Understanding the UK Certificate of Sponsorship (COS): A Comprehensive Guide for Asher and Tomar

In recent years, the UK has been an attractive destination for professionals and skilled workers worldwide. One of the essential requirements for non-UK citizens seeking employment in the UK is the Certificate of Sponsorship (COS). In this blog, we’ll explore what a COS is, its significance, how to apply, and other crucial aspects that Asher and Tomar should consider.

What is a Certificate of Sponsorship (COS)?

A Certificate of Sponsorship (COS) is a document issued by a UK employer to a non-UK citizen who is applying for a work visa. It is a crucial part of the UK’s immigration system, particularly under the points-based immigration framework established in 2021. The COS confirms that the employer has offered a specific job to the employee and that they meet the necessary requirements to work in the UK.

Types of COS

There are two main types of COS:

  1. Defined COS: This type is typically used for skilled workers applying for a visa from outside the UK. It is assigned to an individual for a specific job and must be used within three months of issuance.

  2. Undefined COS: This type is for workers already in the UK, such as those switching to a different visa type or extending their stay. It is not tied to a specific job offer and allows for greater flexibility.

Importance of COS

The COS is vital for several reasons:

  • Legal Employment: Without a COS, non-UK citizens cannot legally work in the UK. It serves as proof that the employee has a job offer from a licensed employer.
  • Visa Application: A COS is a mandatory requirement when applying for a work visa in the UK, such as the Skilled Worker Visa or the Intra-company Transfer Visa.
  • Points-Based System: Under the UK’s points-based immigration system, a COS contributes to the points required for visa approval, which includes factors like job offer, salary, and English language proficiency.

Who Can Apply for a COS?

The employer, not the employee, applies for a COS. Asher and Tomar need to ensure that their prospective employer is a licensed sponsor. Here are the eligibility criteria:

  • Employer’s Sponsorship License: The employer must hold a valid sponsorship license from the UK Home Office.
  • Job Offer: There must be a genuine job offer that meets the skill and salary thresholds established by the Home Office.
  • Sponsorship Duties: Employers must comply with specific obligations, including maintaining accurate records of the sponsored employee and ensuring they leave the UK when their visa expires.

How to Apply for a COS

  1. Employer’s Application: The employer must apply for a sponsorship license through the UK Home Office. This involves providing details about the company, the job offered, and the employee’s details.

  2. Issuance of COS: Once the employer’s sponsorship license is approved, they can issue a COS to the employee. The COS will include details like the employee’s job title, occupation code, and salary.

  3. Visa Application: After receiving the COS, Asher and Tomar can apply for the relevant work visa, submitting the COS number and supporting documents.

Key Considerations for Asher and Tomar

  • Salary Requirements: Ensure that the job offer meets the minimum salary threshold set by the Home Office. Typically, this is either £26,200 or 100% of the “going rate” for the occupation, whichever is higher.

  • Validity Period: A defined COS is valid for three months from the date of issuance. If the visa application is not submitted within this timeframe, a new COS must be requested.

  • Compliance: Employers must comply with their sponsorship duties to avoid penalties or revocation of their license. This includes reporting any changes in the employee’s circumstances.

Conclusion

The Certificate of Sponsorship (COS) is a crucial component of the UK’s immigration system for skilled workers. Asher and Tomar must ensure that they understand the application process, the responsibilities of their prospective employer, and the requirements for obtaining a work visa. By navigating this process correctly, they can successfully secure employment in the UK and embark on a rewarding career.

For further assistance, consider consulting with an immigration expert or legal professional who specializes in UK immigration law.

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