What is a Certificate of Sponsorship (CoS)?
An individual applying for a Tier 2 General visa to gain the right to work in the UK needs a Certificate of Sponsorship (CoS) from an employer with a valid sponsorship license. Only once a CoS has been issued can the potential employee apply for their Tier 2 visa. The certificate of sponsorship is the employer’s undertaking that the role is genuine and meets the necessary salary and skill level requirements. The Level 1 User will assign a CoS to an individual provided all the requirements have been met for entry clearance or leave to remain/switching applications. Level 2 User can only assign an unrestricted CoS.
Types of Tier 2 CoS
There are two types of Certificates of Sponsorship: restricted and unrestricted. UKVI only issues restricted CoS’s on a monthly cycle, and all restricted CoS are subject to review by UKVI before they are agreed. There is a maximum number of restricted CoSs that UKVI can issue nationally each month.
This does not apply to unrestricted CoS applications as the employer usually has a fixed allocation of unrestricted CoSs.
Restricted Certificates of Sponsorship
These are for:
- New employees earning under £159,600 per year coming to start work in the UK from overseas
- Individuals who are dependants of Tier 4 students, where that dependant is already in the UK and wishes to switch into Tier 2 (General).
Unrestricted Certificates of Sponsorship
There are for:
- Highly-paid new hires: where the annual salary for the job is £159,600 or more
- Switching immigration category: Where an individual who is already in the UK under another immigration category is eligible to switch into Tier 2 (General). Please see the list of visas eligible to switch to Tier 2.
- Extensions: Where you need to extend leave for an individual who is already in the UK working for you and has or was last granted leave under Tier 2 (General) or as a Work Permit holder. See the guidance below on how to apply for a CoS extension.
- Changes of employment (1): A current employee who was last granted leave under Tier 2 (General) and who wants to change to a new job which falls in a different SOC code
- Changes in employment (2): An individual who was last granted leave under Tier 2 (General) while sponsored by a different UK employer, who wants to start a new job at a new employee
Every licensed employer should have their allocation of unrestricted CoS limited on their SMS account. A licensed employer can request more allocations through their account. There is no restriction on the number of CoS that can be granted to employers for use with individuals. However, employers need to be able to account for why they are requesting that number of certificates if asked by UK Visas and Immigration.
Successful applications
If an application has been successful, the CoS will become available to assign from within the restricted section of the employer’s SMS account. The format of the restricted CoS will not look any different from the unrestricted CoS but employers need to ensure that they use this new CoS for its intended purpose only.
Employers will only be required to pay for the CoS at the point it is assigned to the individual.
If you subsequently find out that you do not or cannot use this CoS, either because the migrant has withdrawn their application, or you have withdrawn the offer, then you must inform the Home Office so the CoS can be recycled. You will not be charged if the CoS has not been assigned to the individual, but you will be required to pay the fee if it has been assigned.
Unsuccessful applications
If your application is not successful and you wish for it to be reconsidered the following month, you will need to re-submit the application along with the relevant paperwork. The employer is not required to pay to have application for restricted Cos re-considered. Employers will have to determine how many times they continue to re-submit applications for consideration if they are repeatedly rejected. Be mindful that the current rules only allow a CoS to be granted within six months of the advert being placed for that particular job.
Certificate costs
You need to pay for each certificate of sponsorship. Certificates are free for citizens of Croatia, Macedonia and Turkey.
| Type of certificate | Cost per certificate |
| Tier 2 | £199 |
| Tier 5 | £21 |
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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