3 March 2021

Which Certificate of Sponsorship (CoS) do I need?

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There are two types of Certificate of Sponsorship (CoS) that a skilled worker can be assigned. It is important for both the skilled worker and sponsor to check that the correct type has been assigned to ensure the necessary points are scored for making a successful application.

Type 1: Undefined Certificate of Sponsorship (CoS)

An undefined Certificate of Sponsorship (CoS) is suitable for in-country applicants who are already lawfully in the UK and are looking to switch visa categories. An employer can assign these immediately from its annual allocation or after one has been requested using the SMS system.

Any CoS that has not been assigned from the sponsor’s annual allocation will expire on 5th April every year.

Type 2: Defined Certificate of Sponsorship (CoS)

A defined CoS is suitable for applicants seeking to make an entry clearance application from abroad. There is no set limit on the number of defined CoS a sponsor may request.

Unlike an undefined CoS, a defined CoS cannot be assigned immediately from a sponsor’s CoS allocation. Instead, each undefined CoS must be specifically requested from the Home Office who will review each request on a case-by-case basis.

When reviewing the request, the Home Office is likely to consider whether the vacancy for which an undefined CoS is required is genuine and whether the sponsor has appropriate systems in place to be able to monitor the skilled worker and the sponsor’s own compliance. Importantly, the review conducted by the Home Office also allows the Home Office to monitor the job profiles and salary levels being used to allow overseas skilled workers to access the UK labour market.

The Home Office is generally able to provide a response to a request for an undefined CoS within 1 working day unless future checks are prompted. If further checks are prompted, the Home Office will likely ask for further information and/or documents surrounding the request.

Any sponsor applying for an undefined CoS must make sure basic but vital information as to why the request for an undefined CoS has been made is available and correctly recorded. A sponsor may do this by keeping a record of:

  • The job description for the vacant position;
  • How the candidate was identified;
  • Any draft contract of employment;
  • The hierarchy chart of the sponsor’s business setting out any vacancies; and
  • The details of how the vacant job satisfies the requirements of the Immigration Rules in terms of salary, number of hours to be worked, occupation code etc.

We have experts who can guide you on how to apply for and assign the correct type of Certificate of Sponsorship )CoS) to meet your business needs. We can also provide detailed advice on the eligibility requirements for the vacant position that you are looking to fill.

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.

About the Author

Mahnoor has extensive experience in dealing with various types of in-country and out-of-country immigration matters. This includes advising and assisting clients on a vast spectrum of immigration applications, ranging from Entry Clearance to British citizenship.

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