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Certificate of Sponsorship

lexenlaw.co.uk > Certificate of Sponsorship

Certificate of Sponsorship (CoS)

A Certificate of Sponsorship (CoS) is an electronic document (not a physical certificate) issued by a UK-licensed sponsor to a migrant worker. It is a critical requirement for skilled workers and certain temporary workers applying for a visa under the UK points-based immigration system.

Each CoS contains a unique reference number that the worker will use when applying for their visa. Without it, a visa application cannot proceed. Employers must assign a CoS through the Sponsor Management System (SMS) and ensure all details are accurate.

Key Points:

A CoS is not a paper certificate but an electronic record.

Issued only by employers with a valid Sponsorship Licence.

Contains a unique reference number required for visa applications.

Must be assigned to a specific worker and role.

Incorrect or fraudulent CoS can lead to visa refusal and sponsor penalties.

Despite its name, the Certificate of Sponsorship isn’t a physical certificate at all it’s an electronic reference number. Many applicants mistakenly think they will receive a paper certificate, but in reality, the visa application is entirely digital and linked to the CoS number.

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    Types of Certificate of Sponsorship

    There are two main categories of CoS depending on the worker’s visa route:

    Undefined Certificate of Sponsorship (for workers inside the UK)

    For workers already inside the UK switching to or extending their visa.

    Employers receive an annual allocation, which they can use throughout the year.

    Defined Certificate of Sponsorship (for workers outside the UK)

    For workers applying from outside the UK under the Skilled Worker route.

    Also used for certain other sponsored categories (e.g. temporary workers).

    Key Points:

    Defined CoS → outside the UK applications.

    Undefined CoS → inside the UK applications.

    Employers must manage allocations carefully to avoid shortages.

    CoS cannot be transferred between employees or reused.

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    What Information Does a CoS Contain?

    The CoS must include key details about the job and the worker. These details are checked by the Home Office when the visa application is submitted.

    Information typically included:

    Job title and Standard Occupational Classification (SOC) code.

    Employer details (sponsor licence number, company name).

    Salary offered (must meet minimum threshold for visa route).

    Start date and end date of employment.

    Work location(s).

    Confirmation that the role is genuine and meets visa requirements.

    Key Points:

    Salary and SOC code must meet Home Office requirements.

    Incorrect job details could lead to refusal of the worker’s visa.

    Sponsors are legally responsible for ensuring information is accurate.

    How Employers Assign a CoS

    The process of assigning a CoS is completed online through the Sponsor Management System (SMS).

    Steps:

    Login to SMS with Level 1 User access.

    Request or use allocation (for defined CoS, approval from the Home Office is required first).

    Enter employee and job details accurately.

    Assign CoS and receive a unique reference number.

    Provide the CoS to the employee for their visa application.

    Key Points:

    CoS must be assigned before the employee applies for their visa.

    Home Office fees apply per CoS (depends on visa route).

    Sponsors should keep HR records to support CoS assignment.

    Costs of a Certificate of Sponsorship

    Employers must pay a fee for each CoS they assign. The amount depends on the visa route:

    • Skilled Worker CoS: £525 per certificate.
    • Temporary Worker CoS: £55 per certificate.
    • Immigration Skills Charge (ISC): Additional fee for Skilled Worker roles (varies by company size and visa duration).

    Key Points:

    CoS fee is separate from visa application fee.

    ISC can cost thousands of pounds depending on role and duration.

    Failure to pay the ISC means the visa cannot be granted.

    Compliance Responsibilities for CoS

    Employers must ensure that every CoS they issue is genuine, accurate, and compliant with Home Office rules.

    Responsibilities include:

    Only sponsoring eligible roles.

    Ensuring salaries meet the threshold.

    Enter employee and job details accurately.

    Keeping full HR and payroll records for sponsored staff.

    Reporting any changes (job role, salary, absences) through the SMS.

    Key Points:

    Misuse of CoS can result in licence suspension or revocation.

    Home Office may audit CoS records at any time.

    Inaccuracies could lead to visa refusal for the employee.

    Contact our team today to discuss your situation in confidence.

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