If you’re planning to employ a non-EU/EEA worker in the UK, securing a Certificate of Sponsorship (CoS) is a crucial step in the visa application process. This document confirms your role as a sponsor and is essential for the worker’s visa application. In this article, we’ll guide you through the process of applying for a Certificate of Sponsorship, ensuring compliance with UK immigration laws. For more detailed advice, visit Asher and Tomar.
What is a Certificate of Sponsorship?
A Certificate of Sponsorship is an electronic document issued by a UK employer to a non-EU/EEA worker. It serves as evidence that the employer has offered a job to the worker and is willing to sponsor their visa application. The CoS includes details about the job role, salary, and other relevant information.
Eligibility Criteria for Sponsoring a Worker
Before applying for a CoS, ensure that your organization meets the following criteria:
1. Hold a Sponsorship Licence
To issue a CoS, your company must hold a valid Sponsorship Licence. Apply for this licence through the UK Visas and Immigration (UKVI) website. Ensure your business meets all the eligibility requirements, including being a genuine organization operating lawfully in the UK.
2. Job Role and Salary Requirements
The job offered to the worker must meet specific criteria:
- Skill Level: The role must be at RQF Level 3 or above.
- Salary: The job must offer a minimum salary of £26,200 per year or the specific rate for the role, whichever is higher.
3. Compliance with Immigration Rules
Ensure that your business complies with all UK immigration regulations, including record-keeping and reporting duties. Regular audits by UKVI may occur to check compliance.
Steps to Apply for a Certificate of Sponsorship
1. Register with the Sponsorship Management System (SMS)
Log in to the SMS using your sponsor login details. If you’re a new user, you’ll need to set up your SMS account by following the instructions provided by UKVI.
2. Create a Certificate of Sponsorship
Once logged in, navigate to the “Create a Certificate of Sponsorship” section. You will need to provide the following details:
- Job Title and Description: Ensure that the role is described accurately and aligns with the job’s skill level and salary requirements.
- Salary Details: Enter the offered salary, ensuring it meets the minimum requirements.
- Worker’s Details: Include the worker’s full name, date of birth, nationality, and passport details.
3. Assign the CoS to the Worker
After creating the CoS, assign it to the worker. You will receive a unique reference number, which the worker must include in their visa application.
4. Provide the Worker with the CoS Reference Number
Communicate the CoS reference number to the worker. They will need it to complete their visa application. Ensure they apply for their visa within three months of receiving the CoS.
5. Keep Records and Monitor Compliance
Maintain accurate records of all CoS issued and monitor compliance with immigration rules. Update the SMS if there are any changes in the worker’s employment status or personal details.
Costs and Processing Times
The cost for a Certificate of Sponsorship is included in the application fee for the Sponsorship Licence. Processing times for a Sponsorship Licence can vary, so it’s advisable to apply well in advance of when you need the CoS.
Common Challenges and How to Overcome Them
1. Incorrect Information
Ensure all information provided in the CoS is accurate and up-to-date. Mistakes can lead to delays or rejection of the visa application.
2. Non-Compliance with Immigration Rules
Stay informed about changes in immigration rules and ensure your business remains compliant. Regular training and audits can help maintain adherence to regulations.
3. Documentation Requirements
Prepare all required documents and information in advance. Incomplete or incorrect documentation can delay the process.
Conclusion
Applying for a Certificate of Sponsorship is a critical step in hiring non-EU/EEA workers in the UK. By following the steps outlined in this guide, you can streamline the process and ensure compliance with immigration regulations. For expert assistance and further guidance on applying for a Certificate of Sponsorship, visit Asher and Tomar.