponsorship for care workers and senior care workers under the relevant occupation codes. Since 22 July 2025, the rules have significantly restricted overseas recruitment into these roles, subject to limited transitional provisions.

Employers considering sponsorship in the care sector should therefore check the current Skilled Worker rules before requesting any Defined CoS and should not assume that an overseas candidate can be sponsored simply because the occupation previously qualified under the route.

 

 

 

 

 

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Section D: Defined CoS vs Undefined CoS

Defined and Undefined Certificates of Sponsorship are both used to sponsor workers, but they apply in different circumstances and are obtained differently through the Sponsor Management System.

For employers using the Skilled Worker route, the key distinction is generally whether the worker will be making their immigration application from outside or inside the UK.

A Defined CoS is required for a Skilled Worker applying for entry clearance from outside the UK.

An Undefined CoS is generally used for a Skilled Worker making an eligible application from within the UK. Undefined CoS are also generally used for workers on the other Worker and Temporary Worker routes, subject to the specific requirements of the relevant route.

The administrative process is also different. Defined CoS are requested individually from UKVI through the SMS when they are required. Undefined CoS are generally assigned from the sponsor’s available allocation.

Defined CoS Undefined CoS
Used for Skilled Worker entry clearance applications from outside the UK. Generally used for eligible Skilled Worker applications made from within the UK and for workers on other Worker and Temporary Worker routes.
Requested from UKVI when required. Usually assigned from the sponsor’s available allocation.
There is no annual Defined CoS allocation. The sponsor generally needs sufficient Undefined CoS allocation available.
UKVI considers the Defined CoS request before it is allocated to the sponsor’s SMS account. An available Undefined CoS can generally be assigned without making a separate Defined CoS application.
An approved Defined CoS must normally be assigned within 90 days of allocation. Undefined CoS are managed under the applicable allocation and assignment rules.

The distinction can cause confusion because both types ultimately perform the same basic function: once correctly assigned, the CoS provides the sponsorship reference that the worker uses for their immigration application.

The difference lies principally in when each type is required and how the sponsor obtains access to it.

Employers should not select the CoS type simply according to what happens to be available in their SMS account. The correct type has to be determined by the worker’s circumstances and the immigration application they intend to make.

For example, an employer may have several Undefined CoS available in its allocation but still need to request a Defined CoS where it recruits a Skilled Worker who will apply for entry clearance from overseas.

Equally, an employer should not request a Defined CoS merely because the individual being sponsored is a foreign national. A worker who is already in the UK and is eligible to make their Skilled Worker application from within the UK will generally require an Undefined CoS.

Using the wrong type can have significant consequences. In particular, sponsors should not assign an Undefined CoS where a Defined CoS is required for a Skilled Worker applying for entry clearance. Home Office sponsor guidance treats this as a serious breach and indicates that the sponsor licence will normally, or is likely to, be revoked where the wrong type of CoS is deliberately or incorrectly used in these circumstances.

Employers should therefore confirm three points before proceeding:

  1. Which immigration route is the worker applying under?
  2. Will the worker make the relevant application from inside or outside the UK?
  3. Does that application require a Defined or Undefined CoS?

Where an Undefined CoS is required, the employer should also check that it has sufficient allocation available before attempting to assign sponsorship.

The wider rules on Undefined Certificates of Sponsorship, including allocations and requests for additional allocation, should be considered separately from the Defined CoS process.

 

 

 

 

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Section E: Who can apply for a Defined Certificate of Sponsorship?

Defined CoS requests are made by licensed sponsors through the Sponsor Management System.

The employer must hold a sponsor licence covering the Skilled Worker route and must be in a position to sponsor the role for which the Defined CoS is being requested.

The request is submitted through the SMS by an authorised Level 1 User. Level 1 Users have responsibility for the main day-to-day sponsor management functions available through the system, including making Defined CoS applications where the sponsor is eligible to do so.

Having access to the SMS does not, however, mean that a Defined CoS can automatically be obtained.

Before requesting one, the sponsor should be satisfied that there is a genuine role for which sponsorship is required and that the proposed employment is capable of meeting the relevant Skilled Worker requirements.

The sponsor should therefore check matters such as the proposed occupation, occupation code, job duties, salary, working hours and relevant Skilled Worker eligibility requirements before making the request.

Errors or inconsistencies at the Defined CoS application stage can lead to further enquiries from UKVI and may delay or prevent the recruitment process.

 

1. Sponsor licence rating and status

The sponsor’s licence status is important when applying for a Defined CoS.

A sponsor with an A-rated licence can request Defined CoS in the usual way, subject to the applicable sponsorship requirements.

A sponsor whose licence has been downgraded to a B-rating cannot apply for a Defined CoS while it remains B-rated. The sponsor will ordinarily need to address the compliance issues that resulted in the downgrade and regain its A-rating before it can make a Defined CoS request.

Similarly, a sponsor cannot apply for a Defined CoS while its sponsor licence is suspended.

These restrictions can have immediate recruitment consequences. An employer planning overseas recruitment should therefore not assume that holding a sponsor licence alone guarantees continued access to Defined CoS.

The status of the licence at the time sponsorship is required can directly affect whether the recruitment can proceed.

 

2. The role must be eligible for sponsorship

A Defined CoS application should only be made where the proposed role is capable of satisfying the relevant Skilled Worker requirements.

Before submitting the request, the sponsor should check:

  • whether the occupation is eligible for sponsorship;
  • whether the correct occupation code has been selected;
  • whether the role is genuine;
  • whether the proposed salary satisfies the relevant Skilled Worker requirements;
  • whether the proposed working hours have been calculated correctly;
  • whether any salary points option being relied upon is available in the worker’s circumstances; and
  • whether any route-specific or transitional provisions affect the sponsorship.

Approval of the Defined CoS should not be treated as a substitute for carrying out these checks.

Employers remain responsible for ensuring that the role and worker satisfy the relevant sponsorship and immigration requirements when the CoS is eventually assigned and when the worker makes their Skilled Worker application.

 

3. Salary points information

Employers need to take particular care with salary information when applying for a Defined CoS.

The salary entered into the application should reflect what the sponsor genuinely intends to pay the worker and should satisfy the applicable Skilled Worker salary requirements.

Where a worker has already been identified, the sponsor may also need to state which salary points option the worker is expected to rely on and provide sufficient information to explain how the relevant requirements are met.

This is important because some salary concessions or discounted salary options depend on characteristics of the individual worker rather than the role alone.

An employer should therefore not assume that a future unidentified recruit will necessarily qualify for a worker-specific salary option.

Where the proposed sponsorship depends on a particular characteristic of the worker, the employer should establish that the relevant condition can actually be satisfied before relying on it in the Defined CoS application.

 

4. Workers assigned to client contracts

Additional information may be required where the sponsored worker will perform work connected with a client contract.

In these circumstances, the sponsor may need to provide information through the Defined CoS application about the client and the contractual arrangement, including details such as the client’s name and business address, the duration of the contract and the key deliverables.

Employers should ensure that the arrangement represents genuine sponsored employment by the sponsor and does not amount to supplying the worker to a third party in circumstances prohibited by the sponsorship rules.

The Defined CoS application should accurately describe the role the worker will perform and the commercial arrangement under which the work will be carried out.

 

 

 

 

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Section F: Do you need to identify the worker before applying for a Defined CoS?

Employers do not always need to have identified the individual worker before requesting a Defined Certificate of Sponsorship.

A sponsor can request a Defined CoS where it has already identified the person it intends to sponsor. It can also make a request where it has an eligible role and reasonably anticipates recruiting a worker from outside the UK to fill that role.

This can be useful for employers undertaking overseas recruitment campaigns because it means the business does not necessarily have to wait until every individual candidate has been selected before beginning the Defined CoS process.

There must nevertheless be a genuine sponsorship requirement.

A Defined CoS should not be requested speculatively without an underlying recruitment need. The employer should be able to explain the role or roles for which sponsorship is expected to be required and ensure that the information supplied in the request accurately reflects the proposed employment.

 

1. Exceptions where the worker needs to be identified

The general ability to request a Defined CoS before identifying a worker is subject to important exceptions.

Some Skilled Worker provisions depend on the circumstances of the particular individual being sponsored. Where the sponsorship relies on a worker-specific transitional provision or salary points option, the employer may need to have identified the worker before making the Defined CoS application.

For example, certain transitional arrangements affecting eligibility for some occupations require the sponsor to have identified the individual worker before the Defined CoS is requested.

Similarly, where the proposed salary only meets the Skilled Worker requirements because the worker qualifies for a particular discounted salary points option, the sponsor should not assume that an unidentified future candidate will satisfy that condition.

The employer should therefore distinguish between:

  • a role that is independently eligible for sponsorship regardless of the identity of the future recruit; and
  • a proposed sponsorship that depends on characteristics or immigration history specific to a particular worker.

Where the latter applies, the individual may need to be identified before a compliant Defined CoS request can be made.

 

2. Requesting Defined CoS before recruitment is complete

Where a worker has not yet been identified, the employer should ensure that the role itself is sufficiently settled to allow accurate information to be provided in the Defined CoS request.

The employer should already know the genuine vacancy it intends to fill, the duties involved, the appropriate occupation code, the proposed salary and working arrangements and the expected recruitment requirement.

This becomes particularly important where employers are requesting multiple Defined CoS for anticipated overseas recruitment.

UKVI can examine whether the number requested is consistent with the employer’s genuine recruitment requirements and can ask for further information where the scale or nature of the request requires explanation.

The ability to request a Defined CoS without first naming the worker should therefore be treated as a practical recruitment facility rather than an opportunity to build up a speculative stock of certificates.

Once the relevant worker has been selected and the Defined CoS is available, the sponsor will still need to complete the assignment process correctly before the worker can use the sponsorship reference for their Skilled Worker application.

 

 

 

 

 

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Section G: How to apply for a Defined Certificate of Sponsorship

Applications for Defined Certificates of Sponsorship are made through the Sponsor Management System.

The process is separate from assigning the CoS to the worker. At this stage, the employer is asking UKVI to approve the Defined CoS application and allocate the certificate to the sponsor’s SMS account. The sponsor can then assign the Defined CoS to the relevant worker.

Employers should prepare the information about the role carefully before submitting the request. UKVI can carry out additional checks where it requires further information about the proposed sponsorship, which can extend the processing time.

The Defined CoS application process can broadly be divided into six stages.

 

1. Step 1: Access the Sponsor Management System

The Defined CoS request must be made through the sponsor’s SMS account by a Level 1 User.

The Level 1 User should first check that the sponsor licence remains active and that the organisation is licensed for the Skilled Worker route.

It is also important to check the sponsor’s current licence rating before starting the application. A sponsor that has been downgraded to a B-rating, or whose licence has been suspended, cannot apply for a Defined CoS while that restriction remains in place.

The Level 1 User should also ensure that the organisation’s sponsor licence details are up to date. Material changes to the business that should have been reported to UKVI can create wider compliance issues if they only become apparent when the organisation subsequently seeks to sponsor workers.

 

2. Step 2: Start the Defined CoS application

The Level 1 User can begin a Defined CoS application through the relevant section of the SMS.

At this stage, the sponsor is applying for UKVI to approve and allocate the Defined CoS. It is not yet assigning the certificate to an individual worker.

This distinction is particularly important where the employer has already selected its preferred candidate. The fact that a candidate has been offered a role does not allow the sponsor to bypass the Defined CoS approval process where a Defined CoS is required.

The employer should allow sufficient time for the request to be considered before committing to a proposed visa application, travel arrangements or employment start date.

 

3. Step 3: Provide details of the role

The sponsor will need to provide information about the role for which the Defined CoS is being requested.

The information required through the SMS allows UKVI to consider whether the proposed sponsorship appears to meet the requirements of the Skilled Worker route.

Depending on the circumstances, the sponsor will need to provide information relating to matters such as:

  • the occupation;
  • the relevant occupation code;
  • the job title;
  • the job description and duties;
  • the proposed salary;
  • the number of working hours;
  • the work location;
  • the proposed employment dates;
  • the applicable salary points option and how the requirements are met, where required;
  • client contract information, where relevant; and
  • other information required by the SMS about the proposed sponsorship.

Accuracy at this stage is important.

Employers should not choose an occupation code merely because it appears to provide a convenient route to sponsorship. The occupation code should properly reflect the role being offered, taking account of the actual duties and responsibilities of the job.

The salary information should likewise reflect the genuine remuneration package that the employer intends to provide.

Where the proposed sponsorship relies on a particular salary points option, the sponsor should ensure that the relevant requirements are actually met and provide the information required by the Home Office to explain the basis on which that option applies.

Where information supplied in the Defined CoS request does not appear consistent with the role, the employer’s business or the applicable Skilled Worker requirements, UKVI may seek further information before deciding the application.

 

4. Step 4: Check the Defined CoS application before submission

The Level 1 User should review the application carefully before submitting it.

Particular attention should be given to the occupation code, salary, working hours, job description, salary points option and the number of Defined CoS being requested.

The sponsor should also consider whether the information entered into the SMS is consistent with its wider recruitment documentation.

For example, the role described in the Defined CoS request should not materially conflict with the employer’s job advertisement, job description, offer documentation, employment contract or other records relating to the vacancy.

This is not simply an administrative exercise.

Sponsors are responsible for the accuracy of information submitted through the SMS. A Defined CoS request can also provide UKVI with information about the organisation’s recruitment activity which may subsequently be relevant to its assessment of sponsor compliance.

Where there is uncertainty about whether the role qualifies for sponsorship, the employer should resolve this before submitting the request rather than relying on approval of the Defined CoS as confirmation that every aspect of the proposed sponsorship is compliant.

 

5. Step 5: Submit the request to UKVI

Once the information has been checked, the Level 1 User can submit the Defined CoS application through the SMS.

The request is then considered by UKVI.

There is no separate application fee simply for asking UKVI to allocate a Defined CoS beyond the applicable Certificate of Sponsorship fee payable under the sponsorship process. Employers should check the current Home Office fee provisions when budgeting for sponsorship, as immigration and sponsorship fees are subject to change.

Many straightforward applications can be decided quickly, but employers should not treat the standard processing indication as a guaranteed turnaround time.

UKVI can carry out further checks before approving a request. It can also ask the sponsor to provide additional information or evidence where this is considered necessary.

The likelihood of additional scrutiny can increase where the information provided raises questions about the role, the number of certificates requested or the organisation’s apparent recruitment requirements.

Employers should therefore avoid structuring recruitment timetables on the assumption that every Defined CoS request will automatically be approved within the standard processing period.

 

6. Step 6: Receive the UKVI decision

If UKVI approves the application, the Defined CoS is allocated to the sponsor’s SMS account.

Approval does not mean that the worker has been granted a visa, nor does it mean that the worker has yet been formally assigned the Certificate of Sponsorship.

The sponsor must still create and assign the approved Defined CoS to the relevant worker and complete the required sponsorship information accurately.

The worker can then use the CoS reference number generated through the assignment process when making their Skilled Worker visa application.

If UKVI does not approve the request, grants fewer Defined CoS than requested or seeks further information before making its decision, the employer should establish the reason before taking further action.

Repeatedly submitting applications without addressing the issue that caused concern can create further delay and may draw additional scrutiny to the sponsor’s recruitment activity.

 

 

 

 

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Section H: Can employers request more than one Defined CoS?

Yes. An employer can request more than one Defined Certificate of Sponsorship where it genuinely expects to sponsor multiple Skilled Workers from outside the UK.

This is particularly relevant to businesses undertaking recruitment campaigns for several workers performing the same type of role.

More than one Defined CoS can be included within the same application where the relevant role details are the same. This includes matters such as the proposed start date, occupation code, job description and salary.

Where the proposed workers will be filling materially different roles or the relevant sponsorship details differ, the employer should ensure that the Defined CoS applications accurately reflect those differences rather than treating the recruitment as a single uniform requirement.

The number requested should correspond to a genuine and credible recruitment requirement.

For example, an employer recruiting ten workers into the same role may have a legitimate reason for requesting ten Defined CoS. The sponsor should nevertheless be in a position to explain why that level of overseas recruitment is required if UKVI asks for further information.

Requests for multiple certificates can attract additional scrutiny where the volume does not appear readily consistent with the size, activities or recruitment pattern of the sponsoring organisation.

A business with a substantial workforce and established programme of international recruitment may be able to demonstrate its requirement relatively easily. A much smaller business suddenly requesting a significant number of Defined CoS may need to provide more information explaining the commercial and operational basis for the recruitment.

The important point is that employers should request the number they genuinely expect to need rather than attempting to obtain certificates simply in case they might be useful later.

 

1. What if UKVI approves fewer Defined CoS than requested?

UKVI does not have to approve the full number of Defined CoS requested by the sponsor.

When considering a request for multiple certificates, UKVI can consider whether the sponsor has provided sufficient justification for the number requested and whether the recruitment requirement appears credible.

It can also consider matters such as whether there appears to be sufficient genuine work for the proposed sponsored workers and the sponsor’s previous compliance with its sponsorship duties.

For example, an employer might request ten Defined CoS for the same role but provide information that supports a genuine requirement for only five workers.

UKVI can decide to grant fewer certificates than requested rather than simply treating the number entered by the employer as determinative.

Employers should therefore avoid inflating the number requested to provide contingency for possible future recruitment.

The number should reflect a genuine anticipated requirement that the sponsor can explain and, where necessary, evidence.

 

 

 

 

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Section I: DM Insight: Be prepared to justify multiple Defined CoS requests

Where an employer requests several Defined CoS, the practical question is not simply whether the roles are technically eligible for sponsorship. The sponsor should also be able to demonstrate why the business genuinely needs the number of overseas workers being requested.

The appropriate evidence will depend on the organisation and the circumstances of the recruitment.

Relevant supporting material could include:

  • current vacancies and recruitment plans;
  • job descriptions and organisational charts;
  • evidence of business expansion;
  • new contracts or increased client demand;
  • workforce and payroll information;
  • evidence of staff turnover or persistent vacancies;
  • recruitment activity for the relevant roles;
  • business plans or operational forecasts where relevant; and
  • an explanation of how the proposed workers will fit within the existing business.

The objective is not to create unnecessary documentation for every Defined CoS request. It is to ensure that, if UKVI questions the scale or nature of the proposed recruitment, the sponsor can provide a coherent explanation supported by its business records.

This is particularly important where there is an apparent mismatch between the number of workers being requested and the sponsor’s existing operations.

For example, a relatively small organisation requesting a substantial number of Defined CoS over a short period should anticipate the possibility that UKVI may want to understand the reason for the increase in headcount, how the roles have arisen and whether the business has genuine work for the proposed recruits.

The employer’s explanation should be consistent across its sponsorship records, recruitment documentation and wider business information.

Defined CoS requests should therefore form part of the organisation’s broader sponsor compliance process rather than being treated as isolated administrative transactions within the SMS.

 

 

 

 

 

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Section J: What information does UKVI consider when deciding a Defined CoS request?

A Defined CoS request is not simply an administrative request for a sponsorship reference. UKVI can consider the information supplied by the sponsor to determine whether the proposed sponsorship meets the relevant requirements and whether there appears to be a genuine and eligible Skilled Worker role for which a Defined CoS should be allocated.

The information entered into the SMS therefore needs to be accurate, internally consistent and capable of being supported if UKVI asks the sponsor for further information.

The precise issues will depend on the circumstances of the request, but employers should expect particular attention to be given to the role, occupation code, salary, working arrangements, genuine vacancy requirement and the number of Defined CoS requested.

 

1. The occupation and occupation code

The sponsor must use the appropriate occupation code for the job being sponsored.

This should be determined by reference to the actual role and its duties rather than simply the job title used by the employer.

Job titles can vary significantly between organisations. Two employees with the same job title may perform materially different functions, while two differently titled jobs may in practice involve very similar duties.

The employer should therefore be able to explain why the selected occupation code properly describes the role.

Using an occupation code that does not correspond with the actual duties can create problems both when the Defined CoS is requested and later when the worker applies for immigration permission.

Employers should be particularly careful where a role sits close to the boundary between different occupation codes or where the proposed duties appear materially different from those normally associated with the selected occupation.

An inappropriate occupation code can result in the Defined CoS application being rejected. Deliberately manipulating the occupation code to make an otherwise ineligible role appear capable of sponsorship can also create serious sponsor licence compliance consequences.

 

2. The salary being offered

Salary is another important part of the Defined CoS request.

The employer should provide accurate information about the remuneration attached to the role and ensure that the proposed salary complies with the Skilled Worker requirements applicable to the particular sponsorship.

This can require more than checking a single headline salary threshold.

The salary requirements under the Skilled Worker route can depend on matters including the occupation, the applicable going rate and the salary points option on which the worker is relying.

Employers should therefore establish the correct salary requirement for the individual sponsorship before requesting and subsequently assigning the Defined CoS.

Where salary is calculated by reference to working hours, the employer should also ensure that the hours entered into the sponsorship record accurately reflect the proposed employment arrangements.

Where the worker has been identified and the Defined CoS application requires the sponsor to specify the relevant salary points option, the employer should provide accurate information explaining how the worker is expected to satisfy that option.

The Defined CoS application should not be used to test whether a proposed salary might be acceptable. The employer should have established that the role can satisfy the relevant sponsorship requirements before submitting the request.

 

3. The nature of the job

UKVI may consider whether the role described in the request appears credible in the context of the sponsoring organisation.

The employer should be able to explain what the worker will actually do, where the role sits within the organisation and why the position exists.

The job description should be sufficiently clear to demonstrate the nature and level of the work.

Generic descriptions copied from recruitment templates or occupational classifications can be problematic where they do not accurately describe the position being recruited for.

The sponsor should also ensure consistency between the Defined CoS request and its underlying recruitment documentation.

For example, there should not be unexplained material differences between the duties described to UKVI and those contained in the vacancy advertisement, internal job description, employment offer, employment contract or other recruitment records.

 

4. Whether the role is genuine

Sponsors can only use the Skilled Worker route to fill genuine employment roles.

A role should not have been created principally to facilitate an individual’s immigration to the UK, and the sponsor should not exaggerate or manipulate the duties of a role in an attempt to make it appear eligible for sponsorship.

UKVI can consider the role in the context of the sponsor’s organisation and business activities.

Questions may arise, for example, where the proposed position appears unusual for the type or size of business, where the duties do not appear consistent with the selected occupation code or where the number of workers being sponsored appears difficult to reconcile with the organisation’s operations.

UKVI can also consider whether the proposed arrangement involves the worker being supplied to a third party or filling an ongoing routine role for a third party in circumstances prohibited by the sponsor rules.

This does not mean that an employer cannot create a new role, expand rapidly, win a significant new contract or recruit into positions it has not previously employed.

It means the sponsor should be capable of explaining the genuine commercial or operational reason for the role if asked.

 

5. The number of Defined CoS requested

Where an employer requests multiple Defined CoS, UKVI may consider whether the number requested appears consistent with the organisation’s recruitment requirements.

The sponsor should therefore be able to explain why it expects to recruit the stated number of overseas workers.

The relevant context may include the size of the existing workforce, business growth, vacancies, staff turnover, new contracts, expansion into new locations or increased demand for particular services.

There is no substitute for the sponsor’s actual commercial circumstances. The evidence that is persuasive for a large national organisation recruiting dozens of workers may be very different from the evidence expected from a small company seeking a significant increase in its workforce.

Employers should avoid requesting an inflated number of Defined CoS merely to provide flexibility for possible future recruitment.

 

6. The sponsor’s wider circumstances and compliance history

Information provided through a Defined CoS request does not exist in isolation from the sponsor’s wider relationship with UKVI.

Where relevant, UKVI can consider the request against information already held about the sponsor and its licence, including the organisation’s previous use of the sponsorship system and its compliance history.

This makes consistency particularly important.

The organisation’s description of its activities, workforce, structure and recruitment needs should be capable of being reconciled with information previously provided to UKVI and with changes reported through the SMS.

Where there has been significant business growth or another material change since the sponsor licence was originally granted, the organisation should ensure that any reportable changes have been dealt with correctly.

A Defined CoS request can therefore expose wider sponsor licence issues where the information submitted does not correspond with the sponsor’s existing records.

 

7. Why can UKVI reject a Defined CoS request?

UKVI can reject a Defined CoS application where the relevant sponsorship requirements are not met.

Depending on the circumstances, reasons for rejection can include:

  • the proposed job not meeting the applicable skill or occupation requirements;
  • an inappropriate occupation code being used;
  • the salary not meeting the relevant Skilled Worker requirements;
  • the role not being genuine;
  • the proposed arrangement involving prohibited third-party working or labour supply;
  • the proposed employment not complying with relevant UK employment law;
  • false, inaccurate or misleading information being supplied;
  • the sponsor failing to provide requested information or evidence; or
  • the proposed sponsorship otherwise failing to satisfy the relevant Skilled Worker requirements.

Where multiple Defined CoS are requested, UKVI can also consider whether the sponsor has adequately justified the number requested, whether there is a credible recruitment requirement and whether there is sufficient genuine work for the proposed workers.

Previous non-compliance and repeated applications that substantially reproduce a request that has already been rejected can also affect UKVI’s consideration.

A Defined CoS application should therefore be prepared on the basis that the sponsor may have to substantiate both the eligibility of the role and the underlying recruitment requirement.

 

 

 

 

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Section K: How long does a Defined CoS application take?

UKVI states that Defined CoS applications are usually approved within one working day.

For many employers, this makes the Defined CoS process relatively quick where the request is straightforward and UKVI does not require additional information.

The one-working-day timeframe should not, however, be treated as a guaranteed service standard.

Some applications take longer because UKVI needs to carry out further checks before deciding whether to approve the request.

Employers should therefore build flexibility into recruitment and immigration timetables rather than arranging a worker’s visa application, travel or employment start date on the assumption that the Defined CoS will necessarily be available the following working day.

 

1. Why can a Defined CoS take longer than one working day?

A Defined CoS application can take longer where UKVI decides that additional checks are required.

This may involve further consideration of the role or the information supplied in the request. UKVI may also contact the sponsor for additional information or supporting evidence.

Issues capable of prompting further scrutiny can include questions about:

  • the occupation code;
  • the duties of the proposed role;
  • salary and working arrangements;
  • the salary points option being relied upon;
  • the number of Defined CoS requested;
  • the sponsor’s recruitment requirement;
  • whether the role appears genuine;
  • the relationship between the proposed role and the sponsor’s business activities;
  • client or third-party working arrangements; or
  • inconsistencies in the information available to UKVI.

A delay does not necessarily mean that the request will be rejected.

It may simply mean that UKVI requires additional information before it is prepared to approve and allocate the certificate.

The sponsor should respond carefully to any request for further information and within any deadline specified.

 

2. What if UKVI asks for further information?

Where UKVI requests further information about a Defined CoS application, the employer should identify exactly what issue is being queried before responding.

The response should address the questions asked and should be supported by appropriate evidence where required.

Depending on the nature of the query, this could involve providing documents or explanations relating to the vacancy, duties of the role, salary, organisational structure, recruitment activity, client arrangements or the business reason for requiring the worker or workers.

Employers should avoid providing inconsistent or speculative explanations merely to secure approval.

Information supplied in response to UKVI becomes part of the sponsor’s dealings with the Home Office and should be capable of being reconciled with the organisation’s wider records.

Where the request concerns multiple Defined CoS, the employer may need to explain why the number requested is commercially justified.

Where the concern relates to the role itself, the sponsor may need to demonstrate how the position fits within the business and why the selected occupation code accurately reflects the work the sponsored employee will perform.

The employer should retain appropriate records of the request, its response and any supporting evidence provided.

 

3. What should employers do if a Defined CoS application is delayed?

Where a request remains outstanding beyond the usual processing period, the employer should not assume that the delay necessarily indicates that the application will be rejected.

UKVI may be carrying out additional checks or considering whether further information is required.

The sponsor should monitor communications relating to the request and respond promptly where UKVI asks for additional information.

Employers should avoid submitting repeated duplicate Defined CoS requests simply because the original application has not been decided within one working day.

Instead, the sponsor should establish the status of the outstanding request and ensure that any Home Office enquiry has been dealt with correctly.

The recruitment timetable should meanwhile be managed on the basis that the worker cannot proceed using the required sponsorship until the Defined CoS has been approved, allocated and subsequently assigned.

 

4. Can the sponsor priority service be used for a Defined CoS application?

Employers should distinguish Defined CoS applications from other sponsor management requests that may be eligible for the Home Office Worker and Temporary Worker priority service.

The sponsor priority service for eligible change-of-circumstances and allocation requests should not be treated as a mechanism for accelerating a Defined CoS application.

In particular, additional CoS allocation requests dealt with through the relevant priority service concern Undefined CoS rather than Defined CoS.

Employers experiencing a delayed Defined CoS application should therefore follow the applicable Defined CoS process rather than attempting to convert the request into an Undefined CoS priority application.

 

 

 

 

 

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Section L: What happens after a Defined CoS is approved?

Approval of the Defined CoS request is an important stage, but it does not complete the sponsorship process.

If UKVI approves the application, the Defined CoS is allocated to the sponsor’s Sponsor Management System account.

The employer must then assign the Defined CoS to the worker.

Assignment creates the individual sponsorship record that the worker will rely on when making their Skilled Worker visa application.

Before assigning the certificate, the sponsor should check that the role and worker still satisfy the applicable requirements and that the information being entered into the CoS is accurate.

This is particularly important where some time has passed since the Defined CoS was originally requested.

Circumstances may have changed. The proposed salary, working hours, start date, work location or other aspects of the employment may no longer be identical to those anticipated when the request was submitted.

Employers should not assume that approval of the original Defined CoS request permits unrestricted changes when assigning the certificate. The Home Office permits certain specified changes, but other material changes can mean that the approved Defined CoS should no longer be used.

Once the Defined CoS has been correctly assigned, the SMS generates the CoS reference number required for the worker’s Skilled Worker application.

The worker can then use that reference when applying for immigration permission.

Approval of the Defined CoS should not be confused with approval of the worker’s visa application. UKVI will separately assess whether the applicant satisfies the requirements of the Skilled Worker route.

Similarly, Defined CoS approval should not be treated as confirmation that every aspect of the sponsor’s proposed recruitment has been approved for compliance purposes.

The employer remains responsible for ensuring that the sponsorship is lawful and accurate at the point of assignment and throughout the worker’s sponsored employment.

 

1. Can an approved Defined CoS be changed?

There is limited scope to make changes to the information associated with an approved Defined CoS when it is assigned.

An approved Defined CoS is not a generic sponsorship permission that can simply be adapted to a substantially different job.

The certificate has been approved on the basis of the information supplied in the original Defined CoS application. The sponsor should therefore compare the final employment arrangements against that information before assignment.

Home Office guidance permits specified changes to be dealt with when the Defined CoS is assigned, including certain changes relating to:

  • salary, provided the revised salary continues to satisfy the applicable requirements and remains eligible for the same salary points option;
  • weekly working hours, subject to the corresponding salary requirements; and
  • the proposed employment start and end dates.

Where permitted, the sponsor may need to explain the change using the relevant sponsor note functionality when assigning the certificate.

The employer should not assume that the same approach can be used for other changes.

 

2. What changes can mean the Defined CoS can no longer be used?

More fundamental changes to the role can mean that the approved Defined CoS should not be assigned.

In particular, where matters such as the occupation code or job description have changed, the sponsor should not simply amend or repurpose the approved certificate for the new role.

The sponsor will generally need to notify the Home Office so that the existing Defined CoS can be cancelled and, where sponsorship is still required, consider whether a new Defined CoS application should be made using the correct information.

The same caution applies where salary or working hours have changed in a way that falls outside the changes permitted under the sponsor guidance.

This is because UKVI approved the Defined CoS on the basis of a particular proposed job and sponsorship arrangement.

Employers should therefore carry out a final comparison between the approved request and the actual job before assignment.

 

3. What if the worker changes before the Defined CoS is assigned?

A Defined CoS can, in appropriate circumstances, be requested before a particular worker has been identified.

As a result, the fact that the employer ultimately recruits a different individual does not necessarily mean that a fresh Defined CoS is required.

The more important question is whether the job for which the Defined CoS was approved remains the same and whether the individual ultimately selected can satisfy the relevant Skilled Worker requirements.

For example, where an employer has requested a Defined CoS for a particular eligible vacancy before completing an overseas recruitment campaign, it may subsequently assign the approved certificate to the successful candidate if the applicable requirements are satisfied.

However, this general position is subject to the rules governing worker-specific eligibility.

Where the original Defined CoS application depended on a transitional provision, salary points option or other requirement linked to the characteristics of a particular worker, changing the individual may materially affect whether the approved certificate can still be used.

The employer should therefore reconsider the sponsorship position before assignment rather than assuming that every approved Defined CoS can automatically be transferred between candidates.

 

 

 

 

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Section M: How long is an approved Defined CoS valid?

There are two separate time limits employers need to understand: the period in which the sponsor must assign an approved Defined CoS, and the period in which the worker must use an assigned CoS.

Once a Defined CoS has been approved and allocated to the sponsor’s SMS account, the sponsor must normally assign it to a worker within 90 days.

If it is not assigned within that period, it will be removed from the sponsor’s account.

The SMS guidance applies the 90-day period precisely from the point the Defined CoS is granted, so employers should not assume that they have until the end of the 90th calendar day irrespective of the time at which the certificate was allocated.

Employers should therefore only request Defined CoS where there is a genuine intention to use them within the permitted timeframe.

Once the Defined CoS has been assigned to a worker, a separate time limit applies. The worker generally has three months from the date of assignment to use the CoS in support of their immigration application.

This creates two distinct stages:

  1. Defined CoS approved and allocated: the sponsor normally has 90 days to assign it.
  2. Defined CoS assigned: the worker generally has three months to use it for their immigration application.

Employers should factor both periods into their recruitment planning.

Requesting a Defined CoS significantly earlier than it is likely to be required can result in the certificate being removed from the SMS before the employer is ready to assign it. Assigning it too early can similarly create problems if the worker is not ready to submit their visa application.

There is also a relationship between CoS timing and the proposed employment start date. Employers should ensure that the timing of the worker’s immigration application is compatible with the start date recorded on the CoS and the applicable Skilled Worker application rules.

Sponsors should therefore coordinate the Defined CoS request, assignment, visa application and intended employment start date rather than treating each stage separately.

 

1. What happens if the sponsor licence is downgraded after the Defined CoS is approved?

An employer’s ability to use an approved Defined CoS can be affected by a subsequent downgrade of its sponsor licence.

If the sponsor has unassigned Defined CoS in its SMS account and its licence is downgraded to a B-rating, it cannot simply continue assigning those certificates as if the licence remained A-rated.

The sponsor will need to address the compliance issues underlying the downgrade and regain the necessary licence status before it can resume the relevant sponsorship activity.

The 90-day validity period for an allocated Defined CoS remains important. If the sponsor does not regain its A-rating and assign the Defined CoS within the applicable period, the certificate can be removed from the account.

This can create significant practical difficulties where an overseas worker has already been recruited.

Employers facing sponsor licence downgrading should therefore consider not only the immediate consequences for the licence but also the effect on pending recruitment and any approved but unassigned Defined CoS.

 

2. What happens if the sponsor licence is suspended?

Suspension can also prevent an employer from progressing the assignment of an approved Defined CoS.

A sponsor whose licence is suspended cannot continue using the sponsorship system as though the licence remained unrestricted.

This can affect overseas recruitment that is already underway, including cases where the employer has obtained the necessary Defined CoS but has not yet assigned it to the worker.

Where the 90-day period is running, delay caused by sponsor licence action can therefore have consequences for the continued availability of the certificate.

Employers facing suspension should review all outstanding sponsorship activity promptly, including pending Defined CoS applications, approved but unassigned Defined CoS and workers whose sponsorship process has not yet been completed.

 

 

 

 

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Section N: Can the Home Office reclaim an approved Defined CoS?

Yes. Approval and allocation of a Defined CoS does not mean that the certificate is necessarily beyond further Home Office scrutiny before it is assigned.

The Home Office can subsequently identify an issue which means that a Defined CoS application should not have been treated as valid.

Where an allocated but unassigned Defined CoS is subsequently found to have resulted from an invalid application, the Home Office can reclaim the certificate from the sponsor’s SMS account.

The employer would then be unable to assign that Defined CoS to the worker.

If the employer still requires sponsorship, it will need to consider the reason the certificate was reclaimed, correct the underlying issue and, where appropriate, submit a new Defined CoS application.

The sponsor should not simply repeat the original application without addressing the reason the previous request was considered invalid.

This reinforces the importance of treating Defined CoS approval as one stage in the sponsorship process rather than as an unconditional approval of the proposed recruitment.

 

 

 

 

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Section O: Can a Defined CoS be withdrawn or cancelled?

A Defined CoS can cease to be available or usable in a number of circumstances.

For example, an unassigned Defined CoS will be removed from the sponsor’s account if it is not assigned within the applicable 90-day period.

A material change to the proposed role outside the changes permitted by the sponsor guidance may also mean that the employer needs to notify the Home Office so that the Defined CoS can be cancelled.

Sponsors should therefore avoid viewing approved Defined CoS as a transferable pool of sponsorship permissions.

Each certificate is connected to the role and information on which UKVI approved the original request.

If the recruitment is cancelled, the job changes materially or the sponsor no longer intends to use the Defined CoS as originally requested, the employer should determine the appropriate action through the SMS and under the current sponsor guidance rather than attempting to use the certificate for another purpose.

This is particularly important because a sponsor should only assign a Defined CoS where it intends to employ the worker in accordance with the details given in the application, subject to the limited changes permitted by the Home Office guidance.

Providing false or misleading information in a Defined CoS application can have serious sponsor licence consequences.

Examples of serious misuse can include stating a salary that the sponsor does not genuinely intend to pay, assigning the certificate for a materially different job or deliberately using an inappropriate occupation code to make the role appear eligible for sponsorship.

Defined CoS management should therefore be treated as part of the employer’s wider sponsor licence compliance responsibilities rather than simply as a preliminary step in obtaining a Skilled Worker visa.

 

 

 

 

 

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Section P: What if a Defined CoS application is rejected?

UKVI can reject a Defined CoS application where the relevant requirements are not met or where the sponsor does not provide information requested as part of the decision-making process.

A rejection should not simply be treated as an administrative setback. The employer should establish why UKVI rejected the request before making another application.

Depending on the circumstances, the problem may relate to the proposed job itself, the occupation code, salary, sponsorship requirements, number of Defined CoS requested or the information and evidence provided by the employer.

Problems may arise where:

  • the proposed role does not meet the applicable Skilled Worker requirements;
  • the occupation code does not properly reflect the job;
  • the proposed salary does not satisfy the relevant requirements;
  • the salary points option relied upon is not available;
  • UKVI is not satisfied that the vacancy is genuine;
  • the proposed arrangement involves prohibited third-party working or labour supply;
  • the proposed employment does not comply with applicable UK employment law;
  • the number of Defined CoS requested has not been adequately justified;
  • the sponsor has provided inaccurate, false or misleading information;
  • the sponsor has failed to provide requested information or evidence; or
  • the proposed sponsorship otherwise fails to satisfy the applicable requirements.

The employer should identify the specific issue before deciding whether another application is appropriate.

Where the problem is capable of being corrected, a further Defined CoS request may be possible. However, the new application should address the reason for the previous rejection rather than simply repeating the same information.

 

1. Can employers reapply after a Defined CoS rejection?

A rejected Defined CoS application does not necessarily prevent the employer from making another request.

Whether a further application is appropriate will depend on why the original request was rejected.

For example, where the issue resulted from an error in the information provided, the employer may be able to correct the error and make a fresh request.

Where the problem concerns the underlying eligibility of the role, however, simply submitting another application will not resolve the issue.

The employer may first need to reconsider matters such as:

  • the occupation code;
  • the duties of the role;
  • the proposed salary;
  • the salary points option;
  • the working arrangements;
  • the genuineness of the vacancy;
  • the number of workers being requested; or
  • the evidence supporting the recruitment requirement.

A further application should only be made once the sponsor is satisfied that the underlying issue has been addressed and that the information being submitted is accurate.

 

2. Repeated Defined CoS rejections and sponsor compliance

Employers should take particular care where Defined CoS applications are repeatedly rejected.

Repeatedly submitting substantially the same application without dealing with the issue identified by UKVI can increase the sponsor’s compliance risk.

Home Office guidance allows the sponsor’s previous use of the sponsorship system and compliance history to be taken into account when considering Defined CoS requests.

Persistent applications that are rejected, repeated requests that do not adequately address earlier concerns or patterns of questionable sponsorship activity can potentially lead to wider compliance scrutiny.

The employer should therefore treat repeated rejection as a signal to review the proposed sponsorship and, where appropriate, its wider sponsor management processes.

The issue may no longer be confined to obtaining an individual Defined CoS.

 

 

 

 

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Section Q: Defined CoS mistakes employers should avoid

Errors involving Defined Certificates of Sponsorship can cause more than a delay to an individual recruitment exercise.

Sponsors are responsible for ensuring that Certificates of Sponsorship are requested and assigned correctly, and misuse of the sponsorship system can lead to Home Office compliance action.

Employers should therefore treat the Defined CoS process as part of their sponsor licence compliance framework rather than as a routine administrative task.

The following are among the most important mistakes to avoid.

 

1. Using an Undefined CoS for a worker applying from overseas

One of the most serious mistakes is assigning an Undefined CoS to a Skilled Worker who requires a Defined CoS.

For the Skilled Worker route, a Defined CoS is required where the worker is applying for entry clearance from outside the UK.

An employer should not use an Undefined CoS simply because one is already available in its annual allocation or because using it appears administratively easier.

Home Office sponsor guidance treats incorrect use of an Undefined CoS where a Defined CoS is required as a serious breach and indicates that the sponsor licence will normally, or is likely to, be revoked in these circumstances.

Sponsors should therefore establish where and how the worker will make their immigration application before deciding which type of CoS to use.

 

2. Requesting more Defined CoS than the business genuinely needs

Defined CoS should be requested against a genuine anticipated recruitment requirement.

An employer should not request an inflated number simply to create a reserve of certificates for possible future recruitment.

Where several Defined CoS are requested, UKVI can consider whether the number is justified by the sponsor’s circumstances.

The employer should be capable of explaining why it expects to recruit that number of workers and, where necessary, supporting the explanation with evidence.

A request that appears disproportionate to the organisation’s size, activities or workforce may result in further enquiries or UKVI granting fewer Defined CoS than requested.

The appropriate approach is therefore to request the number the organisation can reasonably anticipate needing and can substantiate if UKVI asks for further information.

 

3. Selecting the wrong occupation code

The occupation code used in the Defined CoS request should accurately reflect the job the sponsored worker will actually perform.

Employers should not select an occupation code solely because it produces a more favourable sponsorship outcome.

The correct code should be determined from the substance of the role, including the worker’s principal duties and responsibilities.

Problems can arise where a job title appears consistent with a particular occupation code but the underlying duties do not.

This is particularly important where the role could potentially fall within more than one occupational classification.

The employer should be able to explain why the chosen occupation code accurately represents the job.

Deliberately using an inappropriate occupation code to make a role appear eligible for sponsorship can have serious consequences for the sponsor licence.

 

4. Providing incorrect salary information

The salary entered into the Defined CoS request should reflect the genuine remuneration the employer intends to pay.

Employers should establish the applicable Skilled Worker salary requirements before making the request.

This includes considering the relevant salary threshold, applicable going rate and the salary points option on which the sponsorship relies.

The sponsor should also ensure that working hours and salary information are recorded accurately where these affect the assessment of the proposed sponsorship.

A sponsor should not state a higher salary in the Defined CoS request simply to satisfy the immigration requirements if the worker will in reality receive less.

Salary information should also remain consistent with the employment contract, payroll records and the worker’s actual remuneration once employment begins.

False or misleading salary information can result in serious sponsor compliance action.

 

5. Relying on a salary concession the worker does not qualify for

Some Skilled Worker salary provisions depend on the circumstances or characteristics of the individual worker.

Employers should not assume that a discounted salary points option will be available merely because the role itself is eligible for sponsorship.

Where the sponsorship depends on a worker-specific salary provision, the employer should establish that the individual satisfies the relevant requirements.

This is particularly important where the Defined CoS application requires the sponsor to state which salary points option is being relied upon and explain how the requirements are met.

If the worker changes before assignment, the employer should reconsider whether the salary basis used in the original Defined CoS application remains applicable to the replacement candidate.

 

6. Using a job description that does not match the actual role

The job description provided through the sponsorship process should accurately reflect the work the employee will perform.

Sponsors should avoid generic descriptions that have been copied from occupational classifications simply to demonstrate apparent eligibility.

UKVI can consider whether the duties described are credible for the occupation code and for the sponsoring organisation.

The description should also be consistent with the employer’s own recruitment records.

Material discrepancies between the Defined CoS application, vacancy advertisement, internal job description, offer letter, employment contract and the worker’s actual duties can create compliance concerns.

Employers should therefore start with the genuine role and identify the appropriate sponsorship classification from that role, rather than designing the job description around the immigration rules.

 

7. Sponsoring a role that does not appear credible for the business

An eligible occupation code does not automatically make every proposed role suitable for sponsorship.

The role itself must be genuine.

UKVI may consider whether the position makes sense in the context of the organisation’s size, structure and business activities.

For example, questions may arise where a very small organisation proposes to recruit a large number of specialist workers without an obvious operational requirement, or where the duties appear unrelated to the sponsor’s normal activities.

This does not prevent businesses from expanding, entering new markets, winning new contracts or creating new functions.

The issue is whether the employer can provide a credible explanation for the role and demonstrate that there is a genuine employment requirement.

Where a position has arisen because of expansion, a new contract, restructuring or another commercial development, the sponsor should retain appropriate evidence of that context.

 

8. Applying before checking whether the role is eligible

The Defined CoS application should not be treated as a preliminary eligibility test.

Before requesting the certificate, the employer should establish whether the proposed role is capable of being sponsored under the Skilled Worker route.

This can involve checking:

  • whether the occupation is eligible;
  • whether the correct occupation code has been identified;
  • whether the applicable skill requirements are satisfied;
  • whether the proposed salary meets the relevant requirements;
  • whether any salary points option relied upon is available;
  • whether the role is genuine; and
  • whether the sponsor is authorised to sponsor the worker under the relevant route.

Resolving these matters before making the Defined CoS request reduces the risk of delay, rejection and inconsistent information being provided to UKVI.

 

9. Failing to check the role again before assigning the Defined CoS

Approval of the Defined CoS request does not end the employer’s compliance responsibilities.

There can be a period between the original request and the point at which the certificate is assigned to the worker.

During that period, circumstances can change.

For example:

  • the salary may have changed;
  • the duties may have been amended;
  • working hours may be different;
  • the work location may have changed;
  • the employer may have selected a different candidate; or
  • the proposed start date may have moved.

Before assignment, the employer should compare the final employment arrangements against the information on which the Defined CoS was approved.

Some specified changes can be accommodated within the sponsorship rules, while other material changes may mean that the existing Defined CoS should not be used.

Employers should therefore avoid treating an approved Defined CoS as a generic sponsorship permission that can be transferred to any broadly similar vacancy.

 

10. Assuming Defined CoS approval will always take one working day

UKVI states that Defined CoS applications are usually approved within one working day, but this should not be interpreted as a guaranteed decision time.

Additional checks can extend the process.

Employers that build recruitment plans around an assumed next-day approval can create unnecessary difficulties for themselves and the prospective worker.

This is particularly relevant where the worker has a proposed travel date, notice period or employment start date.

The employer should allow sufficient contingency for further enquiries and should ensure that the recruitment process does not depend on an approval timeframe that UKVI does not guarantee.

 

11. Treating Defined CoS approval as visa approval

Approval of a Defined CoS request does not mean that UKVI has approved the worker’s Skilled Worker visa.

These are separate stages.

The Defined CoS application concerns the sponsor’s request for the relevant certificate for the proposed role.

After approval and allocation, the sponsor still needs to assign the certificate correctly to the worker.

The worker must then make their own immigration application and satisfy the requirements of the Skilled Worker route.

A prospective employee should therefore not make irreversible arrangements solely because the employer’s Defined CoS request has been approved.

 

12. Failing to respond properly to UKVI enquiries

Where UKVI asks for additional information about a Defined CoS request, the response should be treated seriously.

The sponsor should understand what UKVI is querying and provide a clear, accurate response supported by appropriate evidence.

A rushed response can create further questions, particularly if the information conflicts with the original request or other information held about the sponsor.

Equally, failing to provide requested information within the specified timeframe can result in the Defined CoS request being rejected.

Sponsors should retain a record of the enquiry, the response and supporting documents.

This provides an audit trail if the recruitment or sponsor’s compliance is subsequently reviewed.

 

13. Repeatedly submitting rejected Defined CoS requests

Where a Defined CoS request is rejected, employers should establish why before making another application.

Simply submitting the same request repeatedly without addressing the underlying issue can increase the sponsor’s compliance risk.

The problem may be capable of straightforward correction. Alternatively, the rejection may indicate a more fundamental issue with the proposed role, salary, occupation code, recruitment requirement or supporting evidence.

Repeated unsuccessful requests can attract Home Office attention.

The employer should therefore identify and resolve the underlying issue before resubmitting.

 

14. Treating an approved Defined CoS as transferable to another job

An approved Defined CoS should not be regarded as a general permission to sponsor any suitable worker in any suitable role.

UKVI approves the request on the basis of the information supplied about the proposed job.

While specified changes can be dealt with when the certificate is assigned, a material change such as a different occupation code or materially different job description can mean that the existing Defined CoS cannot be used.

Employers should therefore reconsider the sponsorship position whenever the role changes materially between approval and assignment.

 

 

 

 

 

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Section R: Defined CoS employer checklist

Employers should approach a Defined CoS request as part of the wider Skilled Worker sponsorship process rather than as a standalone administrative task.

The following checklist can help sponsors identify the principal issues before requesting, assigning and using a Defined CoS.

 

1. Before applying for a Defined CoS

  • Confirm that the organisation holds a valid sponsor licence covering the Skilled Worker route.
  • Check that the sponsor remains A-rated and is not subject to suspension.
  • Confirm that a Defined CoS is the correct type of Certificate of Sponsorship for the proposed worker.
  • Establish that the worker will be applying for Skilled Worker entry clearance from outside the UK.
  • Check that the proposed occupation is eligible for sponsorship.
  • Select the occupation code that accurately reflects the actual duties of the role.
  • Confirm that the vacancy is genuine.
  • Check that the proposed salary satisfies the applicable Skilled Worker requirements.
  • Confirm the proposed working hours and ensure these are consistent with the salary information.
  • Identify the applicable salary points option where required.
  • Where eligibility depends on worker-specific characteristics, confirm that the proposed worker satisfies those requirements.
  • Check whether a worker has to be identified before the Defined CoS application because of any applicable transitional or worker-specific provision.
  • Prepare an accurate job description reflecting the work the employee will actually perform.
  • Check that the role and recruitment requirement are credible in the context of the organisation.
  • Where the worker will be involved in a client contract, prepare the required information about the client, contract and key deliverables.
  • Where multiple Defined CoS are required, confirm that the number requested can be commercially justified.
  • Check that the role details are the same where multiple Defined CoS are being included within a single application.
  • Ensure that relevant sponsor licence details and reportable organisational changes are up to date.

 

2. When completing the Defined CoS application

  • Use an authorised Level 1 User to submit the request through the Sponsor Management System.
  • Enter the correct occupation code.
  • Provide an accurate job title and job description.
  • Enter the genuine salary the employer intends to pay.
  • Record the correct working hours.
  • Provide accurate proposed employment dates.
  • Provide the correct work location information.
  • State the applicable salary points option and explain how it applies where required.
  • Provide the required client contract information where applicable.
  • Ensure that the number of certificates requested reflects the genuine recruitment requirement.
  • Check the information against the employer’s recruitment and employment documentation before submission.
  • Avoid assumptions, estimates or information that cannot be substantiated if UKVI asks for evidence.

 

3. After submitting the Defined CoS request

  • Monitor the application through the SMS.
  • Do not assume that approval will necessarily be received within one working day.
  • Monitor for requests from UKVI for additional information or evidence.
  • Respond to any UKVI enquiry within the specified timeframe.
  • Keep copies of information and evidence supplied in response to Home Office enquiries.
  • If the request is rejected, identify and address the reason before submitting another application.
  • If fewer Defined CoS are approved than requested, establish why before making any further request.

 

4. After the Defined CoS is approved

  • Record when the Defined CoS was allocated to the SMS account.
  • Monitor the 90-day period in which the approved Defined CoS must be assigned.
  • Confirm that the role remains the same as the role for which the Defined CoS was approved.
  • Check whether the salary, working hours or employment dates have changed.
  • Ensure that any permitted changes are recorded correctly when the CoS is assigned.
  • Do not repurpose the Defined CoS where the occupation code or job description has materially changed.
  • Where a material change means the certificate can no longer be used, follow the appropriate Home Office process rather than assigning inaccurate sponsorship.
  • If the worker has changed, confirm that the replacement candidate satisfies the relevant Skilled Worker requirements.
  • Recheck any worker-specific salary points or transitional provisions before assignment.
  • Confirm that the sponsor remains entitled to assign the Defined CoS.

 

5. When assigning the Defined CoS

  • Ensure that all worker details are accurate.
  • Confirm the final role details.
  • Confirm the final salary and working hours.
  • Check the occupation code again.
  • Confirm that the job remains genuine and eligible for sponsorship.
  • Use a sponsor note where required and permitted to explain an allowable change.
  • Do not attempt to use a sponsor note to convert the certificate to a materially different role.
  • Check that the Defined CoS is still within its 90-day assignment period.
  • Retain appropriate records of the sponsorship decision and supporting documentation.

 

 

 

 

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Section S: Defined CoS compliance and wider sponsor licence risk

The Defined CoS process forms part of the Home Office sponsor control framework.

It should not be viewed simply as an administrative gateway that employers have to pass through before a worker can make a visa application.

Every Defined CoS request provides UKVI with information about the sponsor, the role being recruited for and the organisation’s intended use of the Skilled Worker route.

That information can be considered alongside the sponsor’s existing Home Office records and subsequent sponsorship activity.

For this reason, errors involving Defined CoS can expose issues extending beyond an individual worker’s immigration application.

 

1. Defined CoS applications can expose wider compliance issues

A Defined CoS application can prompt UKVI to consider whether the proposed recruitment is consistent with the information it already holds about the sponsor.

For example, a significant increase in overseas recruitment could raise questions about changes to the organisation, its workforce, business activities or contracts.

Similarly, a request for workers in roles that appear unusual for the sponsor’s business may result in UKVI asking for further information.

This does not mean that unusual or substantial recruitment is inherently non-compliant.

Businesses expand, restructure, acquire new contracts, establish new functions and enter new markets. These can all create legitimate requirements for sponsored workers.

The sponsor should, however, be able to explain the commercial circumstances and demonstrate that the proposed employment is genuine.

 

2. Defined CoS information should match the sponsor’s records

Information submitted through the SMS should be consistent with the organisation’s underlying records.

Depending on the issue, this can include:

  • job descriptions;
  • recruitment records;
  • employment contracts;
  • offer letters;
  • payroll information;
  • organisational charts;
  • business records;
  • client contracts;
  • work location records; and
  • other sponsor compliance documentation.

Material discrepancies can create questions about whether the information provided through the sponsorship system is accurate.

Employers should therefore ensure that the person making the Defined CoS request has access to reliable information about the recruitment rather than completing the application solely from assumptions or incomplete instructions.

 

3. False or misleading information

Providing false or misleading information in connection with a Defined CoS is a serious compliance issue.

This can include deliberately providing inaccurate information about matters such as the role, salary, occupation code, working arrangements or recruitment requirement.

Employers should not manipulate information in an attempt to bring an otherwise ineligible role within the Skilled Worker requirements.

Home Office guidance states that where a sponsor assigns the wrong type of CoS or provides false information in a Defined CoS application, the sponsor licence is likely to be revoked.

The potential consequences therefore extend significantly beyond refusal of the individual worker’s immigration application.

Loss of the sponsor licence can affect the organisation’s ability to recruit sponsored workers and can also affect workers already sponsored by the business.

 

4. Home Office compliance visits

Concerns arising from sponsorship activity can contribute to wider Home Office compliance scrutiny.

The Home Office has powers to examine whether licensed sponsors are complying with their sponsorship duties, including through compliance visits and requests for information.

During a compliance investigation, the Home Office may compare information entered into the SMS with the organisation’s actual employment arrangements and business records.

For Defined CoS, relevant issues can include whether:

  • the sponsored role genuinely exists;
  • the employee is performing the duties stated on the CoS;
  • the occupation code is appropriate;
  • the worker is being paid the salary stated;
  • the working hours correspond with the sponsorship record;
  • the work location is accurate;
  • the worker is genuinely employed by the sponsor;
  • third-party working arrangements comply with the sponsorship rules; and
  • the sponsor has retained the required records.

The information provided when requesting and assigning a Defined CoS should therefore be treated as information that the organisation may subsequently have to demonstrate is accurate in practice.

 

5. Sponsor licence consequences

Defined CoS non-compliance can potentially contribute to a range of sponsor licence consequences depending on the nature and seriousness of the breach.

These can include further Home Office enquiries, compliance investigation, restrictions on sponsorship activity, downgrading, suspension or revocation of the sponsor licence.

Some breaches are treated particularly seriously.

In particular, Home Office guidance indicates that assigning an Undefined CoS where a Defined CoS is required can result in sponsor licence revocation. Providing false information in a Defined CoS application can similarly expose the sponsor to revocation action.

Employers should therefore avoid viewing the choice between Defined and Undefined CoS as a minor technical distinction.

Correct use of Certificates of Sponsorship is a core sponsor licence responsibility.

 

6. Build Defined CoS controls into sponsor management

Organisations that regularly recruit Skilled Workers from overseas should consider incorporating Defined CoS requests into their internal sponsor management procedures.

This can include identifying who is authorised to approve overseas recruitment, who checks the occupation code and salary requirements, who submits the Defined CoS request and who carries out the final review before the certificate is assigned.

A proportionate internal process can help prevent situations where a Level 1 User receives an instruction simply to “issue a CoS” without being given sufficient information to determine whether the sponsorship is compliant.

For higher-volume sponsors, a Defined CoS approval record can also provide a useful audit trail showing:

  • the business reason for the recruitment;
  • the role being sponsored;
  • the occupation code selected;
  • the salary assessment;
  • the applicable salary points option;
  • the person who approved the recruitment;
  • the date the Defined CoS was requested;
  • the date it was allocated;
  • the worker to whom it was assigned; and
  • any changes made between application and assignment.

The objective is not to create unnecessary administration. It is to ensure that the organisation can demonstrate how sponsorship decisions were made and that Defined CoS are requested and assigned consistently.

 

 

 

 

 

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Section T: How DavidsonMorris can help with Defined Certificates of Sponsorship

Defined Certificate of Sponsorship applications can appear straightforward, particularly where an employer is already familiar with the Sponsor Management System. However, the request forms part of the wider Skilled Worker sponsorship process and errors can affect both the proposed recruitment and the employer’s sponsor licence.

DavidsonMorris advises UK employers on all aspects of Defined CoS applications and Skilled Worker sponsorship.

We can support employers with individual Defined CoS requests as well as larger or more complex overseas recruitment programmes.

Our advice can include:

  • confirming whether a Defined or Undefined CoS is required;
  • checking whether the proposed role is eligible for Skilled Worker sponsorship;
  • reviewing the appropriate occupation code;
  • checking the applicable salary requirements and salary points option;
  • advising on worker-specific eligibility issues affecting the Defined CoS request;
  • reviewing job descriptions and proposed duties;
  • advising on genuine vacancy considerations;
  • preparing or reviewing Defined CoS applications;
  • advising on requests for multiple Defined CoS;
  • helping employers evidence substantial overseas recruitment requirements;
  • responding to UKVI requests for further information;
  • advising where a Defined CoS request has been delayed or rejected;
  • reviewing changes to the role between Defined CoS approval and assignment;
  • advising on client and third-party working arrangements;
  • supporting employers where sponsor licence compliance issues affect their ability to obtain or assign Defined CoS; and
  • reviewing wider sponsor management processes and controls.

For employers undertaking significant international recruitment, we can also help establish processes for managing CoS requests, approvals and assignments across the organisation.

This can help reduce the risk of incorrect occupation codes, salary errors, use of the wrong CoS type and inconsistencies between the information recorded in the SMS and the organisation’s employment records.

Where UKVI has raised concerns about a Defined CoS request, early assessment can also help determine whether the issue relates to the individual application or indicates a wider sponsor licence compliance risk.

For advice on a Defined Certificate of Sponsorship application or wider Skilled Worker sponsorship, contact DavidsonMorris.

 

 

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Section U: Defined Certificate of Sponsorship FAQs

 

What is a Defined Certificate of Sponsorship?

A Defined Certificate of Sponsorship is the type of CoS used where a Skilled Worker will apply for entry clearance from outside the UK. The sponsor requests the Defined CoS through the Sponsor Management System before it can be assigned to the worker.

 

Who needs a Defined CoS?

A Defined CoS is generally required where an employer is sponsoring a worker under the Skilled Worker route and the worker will make their application for entry clearance from outside the UK.

 

Is a Defined CoS the same as a Certificate of Sponsorship?

A Defined CoS is one type of Certificate of Sponsorship. The other principal type is an Undefined CoS. Which type is required depends on the immigration route and the circumstances of the worker’s application.

 

What is the difference between a Defined and Undefined CoS?

A Defined CoS is used for Skilled Workers applying for entry clearance from outside the UK. An Undefined CoS is generally used for Skilled Workers making eligible applications from within the UK and for workers sponsored under other Worker and Temporary Worker routes, subject to the requirements of the relevant route.

 

Does a sponsor receive an annual allocation of Defined CoS?

No. Defined CoS are not managed through an annual allocation in the same way as Undefined CoS. The sponsor requests Defined CoS through the SMS as they are required.

 

Who can apply for a Defined CoS?

The request is made through the Sponsor Management System by an authorised Level 1 User acting for a sponsor licensed under the Skilled Worker route.

 

Can a B-rated sponsor apply for a Defined CoS?

No. A sponsor that has been downgraded to a B-rating cannot apply for a Defined CoS while it remains B-rated. It will ordinarily need to regain its A-rating before making the request.

 

Can a suspended sponsor apply for a Defined CoS?

No. A sponsor whose licence is suspended cannot apply for a Defined CoS while the suspension remains in place.

 

Does the worker have to be identified before the Defined CoS application?

Not always. A sponsor can in some circumstances request a Defined CoS where it has an eligible role and reasonably anticipates recruiting someone from outside the UK, even if the individual worker has not yet been selected.

There are, however, exceptions. Some transitional provisions and worker-specific salary points options can require the individual to be identified or their circumstances to be established before the Defined CoS request is made.

 

How do employers apply for a Defined CoS?

The application is made through the Sponsor Management System by a Level 1 User. The sponsor provides information about the proposed role and, where applicable, the basis on which the relevant Skilled Worker requirements will be met.

 

How long does a Defined CoS application take?

UKVI states that straightforward Defined CoS applications are usually approved within one working day. This is not guaranteed, and applications can take longer where UKVI carries out additional checks or requests further information.

 

Is there a priority service for Defined CoS applications?

The sponsor priority service should not be treated as a mechanism for accelerating a Defined CoS request. Employers should distinguish Defined CoS applications from eligible sponsor management and Undefined CoS allocation requests that may fall within the separate priority service.

 

Can an employer apply for more than one Defined CoS?

Yes. Employers can request multiple Defined CoS where there is a genuine recruitment requirement. More than one can be included in the same application where the relevant role details are the same, including the start date, occupation code, job description and salary.

 

Can UKVI approve fewer Defined CoS than the employer requested?

Yes. UKVI can approve fewer certificates where it is not satisfied that the full number requested has been justified. Employers requesting multiple Defined CoS should be able to explain the genuine recruitment requirement.

 

What happens if UKVI asks for more information?

The sponsor should respond within the timeframe specified by UKVI and provide an accurate explanation and supporting evidence addressing the issues raised. Failure to provide requested information can result in the application being rejected.

 

What happens after a Defined CoS is approved?

If the application is successful, UKVI allocates the Defined CoS to the sponsor’s SMS account. The sponsor can then create and assign it to the relevant worker, provided the sponsorship requirements continue to be satisfied.

 

How long does an approved Defined CoS last?

An approved Defined CoS must be assigned within 90 days of being allocated to the sponsor’s SMS account. If it is not assigned within 90 days, it will be removed from the account.

Once the Defined CoS has been assigned, the worker generally has three months from the date of assignment to use the CoS for their immigration application.

 

Can an approved Defined CoS be changed?

Only certain changes can be accommodated. Home Office guidance permits specified changes relating to matters such as salary, weekly working hours and employment dates where the relevant conditions continue to be met.

More fundamental changes, including a different occupation code or job description, should not simply be made to the approved certificate. The sponsor may need to notify the Home Office so the Defined CoS can be cancelled and make a new request where sponsorship is still required.

 

Can a Defined CoS be used for a different worker?

Potentially, where the Defined CoS was requested for an eligible role before the individual worker was identified and the role remains as approved. The replacement worker must satisfy the applicable Skilled Worker requirements.

Additional caution is required where the original request depended on worker-specific characteristics, transitional provisions or a particular salary points option.

 

Can the Home Office reclaim an approved Defined CoS?

Yes. Where the Home Office subsequently determines that the original Defined CoS application was invalid, it can reclaim an allocated but unassigned Defined CoS from the sponsor’s SMS account. If sponsorship is still required, the employer may need to address the underlying issue and make a new application.

 

What happens if a Defined CoS application is rejected?

The employer should establish the reason for rejection before applying again. Depending on the circumstances, the issue may concern the occupation code, salary, genuine vacancy requirement, number of certificates requested, information supplied or another Skilled Worker requirement.

 

Can an employer reapply after a Defined CoS rejection?

Potentially, yes. A further application may be possible once the reason for the previous rejection has been identified and, where possible, corrected. Employers should not repeatedly submit substantially the same application without addressing the underlying problem.

 

What happens if an employer uses an Undefined CoS instead of a Defined CoS?

This can amount to a serious sponsor compliance breach. Home Office guidance indicates that where an Undefined CoS is assigned when a Defined CoS is required, the sponsor licence will normally, or is likely to, be revoked depending on the applicable provision and circumstances.

 

Is there a separate fee for applying for a Defined CoS?

There is no separate application fee simply for requesting a Defined CoS beyond the applicable Certificate of Sponsorship fee under the sponsorship process. Employers should check the current Home Office fee provisions before assigning sponsorship, as fees can change.

 

Does Defined CoS approval guarantee the Skilled Worker visa?

No. Approval and allocation of the Defined CoS does not amount to approval of the worker’s immigration application. The sponsor must first assign the certificate correctly and the worker must then make a valid Skilled Worker application and satisfy the relevant immigration requirements.

 

 

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Section V: Defined Certificate of Sponsorship Glossary

 

Term Meaning
Certificate of Sponsorship (CoS) An electronic sponsorship record created through the Sponsor Management System. Once assigned, it provides a unique reference number used by the sponsored worker when making the relevant immigration application.

 

Defined Certificate of Sponsorship (Defined CoS or DCoS) The type of Certificate of Sponsorship used for a Skilled Worker applying for entry clearance from outside the UK.

 

Undefined Certificate of Sponsorship (Undefined CoS) The type of CoS generally used for eligible Skilled Worker applications made from within the UK and for workers on other sponsored Worker and Temporary Worker routes, subject to the requirements of the relevant route.

 

Sponsor Management System (SMS) The Home Office online system used by licensed sponsors to manage their sponsor licence and carry out sponsorship functions, including requesting and assigning Certificates of Sponsorship.

 

Level 1 User An authorised SMS user with access to the principal day-to-day sponsor management functions. Defined CoS applications are made through the SMS by a Level 1 User.

 

Skilled Worker A sponsored immigration route allowing eligible workers to work in qualifying roles for approved UK employers, subject to the requirements of the Immigration Rules.

 

Occupation code The occupational classification used to identify the type of job being sponsored and determine relevant Skilled Worker requirements. The code selected should accurately reflect the worker’s actual role and duties.

 

Salary points option The applicable Skilled Worker salary basis under which the worker is expected to satisfy the salary requirements. The correct option depends on the circumstances of the role and, for some options, characteristics of the individual worker.

 

Genuine vacancy A genuine employment role that meets the sponsorship requirements and has not been created principally to facilitate a worker’s immigration to the UK or otherwise structured to circumvent the sponsorship rules.

 

Assignment The process by which the sponsor assigns an available Certificate of Sponsorship to an individual worker through the SMS. Assignment generates the CoS reference the worker uses for their immigration application.

 

Allocation In the Defined CoS context, the stage at which UKVI approves the request and makes the Defined CoS available in the sponsor’s SMS account so that it can subsequently be created and assigned to the worker.

 

Sponsor note A function within the sponsorship process that can be used in permitted circumstances to record or explain certain changes or corrections. It should not be used to convert an approved Defined CoS into sponsorship for a materially different role where the rules require a new request.

 

 

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Section W: Useful Links

 

 

Resource URL
Certificate of Sponsorship https://www.davidsonmorris.com/certificate-of-sponsorship/
Undefined Certificate of Sponsorship https://www.davidsonmorris.com/undefined-certificate-of-sponsorship/
Sponsor Management System https://www.davidsonmorris.com/sponsor-management-system/
Level 1 User https://www.davidsonmorris.com/sponsor-licence-level-1-user/
Skilled Worker Visa https://www.davidsonmorris.com/skilled-worker-visa/
Skilled Worker Salary Requirements https://www.davidsonmorris.com/skilled-worker-visa-salary/
Skilled Worker Occupation Codes https://www.davidsonmorris.com/skilled-worker-occupation-codes/
Certificate of Sponsorship Costs https://www.davidsonmorris.com/certificate-of-sponsorship-cost/
Sponsor Licence Compliance https://www.davidsonmorris.com/sponsor-licence-compliance/
Home Office Compliance Visits https://www.davidsonmorris.com/home-office-compliance-visit/

 

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AUTHOR PROFILE

About our expert

Picture of Anne Morris

Anne Morris

Founder and Managing Director Anne Morris is a fully qualified Immigration solicitor and workforce compliance specialist, advising corporates and SMEs on strategic and complex UK immigration and workforce compliance matters. She is recognised by Legal 500 and Chambers, providing Board-level advice on business migration, compliance risk and efficient immigration programme delivery. Anne is also a public speaker, immigration commentator and policy contributor, and regularly delivers training for employers and HR professionals.
Picture of Anne Morris

Anne Morris

Founder and Managing Director Anne Morris is a fully qualified Immigration solicitor and workforce compliance specialist, advising corporates and SMEs on strategic and complex UK immigration and workforce compliance matters. She is recognised by Legal 500 and Chambers, providing Board-level advice on business migration, compliance risk and efficient immigration programme delivery. Anne is also a public speaker, immigration commentator and policy contributor, and regularly delivers training for employers and HR professionals.

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Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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