What is the difference between Defined and Undefined Certificates of Sponsorship?
Defined/Undefined CoS – What is the difference?
Under the current system, there are two types of Certificates of Sponsorship available: Undefined and Defined. The correct kind must be chosen since if the wrong kind is given to an employee, the sponsor risks having their licence suspended or revoked as a result.
An Undefined CoS are for individuals switching to the Skilled Worker category from within the UK, or applying under one of the other visa routes from within the UK or overseas.
An organisation submits a request for undefined certificates along with their sponsor licence application. There is no restriction on the number of undefined CoS that may be allocated, providing the employees are eligible under the visa route and the sponsor pays the money to assign the CoS, however the application will need to include supporting documentation for the required quantity of CoS.
A Defined CoS should be used where the applicant is applying for a Skilled Worker visa and they are making their application from outside of the UK.
Sponsors must submit an application for a specified CoS for applications for Skilled Worker visas that are submitted from outside the UK (not ICT applications). There must be detailed information about the employment and remuneration because this is an application to the Home Office.
The CoS will need to explain how these points are claimed, such as if the position is a shortage profession or the employee has a PhD in a relevant subject area, if the person is asking to exchange points because their income is less than the normal requirement of £25,600 and the going rate. Unless further information is needed about the position, the hiring procedure, or the job seeker, applications are normally handled within a working day.
Sponsors send their requests for a renewal of the yearly allotment through SMS. The Home Office sponsor guideline “Manual 8 of 12: Creating and assigning CoS” also provides instructions on how to establish, assign, or remove CoS in batches or individually.
How can NA Law Solicitors help?
Want more advice? The specialist immigration lawyers at NA Law Solicitors are available to provide advice on all facets of managing sponsor licences, including the distribution of Certificates of Sponsorship. Please do not hesitate to contact us if you have any questions concerning a CoS request or changes to the sponsoring regulations under the new immigration system.