A Certificate of Sponsorship (CoS) is an electronic record generated in the sponsor management system (SMS) that contains key details of the role and the sponsored worker’s employment in the UK. A CoS has a unique reference number which the worker needs to apply for a Skilled Worker visa UK or another sponsored work route.
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There are two types of Certificates of Sponsorship – a defined certificate and an undefined certificate of sponsorship. It is important to know which one to attain as it could affect a visa application.
A defined certificate is issued to overseas individuals that are applying for a Skilled Worker visa. Employers must use the Sponsorship Management System (SMS) to apply for defined certificates. They are only able to do so once they attain their sponsor licence. Once the defined certificate has been approved it will appear in the SMS account and can be assigned to the foreign worker.
Undefined certificates are issued to individuals that are applying from within the UK for a Skilled Worker visa. An employer applying for a sponsor licence will need to estimate the number of undefined certificates it will need in its first year.
Prospective sponsors will need to complete an online application and pay the appropriate fee. They will then need to gather and submit the relevant supporting documents to the Home Office as outlined in Appendix A. Sponsors will also need to satisfy the genuineness test, which will involve providing reasons as to why they require a sponsorship licence and why they cannot fill the vacancy in question with settled workers in the UK.
After a Sponsorship licence has been approved, in order to fully sponsor a foreign worker, the sponsor will need to assign the COS to the foreign worker in question.
Please note that the COS is a very important document and needs to be completed in accordance with the requirements set out by the Home Office. This is to ensure that the vacancy is genuine, that the foreign worker has the prerequisite experience and is being employed at the appropriate level with a salary matching the amount stipulated in the relevant SOC code.
These factors must be taken into account when applying for the COS, as incorrect information will result in a failed application. Although reapplication is possible, it is advisable to make a successful application in the first attempt to avoid delay and unnecessary costs.
We are a niche immigration firm based in Brentford, West London. Our team of immigration solicitors specialise in the provision of advice on the Sponsorship Licence, Audit and Compliance and advice on employing migrant workers post- Brexit. We can advise on how to request and assign either a restricted or unrestricted Certificate of Sponsorship and ensure that once granted it is assigned correctly in accordance with the Skilled Worker visa policy guidance.
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A Certificate of Sponsorship is an electronic reference number generated in the Sponsor Management System which confirms that a licensed sponsor is offering a genuine role to a specific worker. The worker uses this reference when applying for a Skilled Worker visa or another sponsored route.
A defined CoS is normally used for Skilled Worker applications made from outside the UK, and must be requested from UKVI in advance for each individual role. An undefined CoS is allocated to sponsors annually and is mainly used for in‑country Skilled Worker applications and certain other work routes.
Most Defined CoS requests are decided within one working day, but UKVI may take longer if additional checks are needed. Once approved, the CoS appears in your SMS account and can then be assigned to the worker.
The formal Resident Labour Market Test has been removed for Skilled Worker applications, so employers no longer need to follow the old advertising rules. However, sponsors must still show that each role is a genuine vacancy and meets the relevant skill and salary
A Certificate of Sponsorship must normally be assigned to the worker within 3 months of being issued, otherwise it will expire and cannot be used. Once assigned, the worker must apply for their visa before the CoS expiry date specified in the SMS
No. A CoS is specific to one sponsor, one role and one named worker, and cannot be transferred to another person or employer. If circumstances change, a fresh CoS may be required.
Yes. Only organisations that hold a valid Worker or Temporary Worker sponsor licence can request and assign Certificates of Sponsorship. If you do not yet have a licence, NA Law Solicitors can assist you with the sponsor licence application and subsequent CoS.
Sponsors are prohibited from passing the cost of the sponsor licence or Certificate of Sponsorship fees on to the sponsored worker, including related administrative charges. This is an important compliance point and breaching it can lead to enforcement action.
NA Law Solicitors advises HR teams on planning CoS allocations, drafting CoS entries and managing requests for additional undefined CoS through the SMS. The firm also offers training and mock audits to reduce the risk of licence downgrades, suspensions or revocations.
