1. What is a Certificate of Sponsorship (COS. and do I need one for a work visa to the UK?

A Certificate of Sponsorship (COS) is a virtual document issued by a UK-based organization or employer that enables an individual to apply for certain types of work visas, such as the Skilled Worker visa or Intra-Company Transfer visa. It confirms that the individual has been offered a job and that the employer is willing to sponsor them for their stay in the UK.

In order to apply for a work visa to the UK, you will need a valid COS from your employer. This confirms that your employer is a licensed sponsor and has assigned you a COS for your specific role and salary. The COS also includes information such as your personal details, proposed start date, job title and Code of Practice for which they are sponsoring you.

2. How do I obtain a Certificate of Sponsorship?
Your potential employer must be a licensed sponsor by the UK Home Office in order to assign you a COS. They will usually have an allocated number of Tier 2 (General) and/or Intra-Company Transfer Certificates available each month.

If you have received a job offer from an eligible UK company, they can then assign you with a COS through their sponsorship management system (SMS). Once this has been done, they will provide you with the unique reference number that you need to include on your visa application form.

3. Can I apply for a work visa without a Certificate of Sponsorship?
No, it is not possible to apply for certain categories of work visas without having first been assigned with a valid Certificate of Sponsorship by an eligible UK-based organization or employer.

4. Are there any other documents I need for my work visa application besides the Certificate of Sponsorship?
Yes, there are other documents and evidence that you will need to provide when applying for your work visa, including but not limited to:

– A valid passport
– Proof of English language proficiency
– Evidence of financial support
– Tuberculosis test certificate (if applicable)
– Criminal record certificate
– Academic or professional qualifications

The specific documents required may vary depending on your individual circumstances and the type of work visa you are applying for. It is important to carefully review the requirements and guidelines provided by the UK Home Office before submitting your application.

5. Can my employer withdraw or cancel my Certificate of Sponsorship?
Yes, it is possible for your employer to withdraw or cancel your COS at any time before you have used it to apply for your work visa. This could be due to a change in job circumstances, such as a withdrawn job offer or you deciding not to take up the role.

In the event that your COS is cancelled, you will need to inform the UK Home Office and obtain a new one from your employer if you still wish to apply for a work visa.

2. How can I apply for a UK work visa through sponsorship?

In order to apply for a UK work visa through sponsorship, you will need to follow these steps:

1. Find a sponsored job in the UK: The first step is to find a job that is listed on the Home Office’s official list of occupations eligible for sponsorship. You can search for these jobs on the government website or on job search websites.

2. Get a Certificate of Sponsorship (CoS) from your employer: Once you have found a suitable job, your employer will need to obtain a CoS from the Home Office. This certificate confirms that they are sponsoring you for employment in the UK.

3. Check and meet the eligibility requirements: Before applying, make sure you meet all the eligibility requirements for the specific visa category you are applying for. These may include having a minimum salary, relevant work experience, and English language skills.

4. Apply online: You can apply online on the UK government website or through an external visa application service provider (depending on your country). You will need to fill out an application form and provide supporting documents such as your valid passport, proof of sponsorship, and proof of funds.

5. Pay the application fee: Work visa fees vary depending on the type of visa and country you are applying from. Make sure to check the latest fees before submitting your application.

6. Attend biometric appointment: After submitting your online application form, you will be required to attend a biometric appointment at a designated center to have your fingerprints and photograph taken.

7. Wait for a decision: Your application will be processed by the UK Visas and Immigration (UKVI). The time frame for processing varies depending on your country of residence and visa category.

8. Collect your Biometric Residence Permit (BRP): If your visa is approved, you will receive a decision letter along with an entry clearance sticker in your passport if applicable. Your BRP card will be issued separately once you arrive in the UK.

It is important to note that the application process and requirements may vary depending on your individual circumstances and the type of visa you are applying for. It is recommended to seek advice from a qualified immigration lawyer or the official UK government website before submitting your application.

3. Which type of visa can be obtained through the COS?

The COS (Change of Status) process can be used to obtain a change of nonimmigrant status to:

1. B-2 visitor visa – for tourists or other short-term visitors
2. F-1 student visa – for academic students
3. M-1 student visa – for vocational students
4. J-1 exchange visitor visa – for participants in approved exchange programs
5. H-1B specialty occupation visa – for temporary workers in specialized fields
6. L-1 intracompany transfer visa – for employees of international companies being transferred to a US branch
7. O-1 extraordinary ability visa – for individuals with extraordinary ability in sciences, arts, education, business, or athletics
8. TN NAFTA professional visa – for Mexican or Canadian citizens engaged in specific professions under the North American Free Trade Agreement (NAFTA)
9. E visas – treaty trader/investor visas (E-1 and E-2) and investor visas (E-3) for Australian citizens.
Note: The COS process cannot be used to obtain an immigrant visa/adjustment of status to permanent residence; this requires a separate application process.

4. What are the eligibility requirements for obtaining a COS?

The eligibility requirements for obtaining a COS (Change of Status) in the United States vary depending on the specific visa category and circumstances of the individual. Generally, in order to be eligible for a COS, an individual must:

1. Be physically present in the United States at the time of filing the application for a COS.

2. Have maintained a valid nonimmigrant status during their stay in the U.S.

3. Submit an application for the appropriate COS before their current status expires.

4. Meet all the requirements and qualifications for the new visa category they are seeking to change to.

5. Not be subject to any bars or limitations that would prevent them from being approved for a change of status (such as violating immigration laws or engaging in unauthorized employment).

6. Pay all necessary filing fees and provide any required supporting documents.

7. Demonstrate that they have sufficient funds to support themselves during their stay in the U.S.

8. Meet any additional requirements specific to their current visa category and/or desired visa category.

It is important to note that every case is unique and additional eligibility criteria may apply depending on individual circumstances. Applicants should consult with an experienced immigration attorney for guidance on their specific situation.

5. Can my employer sponsor me for a COS or do I need to find my own sponsor?

Employers can sponsor employees for a COS, but it depends on their specific circumstances and the type of visa they are applying for. Generally, an employer must be registered as a sponsor with UK Visas and Immigration and meet certain criteria in order to sponsor an employee. It is important to confirm with your employer whether they are able and willing to sponsor you before proceeding with your application.

6. Is there a limit on the number of COS that can be issued in the UK each year?

Yes, there is a limit on the number of Certificates of Sponsorship (COS) that can be issued in the UK each year. The government sets an annual cap on the number of COS available for Tier 2 (General) visas, which is currently set at 20,700 for the fiscal year 2021-2022. This cap does not apply to certain categories of workers, such as those earning over £159,600 per year or who are applying for an extension or transfer of their visa. However, if the demand for COS exceeds the annual cap, a points-based system will be used to allocate COS based on salary and occupation codes. There is no limit on the number of COS available under other types of visas, such as Tier 5 or Tier 4.

7. How long is a COS valid for and can it be extended if necessary?

A COS (Change of Status) is typically valid for the duration of the underlying immigration status. For example, if a foreign national changes their status from an H-1B visa to an F-1 student visa, their COS will be valid for the duration of the F-1 visa.

In some cases, a COS may only be valid for a specific period of time. This is common when changing from one nonimmigrant status to another, such as from a B-2 visitor visa to an H-1B visa. In this case, the COS will only be valid for the duration of the initial H-1B petition.

If necessary, a COS can be extended by filing an application with USCIS before the current status expires. The extension must be filed before the expiration date and must meet all eligibility requirements. It is important to note that a COS extension does not grant any additional time in the United States; it simply extends the period in which an individual may remain in their current nonimmigrant status.

It is also possible to request a change of status within 30 days after entering the U.S. on certain types of visas. For example, if someone enters on a B-2 visitor visa and then decides they want to study in the U.S., they may file for a COS within 30 days after entering on their B-2 visa.

However, if someone is applying for permanent residency based on employment or family ties, they are not eligible to request a change of status after entering on their nonimmigrant visa.

Overall,COS validity and extensions depend on individual circumstances and can vary depending on specific situations. It is always advised to consult with an experienced immigration attorney for guidance regarding specific cases and options available for extending or changing statuses.

8. Will having a COS guarantee me entry into the UK?

Having a Certificate of Sponsorship (COS) does not guarantee entry into the UK. The COS is only one requirement for obtaining a work visa and there are several other factors that can affect your eligibility, such as meeting the criteria for the specific visa category, passing the health and character requirements, and having sufficient funds to support yourself in the UK. Ultimately, it is up to the discretion of the UK Immigration Officer at the border to allow you entry into the country.

9. Can multiple employers sponsor an individual for separate COSs?

Yes, multiple employers can sponsor an individual for separate Certificates of Sponsorship (COSs) as long as each employer is registered as a licensed sponsor with the UKVI. However, the individual must have a valid visa that allows for multiple employments. They will also need to meet the requirements and eligibility criteria for each specific job being offered by each employer.

10. Do I need to have a job offer before applying for a COS?

Yes, you will need a job offer from a company that is willing to sponsor your visa before applying for a COS. The job offer should meet the requirements of the specific visa category you are applying for.

11. Does having a COS mean I am automatically granted permission to work in the UK?

No, having a COS (Certificate of Sponsorship) does not automatically grant permission to work in the UK. A COS is used by an employer to sponsor a skilled worker from outside the European Economic Area (EEA) to live and work in the UK. The individual must still apply for a visa and meet all other requirements set by the UK government for working in the UK.

12. Can my employer revoke or cancel my COS at any time?

Yes, your employer has the right to revoke or cancel your Certificate of Sponsorship (COS) at any time if they have a valid and justifiable reason. This can include instances such as employment termination or if your employer’s sponsorship license is revoked. However, your employer must inform the UK Visas and Immigration (UKVI) immediately if they revoke your COS.

13. Once I have been granted a work visa through sponsorship, am I allowed to change jobs within the UK?

Yes, you are allowed to change jobs within the UK if you have been granted a work visa through sponsorship. However, you will need to inform your current employer and sponsor of your intent to change jobs and obtain a new Certificate of Sponsorship from your new employer. You will also need to apply for a new work visa under the sponsorship of your new employer before starting your new job.

14. Are there any fees associated with obtaining a COS and how much does it cost?

There is a fee associated with obtaining a COS. The cost varies depending on several factors, including the type of visa you are applying for and where you are submitting your application. You can find the current fees on the website of your country’s immigration agency.

15. What documents do I need to submit with my application for a COS?

1. Form I-129: Petition for a Nonimmigrant Worker, filled out and signed by the employer (if you are applying for a COS from within the United States)
2. Supporting documents to establish your eligibility for the specific visa category you are seeking to change to
3. Evidence of your current nonimmigrant status (such as an I-797 Approval Notice)
4. Proof of financial support, such as bank statements or pay stubs
5. A copy of your valid passport
6. Visa application fee payment receipt
7. An identity photograph taken according to US visa photo requirements
8. Form I-539: Application to Extend/Change Nonimmigrant Status, filled out and signed by the applicant if applying for a COS from within the United States
9. Any additional supporting documentation required for your specific category, such as employment offer letters, educational transcripts or certificates, etc.
10. Nonimmigrant Visa Application (Form DS-160) confirmation page if you are applying for a COS from outside the United States
11. Copy of Letter of Admission if you are changing to F or M student status
12. If you are currently in J nonimmigrant status, proof of SEVIS registration and/or sponsorship form, DS-2019.
13. If applicable, copy of Form I-94 Arrival/Departure Record.
14. Any other documents recommended by USCIS.

It is important to note that depending on your specific circumstances and visa category, additional documents may be required. It is advisable to consult with an immigration lawyer or carefully review the USCIS guidelines before submitting your application package to ensure all necessary documents are included.

16. Is there an age limit for obtaining a COS and working in the UK through sponsorship?

There is no specific age limit for obtaining a Certificate of Sponsorship (COS) or working in the UK through sponsorship. However, applicants must meet the relevant visa requirements and have a valid job offer from a UK employer who is willing to sponsor them. Some visa categories, such as the Youth Mobility Scheme and Tier 5 (Temporary Worker) visa, have age restrictions that may apply.

17. Can self-employed individuals obtain a work visa through sponsorship with their own company as the sponsor?

It depends on the country. In some countries, self-employed individuals can obtain a work visa through sponsorship with their own company as the sponsor, while in others it may not be possible. It is best to consult with an immigration lawyer or the specific country’s embassy for more information on work visa requirements and eligibility.

18.Can EU citizens continue to use their EU passport to enter and work in the UK after Brexit?

As of January 1, 2021, EU citizens will no longer be able to use their EU passport to enter and work in the UK as free movement between the UK and EU will end. However, individuals who were already living in the UK before this date may be eligible to apply for settlement status, which would allow them to continue living and working in the UK. Additionally, a new points-based immigration system will go into effect, allowing EU citizens (and citizens of other non-visa national countries) to enter and work in the UK if they meet certain criteria such as having a job offer from an approved sponsor or meeting certain skills requirements. More information on this system can be found on the UK government’s website.

19.What happens if my employer goes out of business while I am working on a sponsored visa in the UK?

If your employer goes out of business while you are working on a sponsored visa in the UK, you should immediately inform the Home Office and seek alternative employment with another licensed sponsor. You will need to apply for a new visa if you change employers or if your current job is no longer available.

If you are unable to find alternative employment, you may need to leave the UK. However, there are certain circumstances where you may be able to switch into a different immigration category or apply for permission to stay in the UK on other grounds.

You should also ensure that you have enough money to support yourself while looking for new employment or making arrangements to leave the UK. If your employer has not paid your salary or any other entitlements, you can report this to the Insolvency Service who may assist in recovering these unpaid amounts.

20.Are there any special requirements for individuals seeking sponsorship for highly skilled or specialized jobs?

Yes, some special requirements for individuals seeking sponsorship for highly skilled or specialized jobs may include:
– Meeting minimum qualifications and educational requirements for the job
– Possessing relevant work experience or expertise in the field
– Demonstrating a specific skill set that is not readily available within the local workforce
– Obtaining necessary professional certifications or licenses
– Passing background checks and security screenings
– Satisfying specific language proficiency requirements
– Providing proof of financial stability for personal and family support in the new country