A Certificate of Sponsorship (CoS) is a crucial document for anyone looking to apply for a UK work visa. It’s essentially an electronic reference number that confirms your employer has sponsored you to work in the UK. Without a CoS, your work visa application cannot proceed, making it an essential part of the process.
In this guide, we will walk you through the steps on how to obtain a Certificate of Sponsorship for a UK work visa, the requirements for both employers and employees, and how Asher and Tomar Solicitors can assist in ensuring a smooth application process.
What is a Certificate of Sponsorship (CoS)?
A Certificate of Sponsorship (CoS) is a document issued by an approved UK employer (known as a sponsor) to a foreign national wishing to come to the UK to work. The CoS acts as proof that your employer has offered you a role and that the role meets the necessary criteria for the type of work visa you are applying for.
There are two main types of CoS:
- Defined CoS:
- Issued for certain categories of workers who are applying from outside the UK.
- Generally used for those applying for a Skilled Worker Visa and other specific work visa categories.
- Undefined CoS:
- Issued to workers already inside the UK, or those applying for a change of status or extension of a current visa.
- This type is commonly used for individuals applying for visa extensions or switching from a temporary visa to a Skilled Worker Visa.
Step 1: Ensure the Employer is a Licensed Sponsor
The first step in obtaining a CoS is to ensure that your employer is an approved sponsor with the UK Home Office. Not all employers are licensed to issue a Certificate of Sponsorship, so your employer must first be granted a sponsorship license by the UK government.
Employer Requirements:
To become a licensed sponsor, the employer must meet certain criteria, including:
- Having a registered business in the UK.
- Being able to demonstrate that the job they are offering meets the Skilled Worker Visa criteria (requiring a skill level of RQF Level 3 or above).
- Ensuring they have the capability to meet the obligations of a sponsor, such as keeping records of their sponsored employees.
If your employer is not yet a licensed sponsor, they will need to apply for a sponsorship license through the Home Office. This process typically takes several weeks, and the employer will need to provide detailed information about their business and their ability to meet sponsorship duties.
Step 2: Employer Issues the Certificate of Sponsorship
Once your employer is a licensed sponsor, they will need to assign you a Certificate of Sponsorship. The CoS will contain a unique reference number that you’ll use when applying for your work visa.
What Your Employer Will Do:
- Apply for a CoS: The employer will apply for a CoS through the UK Visas and Immigration (UKVI) system. They will need to provide details of the job, your role, and your qualifications.
- Ensure Compliance: The employer must verify that the job meets the appropriate skill level and salary requirements for the specific visa type.
- Assign the CoS: Once the CoS is approved, the employer will assign it to you. This certificate is valid for 3 months, meaning you must apply for your work visa within this time frame.
Employer’s Responsibilities:
The employer will also need to:
- Provide accurate information on the CoS application to ensure it meets UKVI requirements.
- Maintain records of their sponsored workers to prove they are complying with immigration laws.
- Notify UKVI if there are any changes to your employment status or if you leave the job early.
Step 3: Apply for the UK Work Visa
Once you have your CoS, you can proceed with your visa application. You will need to submit your visa application through the UK Visas and Immigration (UKVI) website. The CoS reference number will be required as part of the application.
Here’s what you’ll need to do:
- Complete the online application: After obtaining the CoS, you must fill out the online visa application form for the relevant work visa (e.g., Skilled Worker Visa).
- Provide Supporting Documents:
- Your passport or travel documents.
- Proof of your qualifications and English language proficiency.
- Evidence of sufficient funds (if required).
- Tuberculosis test results (if applicable).
- Police clearance or other documents depending on your country of residence.
- Pay the Visa Fees:
- The application fee depends on your job, salary, and the length of your visa.
- You may also need to pay the Immigration Health Surcharge (IHS) for access to healthcare in the UK.
- Attend Biometrics Appointment: You may need to attend a biometrics appointment to provide fingerprints and a photograph.
Step 4: Wait for Your Visa Decision
After submitting your application and biometrics, you’ll need to wait for a decision from UKVI. The processing time can vary depending on your country of origin and the type of visa. On average, processing times for work visas are around 8 weeks, but you may be able to apply for priority processing for faster results.
If your application is successful, you’ll receive a visa vignette (sticker) in your passport that allows you to travel to the UK. Once in the UK, your biometric residence permit (BRP) will be issued.
Step 5: Start Work in the UK
After receiving your visa, you can begin your work in the UK. Ensure that your employer is fully compliant with their duties as a sponsor, and keep the Home Office informed of any changes to your employment status or circumstances.
How Asher and Tomar Solicitors Can Help
Navigating the process of obtaining a Certificate of Sponsorship and applying for a UK work visa can be complex. The requirements for both employers and employees must be carefully followed, and missing even one step can result in delays or rejections.
Here’s how Asher and Tomar Solicitors can assist:
- Guidance for Employers: We help employers understand the sponsorship license application process, ensuring they meet all the necessary requirements and comply with the Home Office guidelines.
- CoS Application Assistance: We can guide employers through the CoS application process, ensuring all the correct information is provided, and that the job and salary requirements are met.
- Employee Visa Applications: We assist employees in the visa application process, helping them gather the required documents and complete their applications accurately. Our solicitors will ensure the entire application meets UKVI standards.
- Appeal Services: If your visa application is rejected or your CoS is denied, we can help you appeal the decision and reapply with the correct documentation.
- Expert Advice: Whether you’re an employer looking to sponsor a worker or an employee applying for a visa, Asher and Tomar Solicitors offer expert legal advice and representation to help you achieve your goal.
Conclusion
Obtaining a Certificate of Sponsorship is a vital step in applying for a UK work visa. Whether you are an employer sponsoring a foreign national or an employee applying for the visa, understanding the CoS process and requirements is essential to ensure a smooth application.
With the support of Asher and Tomar Solicitors, you can navigate the CoS and visa application processes with confidence, ensuring that all requirements are met and that you or your employees have the best chance of success.
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Learn how to obtain a Certificate of Sponsorship (CoS) for a UK work visa, including the application process, employer requirements, and how Asher and Tomar Solicitors can assist you every step of the way.
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You said:
How long does it take to get a CoS in the UK?
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How Long Does It Take to Get a Certificate of Sponsorship (CoS) in the UK?
The time it takes to obtain a Certificate of Sponsorship (CoS) in the UK depends on several factors, including whether the employer is already a licensed sponsor and the type of CoS being issued. Below is a breakdown of the timeline:
1. If the Employer Already Has a Sponsor Licence
If your employer is already a licensed sponsor, issuing a CoS is relatively quick:
- Defined CoS (for workers applying from outside the UK) – Usually processed within 1 working day after the employer applies through the Sponsor Management System (SMS).
- Undefined CoS (for workers applying from inside the UK) – The employer must apply for an allocation, which can take up to 18 weeks, unless they opt for priority processing (5 working days for £200).
2. If the Employer Needs to Apply for a Sponsor Licence
If the employer is not yet a licensed sponsor, they must first apply for a Sponsor Licence, which typically takes:
- 8 weeks for standard applications.
- 10 working days if they opt for priority processing (additional fee of £500).
Total Estimated Timeframe
- If the employer already has a sponsor licence, getting a CoS can take 1 day to a few weeks, depending on CoS type.
- If the employer needs a sponsor licence first, the entire process (licence + CoS) can take around 2 to 3 months, unless priority services are used.