A Certificate of Sponsorship (CoS) is essential for skilled foreign nationals who wish to work in the UK. Employers seeking to hire overseas employees must obtain a Certificate of Sponsorship to allow candidates to apply for the relevant UK work visa. This guide, prepared by ASHER AND TOMAR SOLICITORS, provides a thorough overview of the Certificate of Sponsorship process, eligibility requirements, and how to apply.
What is a Certificate of Sponsorship?
A Certificate of Sponsorship (CoS) is an electronic document issued by a UK employer that authorizes a foreign worker to apply for a work visa. It acts as a unique reference number that provides details about the job, employer, and worker. The Certificate of Sponsorship is not a physical document but a digital record generated within the UK government’s online sponsorship management system.
Types of Certificate of Sponsorship (CoS)
There are two primary types of Certificate of Sponsorship:
- Defined Certificate of Sponsorship: This is for individuals who are outside the UK and require a Skilled Worker visa to come to the UK for work.
- Undefined Certificate of Sponsorship: This is for workers already in the UK who need a Skilled Worker visa or for other visa routes where sponsorship is required.
ASHER AND TOMAR SOLICITORS specializes in helping employers and workers determine the correct type of Certificate of Sponsorship based on their unique needs.
Why is a Certificate of Sponsorship Important?
The Certificate of Sponsorship is a fundamental part of the UK’s points-based immigration system. Without a CoS, an applicant cannot proceed with their UK work visa application. Here are some reasons why a CoS is important:
- Legal Requirement: The UK government mandates a CoS for all foreign workers.
- Verification of Eligibility: The CoS verifies that the job role meets the criteria for a skilled visa.
- Employer Accountability: The issuing employer takes responsibility for the sponsored worker while they are in the UK.
Eligibility for a Certificate of Sponsorship
To issue a Certificate of Sponsorship, an employer must hold a Sponsor Licence. ASHER AND TOMAR SOLICITORS assists companies in obtaining the sponsor licence needed to hire foreign nationals legally. To qualify, the employer must:
- Prove they have a legitimate business and provide documentation showing they can offer a genuine job role.
- Meet the salary requirements set by the UK government.
- Show they have no criminal record or history of immigration breaches.
For workers, eligibility depends on meeting skill level and salary thresholds. Most skilled jobs require at least an RQF Level 3 qualification (equivalent to A-Levels in the UK) and must offer a salary that meets or exceeds the threshold defined for the specific role.
The Certificate of Sponsorship Application Process
The process of obtaining a Certificate of Sponsorship involves several key steps:
1. Obtain a Sponsor Licence
Employers must first apply for a Sponsor Licence through the UK Visas and Immigration (UKVI) system. The application process includes providing details about the company, the job roles, and demonstrating compliance with sponsorship regulations.
2. Create a Sponsorship Management System (SMS) Account
Once the sponsor licence is approved, employers can set up an SMS account to manage and track the Certificate of Sponsorship applications.
3. Assign the Certificate of Sponsorship
Through the SMS, the employer assigns the CoS by entering job details, the worker’s role, and ensuring all information aligns with the visa category being applied for. This includes providing job codes, required salary, and job description.
4. Provide the Certificate of Sponsorship Reference Number to the Employee
After successfully assigning the CoS, the employer provides the unique reference number to the employee. This reference number is required to complete their UK work visa application.
ASHER AND TOMAR SOLICITORS offers professional support to both employers and employees in navigating this process, ensuring compliance with UK immigration rules and reducing the risk of delays.
Responsibilities of Employers Issuing a Certificate of Sponsorship
UK employers have legal responsibilities when issuing a Certificate of Sponsorship, including:
- Monitoring the Sponsored Worker: The employer must keep records of attendance, work progress, and any changes to the sponsored worker’s circumstances.
- Reporting to UKVI: Employers are required to report any breaches, such as unauthorized absence or failure to meet the terms of the sponsorship.
- Conducting Right-to-Work Checks: Employers must verify that the sponsored worker has the legal right to work in the UK, especially if there are changes to their visa status.
Failure to comply with these requirements can result in penalties, fines, and even the loss of the sponsor licence.
Key Points for Employees Using a Certificate of Sponsorship
Once an employee receives the Certificate of Sponsorship reference number, they can proceed with their UK visa application. They must meet the following requirements:
- Submit Visa Application Promptly: The CoS is valid for only three months, so the visa application should be submitted as soon as possible.
- Meet Points-Based Requirements: The applicant must have the necessary points in the UK’s immigration system, which assesses factors such as salary level, qualifications, and English proficiency.
- Demonstrate Financial Stability: Some visa categories require proof of funds to ensure the applicant can support themselves without public assistance.
How ASHER AND TOMAR SOLICITORS Can Help with Your Certificate of Sponsorship
Navigating the sponsorship process can be challenging for employers and employees alike. ASHER AND TOMAR SOLICITORS provides expert guidance in the following areas:
- Sponsor Licence Applications: Helping businesses successfully obtain a sponsor licence.
- Certificate of Sponsorship Assignments: Guiding employers through the SMS system to assign CoS to their workers.
- Compliance and Record-Keeping: Assisting employers with meeting their legal responsibilities and maintaining accurate records.
- Visa Application Support: Helping employees understand the requirements and ensuring all documentation is complete and accurate.
Frequently Asked Questions about the Certificate of Sponsorship
What is the cost of a Certificate of Sponsorship?
The cost of assigning a Certificate of Sponsorship varies depending on the visa type and the employer’s size. Small businesses and charities may be eligible for lower fees. For precise cost details, consult ASHER AND TOMAR SOLICITORS.
How long does it take to get a Certificate of Sponsorship?
Typically, the process takes around 8-12 weeks from the date of application for a sponsor licence to issuing a Certificate of Sponsorship. Processing times may vary, so it is advised to plan well in advance.
Can a Certificate of Sponsorship be refused?
Yes, the UKVI may refuse a CoS if the employer does not meet eligibility criteria, or if there are inconsistencies in the application. Working with ASHER AND TOMAR SOLICITORS can significantly reduce the risk of refusal.
Can I change employers with a Certificate of Sponsorship?
Changing employers requires a new Certificate of Sponsorship from the new employer and may require applying for a new work visa. Our firm assists with managing this transition.
Conclusion
A Certificate of Sponsorship is essential for skilled workers seeking employment in the UK, and it requires both the employer and employee to comply with the UK’s immigration regulations. At ASHER AND TOMAR SOLICITORS, we provide tailored guidance to simplify this process, from sponsor licence applications to visa support. Whether you are an employer or an overseas skilled worker, our firm is committed to helping you achieve your goals in the UK.
