UK Certificate of Sponsorship Guide 2024

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

A Certificate of Sponsorship (CoS) is a digital record that allows foreign nationals to work in the UK under a specific visa category.

Before an employer can sponsor a migrant worker, they must assign them a Certificate of Sponsorship to confirm that the conditions of the relevant visa have been met.

A CoS is an electronic record rather than a physical document that the worker uses to make their sponsored visa application to the Home Office.

You can read our extensive guide to Sponsor Licence Application here >>

There is a lot that the employer has to consider when dealing with Certificates of Sponsorship. Strict conditions and timings apply when assigning a CoS, and there are also different types; employers must ensure they are using the correct type of CoS in the correct way.

Any errors can result in a refused visa application for the worker and the Home Office taking enforcement action against the employer, such as sponsor licence downgrading, suspension or even revocation.

This article provides a comprehensive guide to the Certificate of Sponsorship, explaining what a CoS is and when they are needed. We also share best practices for employers on how to obtain, assign and use them to avoid compliance penalties.

 

Section A: What is a Certificate of Sponsorship?

 

The Certificate of Sponsorship (CoS) is a digital certification that foreign nationals need to be able to apply for certain UK work visas.

 

1. Which Visas Need a Certificate of Sponsorship?

 

A Certificate of Sponsorship is needed by individuals applying for UK leave to enter or remain under UK-sponsored work visa categories, including:

 

a. Skilled Worker visa

b. Global Business Mobility visas

c. Scale Up visa

d. Minister of Religion

e. International Sportsperson

f. Scale-up Worker

g. Creative Worker

h. Religious Worker

i. Government Authorised Exchange

j. International Agreement

k. Seasonal Worker

 

2. Role of the Certificate of Sponsorship

 

CoS are assigned by licensed employers and act as confirmation that the individual meets the necessary criteria to fill a particular role in the UK.

The CoS is a mandatory pre-requisite for visa applications in the Worker and Temporary Worker categories, for example, Skilled Worker, Senior or Specialist Worker and Scale Up Worker routes. Without this certificate, non-UK workers cannot apply for most work visas.

Despite its name, a Certificate of Sponsorship is not a physical document; it is in fact a digital record held on the UK Visas and Immigration (UKVI) system, which includes a unique reference number that the prospective employee must use when applying for their visa.

The CoS also contains information about the sponsored job role, including the job title, salary, and start date, as well as details about the employee, such as their personal information and passport details.

By assigning a CoS to an individual, the sponsor is confirming to the Home Office that the proposed employment conditions comply with the requirements of the relevant visa route.

However, a number of strict rules apply to sponsors when issuing the CoS. For example, the CoS must be used by the worker to make their visa application within 3 months of being issued. The worker cannot, however, apply for their visa more than 3 months before the start date of the job listed on the CoS.

Also, being assigned a CoS does not automatically guarantee the individual will be granted a visa; they must still meet the other visa eligibility requirements, and the details on the CoS must match the information provided in the visa application.

It is also important to note that Certificates of Sponsorship are not transferrable. Reassigning a CoS to another individual would be considered a breach of the employer’s sponsorship licence duties, exposing the organisation to Home Office enforcement action.

 

3. Common Scenarios Where a CoS is Required

 

A Certificate of Sponsorship is typically required in the following scenarios:

 

a. Hiring Skilled Workers from Overseas

Employers looking to fill a role in the UK with a non-UK national who is currently outside the country will need to issue a Defined CoS to hire under the Skilled Worker visa category.

You can read our extensive guide to the Skilled Worker Visa here >>

 

b. Switching Visa Categories within the UK

A worker already in the UK on a different type of visa (e.g., a student visa) who wishes to switch to a work visa (e.g., a Skilled Worker visa) will need an Undefined CoS from their prospective employer.

 

c. Temporary or Short-Term Employment

For roles that fall under the Temporary Worker visa category, such as charity workers, creative and sporting professionals, or religious workers, a Temporary Worker CoS is required. This applies to roles where the employment is for a defined, short period.

 

d. Intra-Company Transfers

Multinational companies transferring employees from an overseas office to a UK branch under the Senior or Specialist visa category (formerly the ICT visa) will need to issue a CoS. This allows employees to work in the UK temporarily under specific conditions.

 

e. Graduate Recruitment

Graduates who have completed their studies in the UK and wish to stay on to work may require a CoS if they are transitioning to a work visa like the Skilled Worker visa.

 

Section B: Types of Certificates of Sponsorship

 

Following changes to the Immigration Rules in December 2020, there are now two types of Certificate of Sponsorship for employers with a Worker Sponsor Licence: ‘Defined’ Certificates of Sponsorship (Defined CoS) and ‘Undefined’ Certificates of Sponsorship (Undefined CoS).

A different type of Certificate of Sponsorship is required when hiring under a Temporary Worker Sponsor Licence.

 

Table: Eligibility Criteria for Different CoS Types

CoS Type	Eligibility Criteria	Typical Use Case
Defined CoS	Job offer from a licensed sponsor; Salary meets the required threshold; Skill level requirement is met	Hiring skilled workers from outside the UK
Undefined CoS	Job offer from a licensed sponsor; Suitable for employees already in the UK; Includes switching visa categories	Extending visas, switching visas, hiring within the UK
Temporary Worker CoS	Job role fits within a specified temporary category (e.g., creative, religious, charity work); Meets visa requirements	Hiring for short-term roles under Temporary Worker routes

 

The type of CoS needed, therefore, depends on the nature of the employment and the visa category under which the employee will be applying.

 

1. Defined Certificate of Sponsorship (DCoS)

 

Defined Certificates of Sponsorship (formerly ‘restricted certificates’) are issued to Skilled Worker visa applicants applying for a visa from overseas.

For this type of certificate, employers apply through the Sponsorship Management System (SMS) when they have gained their sponsor licence. The Home Office will then assess the application based on the job role and salary to ensure it meets the necessary requirements.

If approved, the defined CoS will appear in the SMS account once approved, at which point the employer can assign it to the worker to make their Skilled Worker visa application.

You can read our extensive guide to the Defined Certificate of Sponsorship here >>

 

2. Undefined Certificate of Sponsorship

 

Undefined CoS (previously known as ‘unrestricted certificates’) are required to sponsor Skilled Worker visa applicants already in the UK and applicants for all other sponsored visa routes.

Employers with a sponsor licence can issue an Undefined CoS directly without the need for approval from the UKVI each time. This type of CoS is typically used for employees switching from one type of visa to a Skilled Worker visa or extending their stay under the same visa category.

When you apply for the sponsor licence, you will have to submit an estimate of how many undefined certificates you will need in the first year. If you use your full allocation within 12 months, you can apply via SMS for additional certificates.

You can read our extensive guide to the Undefined Certificate of Sponsorship here >>

 

3. Temporary Worker Certificate of Sponsorship

 

This type of CoS is used for individuals coming to the UK under the Temporary Worker visa. It covers various sub-categories, including creative and sporting workers, charity workers, religious workers, and others. The Temporary Worker CoS is designed for jobs that do not require a long-term stay in the UK.

 

Section C: Certificate of Sponsorship Eligibility Requirements

 

A Certificate of Sponsorship (CoS) is a key requirement for employers who wish to sponsor non-UK nationals and for employees seeking to work in the UK under specific visa categories.

However, certain conditions must be met both for the sponsor to assign a CoS and for the worker to be eligible for a CoS.

 

1. CoS Eligibility Criteria for Employers

 

To issue a Certificate of Sponsorship, an employer must meet certain eligibility criteria, which include:

 

a. Sponsor Licence Requirement

Employers must hold a valid sponsor licence issued by the UK Visas and Immigration (UKVI). This licence grants them the authority to issue CoSs to non-UK workers. Obtaining a sponsor licence involves a detailed application process where the employer must demonstrate that they are a legitimate business with genuine employment opportunities.

 

b. Compliance with UK Immigration Law

Employers must adhere to strict immigration laws and guidelines. This includes conducting proper Right to Work checks to ensure the employee is eligible to work in the UK, maintaining accurate records of sponsored workers, and reporting any significant changes (e.g., changes in job roles, salaries, or employment status) to UKVI.

 

c. Financial Stability

Employers must prove that they are financially capable of fulfilling their sponsorship obligations, including paying the worker’s salary and covering any other associated costs. This is assessed as part of the sponsor licence application.

 

d. No History of Immigration Breaches

Employers with a history of non-compliance or breaches of immigration rules may be disqualified from obtaining or retaining a sponsor licence. A clean compliance record is crucial for maintaining the ability to issue CoS.

 

2. Eligibility Criteria for Employees

 

When an employer assigns a CoS to a worker, they are effectively confirming to the Home Office that the individual meets the relevant visa requirements. If the Home Office establishes that the information on the CoS is false, misleading or does not reflect the actual nature of the sponsored role, the visa application will be refused.

As such, employees can only be given a Certificate of Sponsorship if they meet the specific criteria:

 

a. Job Role Eligibility

The job being offered must meet the UK government’s criteria for a role that requires a CoS. Typically, this means the role must be at a certain skill level (e.g., RQF level 3 or above for Skilled Workers) and meet the minimum salary threshold. The exact requirements vary depending on the visa category.

 

b. Non-UK Nationality

A CoS is generally required for individuals who are not UK nationals or do not have the right to work in the UK through other means, such as indefinite leave to remain, EU Settled Status, or as a family member of a UK national.

 

c. Ability to Meet Visa Requirements

Employees must meet all other requirements for the visa category they are applying under, such as language proficiency, financial requirements, and health checks. The CoS is just one part of the broader visa application process.

 

d. No Disqualifying Factors

Employees must not have any disqualifying factors that would prevent them from being granted a visa, such as a criminal record or previous immigration violations.

 

Section D: How to Apply for a Certificate of Sponsorship

 

When applying for Certificates of Sponsorship, employers must comply with several procedural rules and regulations to ensure they meet their legal obligations under UK immigration law.

 

1. Step-by-Step Guide for Employers

 

Obtaining a Certificate of Sponsorship (CoS) requires employers to follow a structured approach, as prescribed by the Home Office in its sponsorship guidance.

 

Table: Step-by-Step Process for Obtaining a CoS

Step	Action	Description	Timeframe
1	Apply for Sponsor Licence	Employer submits application to UKVI with supporting documents and fee	8-12 weeks (10 days with priority)
2	Determine CoS Type	Choose between Defined or Undefined CoS based on the employee’s situation	Immediate after license approval
3	Request/Assign CoS	Request a Defined CoS through UKVI or assign an Undefined CoS via the Sponsor Management System (SMS)	1-2 weeks for Defined; immediate for Undefined
4	Provide CoS to Employee	Share the CoS reference number with the employee for their visa application	Within 3 months of issuing CoS
5	Monitor and Report	Ongoing duty to monitor employee’s status and report any changes to UKVI through SMS	Ongoing

 

Step 1: Obtain a Sponsor Licence

To obtain a Certificate of Sponsorship in the UK, an employer must first secure a sponsor licence from the Home Office. This requires submitting an application, along with the relevant documentation, to demonstrate that the employer is a legitimate organisation and meets the necessary requirements.

Your organisation must have the right type of sponsor licence in place to hire a sponsored worker and assign the relevant Certificate of Sponsorship.

There are two types of sponsorship licence which largely depend on whether the workers you need to fill your vacancy are:

 

a. “Workers” with long-term job offers, which includes Skilled Workers, Senior or Specialist Worker visa Workers, Ministers of Religion, International Sportspersons

b. “Temporary Workers” such as Scale Up Workers, Graduate Trainees, Service Suppliers, UK Expansion Workers, Secondment Workers

 

You can apply for one or both licences.

To obtain a sponsorship licence, you must show you are a genuine organisation operating lawfully within the UK. You will also need to prove you can carry out visa sponsorship duties and have appropriate HR and recruitment practices and systems in place.

The licence application process can take several weeks, and once approved, the employer will be added to the official register of licensed sponsors.

 

Step 2: Use Sponsor Management System (SMS)

Once you have obtained a sponsorship licence, you will have permission to lawfully employ overseas skilled workers via your online Sponsor Management System (SMS).

The SMS is used to manage the sponsor licence. Through the SMS, employers can apply for a CoS allocation, which determines how many Certificates they can issue to workers. Depending on the type of worker and visa, employers may need a Defined or Undefined CoS. The employer submits a request for the required number of CoS allocations.

You can read our extensive guide to the Sponsor Management System here >>

 

Step 3: Determine the Type of CoS Required

Employers must determine whether they need a Defined CoS or an Undefined CoS based on the employee’s situation.

Defined CoS are for workers applying from outside the UK under the Skilled Worker visa category, while undefined CoS are for workers already in the UK who are switching visas or extending their stay.

 

Step 4: Determine the Number of CoS Required

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

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

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

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

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

 

Step 5: Request and Assign a Certificate of Sponsorship

Employers need to request a Defined CoS (DCoS) through the UKVI online portal. The application includes details about the job role and salary. The UKVI will review the request to ensure it meets immigration requirements.

On a practical note, once a DCoS application is submitted, it should not be withdrawn and resubmitted solely because a decision has not been made within the 24-hour service standard. If the request is not processed within this time, it indicates that the application is complex, and sponsors should await a decision or a request for further information. Withdrawing and resubmitting an application resets the process, requiring any previous work on the request to be restarted. This is a major factor contributing to delays in processing complex DCoS applications.

Employers can assign an Undefined CoS directly to the employee using the UKVI’s Sponsor Management System (SMS).

Once approved or assigned, the CoS will generate a unique reference number that the employee will use to apply for their visa.

 

Step 6: Complete the Sponsorship Process

After the CoS has been assigned, the employer must provide the employee with the CoS reference number. This number is crucial for the employee’s visa application.

Employers must keep detailed records of the CoS and monitor the employee’s ongoing eligibility to work in the UK.

 

Step 7: Monitor and Report Changes

Employers are required to report any significant changes to the employee’s job role, salary, or employment status to the UKVI. This is done through the Sponsor Management System (SMS).

Failure to comply with reporting requirements can result in penalties or the revocation of the sponsor licence.

 

2. How to Apply for Defined Certificates of Sponsorship

 

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

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

 

Step 1: Level 1 or level 2 user signs into the SMS.

Step 2: Select ‘Defined CoS’ from the Workers screen.

Step 3: Choose ‘Apply for a Defined CoS’.

Step 4: Select the CoS category and enter the number of CoS required.

Step 5: Enter all employment details on the page titled ‘Application for defined CoS – employment details’ that appears.

Step 6: On the confirmation screen, verify that the information is accurate.

Step 7: Tick the box to confirm you have read, understood, and consented to all of the indicated terms.

Step 8: Select ‘Submit’.

 

Approval for a defined CoS generally takes around one working day, although it can be longer if the Home Office requires further clarification of the information provided.

Your request will appear on the ‘Application for defined CoS – submitted’ screen.

 

3. Annual CoS Year

 

The Annual CoS allocation (CoS Year) runs 12 months from the date your sponsor licence was granted or 12 months from the last renewal application was granted.

When making the licence application, you will need to estimate and request the number of undefined CoS you expect to use for the coming 12 months. This number will need to be justified, and you may need to provide additional information to support your request.

If approved, the Home Office will allocate the CoS to your SMS, and these should be used within the 12-month period. It is possible to request additional CoS if you use all of the allocation.

 

4. Using the Sponsorship Management System

 

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

It is a secure online portal operated by the Home Office that is accessible by nominated individuals within the organisation.
Sponsor licence holders must adhere to a stringent set of duties and responsibilities, including reporting, recordkeeping, and monitoring, with the primary objective of preventing illegal working.

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

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

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

 

a. Authorising Officers – This is the most senior member of your organisation who is responsible for hiring foreign employees and fulfilling sponsor obligations. The Authorising User is also responsible for determining who should have access to the SMS, their degree of permission, and all SMS users’ actions.

b. Key contact – This is the primary point of contact between the sponsoring organisation and the Home Office.

c. Level 1 users – These are accountable for day-to-day sponsorship tasks.

d. Level 2 users – They are also responsible for day-to-day sponsorship activities, but they have fewer permissions and rights than Level 1 users.

 

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

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

 

Section E: How to Assign a CoS

 

Before a sponsored visa applicant can make their application, they must have been assigned a CoS by their sponsor.

 

1. Step-by-Step Guide to Assigning a CoS

 

The sponsor’s nominated Level 1 or Level 2 user should submit the relevant information about the role to the SMS, and a unique reference number (the CoS) will be issued.

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

 

Step 1: Select ‘Create and Assign’ from the Workers screen.

Step 2: Select the visa category for the CoS on the ‘Create and assign CoS’ interface.

Step 3: Enter employment details on the page titled ‘Application for defined CoS – employment details’ that appears. Then, ‘Save’.

Step 4: On the ‘Confirmation of saved CoS’ screen, verify that the information is accurate. Choose ‘Amend’ to make changes.

Step 5: Select ‘Assign’.

Step 6: You will see the ‘Confirm CoS details before assigning’ screen, where you can verify that all the information is correct.

Step 7: Tick the box to confirm that you have read, understood, and consented to all of the indicated terms. Select ‘Assign CoS’.

Step 8: You will be redirected to the Online payment screen to pay the CoS fee and, if applicable, the immigration skills charge.

Step 9: After completing payment, you will be redirected to the SMS and the ‘Single CoS assigned’ screen, where you will see that the CoS has been assigned and allocated a unique CoS number.

Step 10: Your request number will also be displayed on the ‘Application for defined CoS – submitted’ screen.

Applications for a defined certificate are generally approved within one working day but can take longer if UKVI needs to check further information contained within the application.

Defined certificates will appear in the SMS account once they have been approved, which you can then assign to your worker.

The worker then uses the Certificate of Sponsorship to apply for their visa within three months.

 

2. Certificates of Sponsorship for UK Expansion Workers

 

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

 

3. Timeframe and Processing Details

 

The timeframe for obtaining and assigning a Certificate of Sponsorship varies depending on several factors:

 

a. Sponsor Licence Application

The process of obtaining a sponsor licence can take between 8 to 12 weeks, although it may be faster if the employer opts for the priority service, which offers a decision within ten working days for an additional fee.

 

b. Defined CoS Request

Once a sponsor licence is in place, requesting a Defined CoS through the UKVI typically takes around 1 to 2 weeks, depending on the complexity of the case and current processing times at UKVI. The UKVI will review the job role and salary to ensure they meet the requirements.

 

c. Undefined CoS Assignment

Assigning an Undefined CoS is generally quicker since it does not require approval from the UKVI each time. Employers can typically assign an Undefined CoS immediately through the Sponsor Management System.

 

d. Visa Application Process

After receiving the CoS, the employee can apply for a visa. Visa processing times vary, but they usually take around 3 to 8 weeks, depending on the type of visa and the country from which the employee is applying.

 

4. Cancelling a Certificate of Sponsorship

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

 

Section F: Certificate of Sponsorship Costs

 

A number of costs and fees will apply when sponsoring a visa worker and assigning them a CoS.

 

1. Certificate of Sponsorship Fee

 

Sponsors have to pay a fee to assign a Certificate of Sponsorship to a worker. The fee amount will depend on factors such as the type of visa being applied for and how long the CoS is assigned for.

It costs £239 to assign a Worker CoS and £25 to assign a Temporary Worker CoS.

 

Table: Certificate of Sponsorship Cost

Type of licence	Cost per certificate
Worker (except workers on the International Sportsperson visa)	£239
Temporary Worker	£25
International Sportsperson – where the certificate of sponsorship is assigned for more than 12 months	£239
International Sportsperson – where the certificate of sponsorship is assigned for 12 months or less	£25

 

This fee applies to each Certificate of Sponsorship issued, regardless of whether it is a Defined or Undefined CoS. Employers must pay this fee when they assign the CoS to a prospective employee.

 

2. Sponsor Licence Application Fee

 

This fee is paid when an employer applies for a sponsor licence, which is necessary before they can issue any Certificates of Sponsorship. The fee varies depending on the size of the organisation, with smaller businesses and charities paying a reduced rate of £536 while medium and larger employers pay £1,476 to apply for a licence.

 

Table: Sponsorship Visa Costs

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

3. Immigration Skills Charge

 

The Immigration Skills Charge is a significant cost associated with sponsoring non-UK workers. It is intended to encourage employers to invest in training and hiring from the UK labour market. In most cases, the charge applies to each sponsored employee and must be paid at the time the CoS is issued.

Small or charitable sponsors pay £364 for the first 12 months, plus £182 for each additional 6 months, while medium or large sponsors pay £1,000 for the first 12 months, plus £500 for each additional 6 months.

 

4. Priority Processing Fee (Optional)

 

Employers who need a faster decision on their sponsor licence application can opt for priority processing, which reduces the processing time to around 10 working days. This is an additional £500 fee on top of the standard sponsor licence application fee.

 

5. Sponsor Management System Costs

 

Employers may incur additional costs for using the Sponsor Management System (SMS) to manage their sponsorship duties, such as updating records or reporting changes. These costs are generally included in the sponsor licence fee, but there could be additional charges for certain services.

 

Section G: Common CoS Mistakes and How to Avoid Them

 

For employers – particularly those new to the sponsorship system – the Certificate of Sponsorship rules and processes can be challenging and fraught with compliance risks. Even minor errors can lead to delays, added costs, enforcement action or visa refusals.

The following are common errors with tips from our experts on how to avoid these issues:

 

1. Incorrect or Incomplete Information on the CoS

 

One frequent error is submitting incorrect or incomplete information on the Certificate of Sponsorship. Employers sometimes make mistakes when entering details such as job titles, salaries, start dates, or employee personal details. These inaccuracies can cause discrepancies between the CoS and the visa application, which may result in delays, requests for further information, or visa rejection.

Double-check all details entered into the CoS to ensure they are accurate and complete. Make sure the information provided on the CoS matches what the employee includes in their visa application. Reviewing these details early can prevent unnecessary issues later.

 

2. Selecting Incorrect SOC Code

 

One common mistake when issuing a Certificate of Sponsorship (CoS) is using the incorrect Standard Occupational Classification (SOC) code. The SOC code is crucial as it classifies the job role according to skill level and defines eligibility for specific visa categories. Employers may mistakenly select a SOC code that does not accurately reflect the responsibilities or skill level of the role. This can lead to visa rejection, as the role may appear to not meet the required criteria for sponsorship, such as salary or skill threshold.

To avoid this issue, employers should carefully review the job description and consult the latest guidance on SOC codes from UK Visas and Immigration (UKVI). Ensuring the SOC code matches the actual duties and responsibilities of the role is essential. If unsure, seeking advice from immigration specialists or referring to the official UK government database of SOC codes can help prevent costly mistakes.

 

3. Failure to Meet Salary Thresholds

 

Another common mistake is failing to meet the required salary threshold for the role being sponsored. Some employers may underestimate how important it is for the salary to meet the minimum required for the visa category. Offering a salary below the threshold invalidates the CoS, leading to visa refusal and potential delays while addressing the issue.

Before applying for a CoS, verify that the salary meets or exceeds the visa category’s minimum threshold. Different visa types have varying salary requirements, so it is important to consult the latest UKVI guidance to avoid this error.

 

4. Applying for the Wrong Type of CoS

 

Many employers mistakenly apply for the wrong type of CoS, such as applying for an Undefined CoS when a Defined CoS is needed, or vice versa. This error can delay the visa process as the application may need to be corrected or resubmitted.

Identify the correct CoS type before applying. A Defined CoS is required for applicants outside the UK, while an Undefined CoS is used for those already in the country. If unsure, consult UKVI or an immigration advisor for clarity.

 

5. Delays in Assigning the CoS

 

Some employers delay assigning the CoS to their employee after it has been approved, unaware that the CoS is time-sensitive. Failing to assign and use the CoS within a specific period may result in its expiration, leading to the need for a new application and additional fees.

Assign the CoS to the employee as soon as it has been approved. Be mindful of the CoS validity period, and ensure that the employee uses it to apply for their visa within the allotted time to avoid unnecessary delays or costs.

 

6. Breaching Sponsor Licence Compliance Requirements

 

Another mistake employers often make is overlooking their ongoing responsibilities under the sponsor licence. This could include failing to report changes in an employee’s job role, salary, or circumstances or not keeping accurate records. Non-compliance can lead to penalties, including the suspension or revocation of the sponsor licence, preventing the employer from sponsoring any future employees.

Regularly review your sponsor licence responsibilities to ensure compliance. Report any significant changes in a timely manner through the SMS and maintain up-to-date records for all sponsored employees.

 

Section H: Summary

 

The Certificate of Sponsorship (CoS) acts as self-certification by the employer, confirming that the job they are recruiting for meets the sponsorship requirements set out in the visa conditions, such as the appropriate skill level and salary threshold.

Employers face several key risks when issuing a CoS. Incorrectly assigning a Standard Occupational Classification (SOC) code, providing inaccurate job information or failing to meet the salary or skill level requirements can result in visa refusal for the worker. Additionally, issuing the wrong type of CoS may lead to delays or application rejections.

Compliance is also an important consideration. Employers must maintain up-to-date records, report any changes in sponsored worker circumstances and adhere to their sponsor duties. Failure to do so can lead to penalties, suspension, or even the revocation of the sponsor licence, affecting the ability to hire overseas workers in the future.

 

Section I: Need Assistance?

 

At DavidsonMorris, we support UK employers with all aspects of their sponsor licence management and compliance duties, including guidance on Certificates of Sponsorship.

Our Certificate of Sponsorship services include:

 

a. Advice on issuing the right type of Certificate of Sponsorship

b. Guidance points-based visa requirements including minimum salary levels

c. Integrating the CoS requirement into existing recruitment and onboarding processes

d. Matching the role to the relevant SOC code

e. Advice if there is an error on the CoS

f. Issuing CoS for visa extensions

 

For help and advice about issuing a Certificate of Sponsorship, please contact us.

 

Section J: Certificate of Sponsorship FAQs

 

What is a Certificate of Sponsorship (CoS)?
A Certificate of Sponsorship (CoS) is a digital document issued by a UK employer that is required for non-UK nationals applying for certain types of work visas. It confirms that the job role and applicant meet the UK government’s requirements for work visas.

 

Who needs a Certificate of Sponsorship?
Any non-UK national who is applying for a work visa to take up employment in the UK generally needs a CoS, such as roles under the Skilled Worker visa.

 

How do I apply for a Certificate of Sponsorship?
You cannot apply for a CoS yourself as an employee. Your prospective UK employer, who must hold a valid sponsor licence, will apply for and assign the CoS to you if they wish to hire you and if the visa requirements have been met.

 

What information is included in a Certificate of Sponsorship?
A CoS includes important details such as the job title, salary, start date, and job location, as well as your personal details like name and passport number. It also contains a unique reference number that you will need for your visa application.

 

What is the difference between a Defined and Undefined Certificate of Sponsorship?
A Defined CoS is for Skilled Worker visa applicants applying from outside the UK. An Undefined CoS is for those applying from within the UK, such as people switching from one visa category to another or extending their stay.

 

How long is a Certificate of Sponsorship valid for?
A CoS is typically valid for three months from the date it is issued. During this time, the employee must use it to apply for their visa, or the CoS will expire.

 

Can a Certificate of Sponsorship be reused?
No, each CoS is unique and can only be used once. If your visa application is refused or if you need to reapply for any reason, your employer will need to issue a new CoS.

 

Do I need a Certificate of Sponsorship?
Sponsored workers from overseas in most cases need to be assigned a Certificate of Sponsorship from their sponsor and cannot work without one. Each certificate has a unique number allocated to it, which the worker can use to apply for a visa. The certificate is valid for three months. There are some immigration routes that do not require sponsorship, but other eligibility criteria will apply.

 

How much does a Certificate of Sponsorship cost?
The fee for issuing a CoS is £239 for a Worker CoS or £25 for each Temporary Worker CoS. Additional fees, such as the Immigration Skills Charge and sponsor licence fees, may also apply depending on the employer’s circumstances.

 

What happens if there is a mistake on the Certificate of Sponsorship?
If there is an error on the CoS, the employer must correct it before the visa application is submitted. Incorrect information can lead to visa refusal or delays in processing.

 

What is the Immigration Skills Charge?
The Immigration Skills Charge is an additional fee that employers must pay when sponsoring a non-UK worker. It is intended to fund skills training for UK workers. The amount varies depending on the size of the business and the duration of the employment.

 

Can I change jobs after receiving a Certificate of Sponsorship?
If you wish to change jobs or employers, you may need a new Certificate of Sponsorship and visa application. Your new employer must be a licensed sponsor and issue a new CoS for your new role.

 

Do I need a Certificate of Sponsorship for an internship or short-term role?
Yes, if you are coming to the UK for an internship or short-term work under a visa category like the Tier 5 Temporary Worker visa, you will need a CoS issued by your sponsoring employer.

 

Can an employer sponsor a family member?
Employers can sponsor a family member if the family member is qualified for the job and meets the visa requirements. However, the employer must follow the same process as they would for any other employee, including obtaining a sponsor licence and issuing a CoS.

 

What should I do if my Certificate of Sponsorship is refused?
If your CoS is refused, you should first understand the reason for the refusal. Depending on the situation, your employer may need to correct any errors and issue a new CoS, or you may need to address issues related to your visa application.

 

Is the Certificate of Sponsorship the same as a work permit?
No, a CoS is not a work permit. It is a reference number and a confirmation of the job offer that allows you to apply for a work visa. The work visa, once granted, gives you the legal right to work in the UK.

 

Section K: Glossary

 

Term	Definition
Certificate of Sponsorship (CoS)	A digital document issued by a UK employer that allows a non-UK worker to apply for a visa under certain work categories.
Sponsor Licence	A licence that UK employers must obtain from UK Visas and Immigration (UKVI) to sponsor foreign workers and issue Certificates of Sponsorship.
Sponsor Management System (SMS)	An online portal used by employers to manage their sponsor licence, including applying for CoS allocations and assigning them to workers.
Defined CoS	A Certificate of Sponsorship for workers applying for a visa from outside the UK, typically under the Skilled Worker visa category.
Undefined CoS	A Certificate of Sponsorship for workers already in the UK who are switching visas or extending their stay.
UK Visas and Immigration (UKVI)	The government department responsible for managing the UK’s immigration system, including issuing visas and sponsor licences.
Skilled Worker Visa	A visa category that allows foreign nationals to work in the UK in a skilled job, requiring sponsorship from a licensed employer.
Immigration Skills Charge (ISC)	A fee paid by employers when they sponsor a non-UK worker, intended to fund skills training for UK workers.
Standard Occupational Classification (SOC) Code	A code used to classify job roles by skill level and responsibilities, which must be correctly assigned in the CoS.
Confirmation of Acceptance for Studies (CAS)	A reference number issued by an educational institution, which allows an international student to apply for a visa to study in the UK.
Priority Processing	A service offered by UKVI allowing employers to expedite sponsor licence or visa applications for an additional fee.
Resident Labour Market Test (RLMT)	A former requirement to prove that a job was advertised to UK residents before offering it to a non-UK national. Now largely replaced under new rules.
Immigration Health Surcharge (IHS)	A fee paid by visa applicants that allows them access to the UK’s National Health Service (NHS) during their stay.
Endorsement Fee	A fee required for certain visa categories, such as the Scale-up route, payable to an endorsing body before the application process can proceed.

 

Section L: Additional Resources

 

UK Visas and Immigration (UKVI) – Sponsor a Skilled Worker
https://www.gov.uk/uk-visa-sponsorship-employers
This official UK government page offers detailed guidance for employers on how to sponsor skilled workers, including information on obtaining a sponsor licence and issuing a Certificate of Sponsorship.

 

UKVI – Skilled Worker Visa: Your Job
https://www.gov.uk/skilled-worker-visa/your-job
This page explains the eligibility criteria for job roles under the Skilled Worker visa, including salary thresholds and skill level requirements, and provides information for both employers and employees.

 

Chartered Institute of Personnel and Development (CIPD) – Right to Work Checks
https://www.cipd.co.uk/knowledge/fundamentals/emp-law/recruitment/immigration-checks-factsheet
A useful resource from CIPD offering advice for employers on immigration checks and compliance with right-to-work requirements in the UK.

 

UKVI – Immigration Skills Charge
https://www.gov.uk/immigration-skills-charge
This page provides comprehensive information on the Immigration Skills Charge, including who must pay, how much it costs, and when the charge applies to an employer’s sponsored workers.

 

British Chambers of Commerce – Immigration and Employment Law
https://www.britishchambers.org.uk/page/immigration-and-employment-law
A valuable resource for businesses on the latest UK immigration laws and employment regulations, offering advice to employers on sponsorship, visas, and compliance.

 

Home Office – Sponsor a Temporary Worker
https://www.gov.uk/temporary-worker-visa
Official UK government guidance for employers wishing to sponsor workers for temporary roles, including information on Tier 5 visas and the specific conditions for sponsoring temporary workers.