1. What is a United Kingdom Certificate of Sponsorship (CoS)?

A United Kingdom Certificate of Sponsorship (CoS) is a document issued by a UK employer who wishes to sponsor a non-EEA national for a skilled job role in the UK. The CoS is an electronic record, not a physical certificate, and it contains specific information about the job, the individual being sponsored, and the sponsoring employer. The CoS serves as proof that the employer has fulfilled certain requirements and allows the sponsored individual to apply for a visa to work in the UK. There are two types of CoS: a Restricted CoS for skilled workers who are outside the UK and need to apply for a Tier 2 (General) visa, and an Unrestricted CoS for those who are already in the UK on a Tier 2 visa and switching jobs or extending their stay.

2. Who can apply for a Certificate of Sponsorship in the UK?

In the UK, only employers who are licensed sponsors can apply for a Certificate of Sponsorship (CoS) to sponsor skilled workers from outside the European Union (EU) or European Economic Area (EEA) to work in the UK. The CoS is a document issued by a licensed sponsor to demonstrate that they are sponsoring an individual for a specific job role. Employers must have a valid sponsorship license before they can apply for a CoS. Once the employer has obtained the CoS, the sponsored individual can then use it as part of their application for a skilled worker visa to work in the UK.

1. Employers must be able to meet certain requirements set out by the UK Visas and Immigration (UKVI) in order to become a licensed sponsor. These requirements include demonstrating that they are a genuine organization operating lawfully in the UK, have suitable HR systems in place to comply with immigration rules, and are able to carry out the responsibilities of a sponsor.

2. The sponsored individual must also meet specific criteria set out by the UKVI, including having a valid job offer from a licensed sponsor in a skilled occupation, meeting the English language requirement, and being able to demonstrate their ability to support themselves financially while in the UK.

3. What is the process for obtaining a Certificate of Sponsorship?

The process for obtaining a Certificate of Sponsorship (CoS) in the United Kingdom involves several steps:

1. Eligibility assessment: Before applying for a CoS, the sponsoring organization must be a licensed sponsor by the UK Visas and Immigration (UKVI). The organization must ensure they meet the necessary criteria for sponsorship, including compliance with immigration laws and responsibilities.

2. Job offer and allocation of CoS: Once the organization is approved as a sponsor, they can issue a job offer to the prospective employee. The employer then requests the allocation of a CoS for the specific role through the Sponsorship Management System (SMS).

3. Certificate of Sponsorship application: The employer submits the necessary information, such as the employee’s details, job description, salary information, and other relevant documentation, to the UKVI through the SMS. The UKVI assesses the application and, if successful, assigns a CoS reference number to the employer.

4. Employee visa application: With the CoS reference number, the employee can apply for a work visa to enter or remain in the UK. The employee must meet the visa requirements, such as proving their qualifications, English language proficiency, and financial capability.

5. CoS usage and reporting: Once the employee receives the visa and starts working for the sponsoring organization, the employer must report their employment status and any changes to the UKVI through the SMS. The CoS is a vital document that tracks the sponsored employee’s immigration status and compliance with the visa conditions.

Overall, the process for obtaining a Certificate of Sponsorship in the UK involves collaboration between the employer, the sponsored employee, and the UKVI to ensure compliance with immigration regulations and facilitate legal employment in the country.

4. How long is a Certificate of Sponsorship valid for?

A Certificate of Sponsorship (CoS) is typically valid for a period of up to 3 years, depending on the length of the employment contract or the specific circumstances of the sponsored individual. The exact validity period is determined by the sponsoring organization and must be specified in the CoS issued to the sponsored individual. It’s important for both the sponsor and the sponsored individual to adhere to the conditions and timelines outlined in the CoS to ensure compliance with UK immigration regulations. Renewal or extension of the CoS may be possible in certain cases, subject to meeting the necessary requirements and providing updated information to the relevant authorities.

5. Can a Certificate of Sponsorship be transferred between employers?

No, a Certificate of Sponsorship cannot be transferred between employers. Each Certificate of Sponsorship is specific to the sponsoring employer who issued it, and it is tied to the job role and the migrant worker for whom it was assigned. If a migrant worker wishes to change employers, the new employer must apply for a new Certificate of Sponsorship on their behalf. The process for obtaining a new Certificate of Sponsorship will involve the new employer meeting the necessary sponsorship requirements, and the migrant worker fulfilling any relevant immigration criteria. It is important for both the employer and the migrant worker to adhere to the regulations set out by the UK Visas and Immigration to ensure compliance with the sponsorship scheme.

6. What are the roles and responsibilities of a sponsor in the UK?

As a sponsor in the UK, there are several critical roles and responsibilities that need to be adhered to. Firstly, sponsors are required to ensure that they hold a valid and up-to-date Certificate of Sponsorship (CoS) for each migrant worker they employ. This document serves as proof of the job offer and must be assigned to the individual before they can apply for a visa to work in the UK. Secondly, sponsors are responsible for conducting right to work checks on all employees to ensure they have the legal right to work in the country. Additionally, sponsors must maintain accurate records of their sponsored employees, including contact details, job duties, and immigration status. Sponsors are also expected to monitor and report any changes in the migrant worker’s employment status or circumstances to the Home Office promptly. Finally, sponsors are obligated to comply with all immigration rules and regulations, cooperate with any Home Office compliance visits, and maintain a high level of compliance with their sponsor duties to avoid penalties or revocation of their sponsor license.

7. Can a Certificate of Sponsorship be used for multiple visa applications?

Yes, a Certificate of Sponsorship (CoS) can be used for multiple visa applications under certain conditions:

1. Tier 2 General and Intra-Company Transfer visas: A CoS assigned in relation to these visa categories can be used for multiple visa applications, as long as it remains valid and has not been withdrawn or used in a successful visa application already.

2. Timeframe: A CoS usually has a validity period of 3 months from the date of issue. If the CoS expires before a visa application is submitted, a new CoS will be required.

3. Change of circumstances: If there are changes in the circumstances of the applicant or the job role, a new CoS may need to be assigned to reflect these changes for a subsequent visa application.

It’s worth noting that each visa application utilizing a CoS will be considered individually, and meeting the eligibility requirements for the specific visa category is essential for a successful outcome.

8. What is the difference between a Restricted and Unrestricted Certificate of Sponsorship?

A Restricted Certificate of Sponsorship (CoS) is used for recruiting workers from outside the European Economic Area (EEA) for roles that fall under the UK’s annual immigration cap. This type of CoS is subject to a monthly allocation process, with employers needing to apply to the Home Office for each CoS they require for sponsored workers. On the other hand, an Unrestricted CoS is for roles that are exempt from the annual immigration cap, such as intra-company transfers and some PhD level positions. Employers with a pool of Tier 2 (General) CoS can assign these without needing to go through the monthly allocation process. The main difference lies in the limitations placed on the number of Restricted CoS available each month, compared to the freedom to assign Unrestricted CoS without these limitations.

9. What are the requirements for a company to become a licensed sponsor in the UK?

To become a licensed sponsor in the UK, a company must meet several requirements such as:

1. Eligibility Criteria: The company must be a legitimate entity registered and operating in the UK.
2. Compliance: The company must demonstrate a track record of compliance with UK laws, including immigration, employment, and equality laws.
3. HR Systems: The company must have robust HR systems in place to manage sponsored migrants, such as maintaining records, reporting responsibilities, and monitoring compliance.
4. Genuine Vacancies: The company must be able to demonstrate that there are genuine job vacancies that meet the skill level and salary requirements for sponsorship.
5. Skills and Training: The company must show a commitment to investing in the skills and training of both sponsored and local workers.
6. Record-Keeping: The company must maintain accurate and up-to-date records related to sponsored workers, including their immigration status and duties.
7. Facilities: The company must provide appropriate working conditions and facilities for sponsored workers.
8. Payment of Fees: The company must be willing to pay the necessary fees for sponsorship and comply with the financial responsibilities associated with being a licensed sponsor.
9. Compliance with Sponsorship Duties: The company must agree to comply with all sponsorship duties, including reporting changes in the sponsored worker’s circumstances, cooperating with UK Visas and Immigration, and ensuring compliance with immigration rules and regulations.

10. How can an individual check the status of their Certificate of Sponsorship application?

There are several ways an individual can check the status of their Certificate of Sponsorship (CoS) application in the United Kingdom. Here are the most common steps to do so:

1. Contacting the Sponsor: The individual can reach out to the sponsor organization who applied for the CoS on their behalf. The sponsor would have access to the current status of the application and can provide updates.

2. Checking the SMS Confirmation: If the CoS application was submitted via the Sponsor Management System (SMS), the individual may receive a confirmation text with the CoS number. This can be used to track the progress of the application.

3. Using the Sponsorship Management System: Individuals can create an account on the Sponsorship Management System if they have not already done so. This online tool allows them to track the progress of their CoS application and manage other sponsorship-related tasks.

4. Contacting the Home Office: If all other options fail, the individual can contact the UK Visas and Immigration (UKVI) department of the Home Office for an update on their CoS application status. They may be asked to provide personal details and the CoS number for verification purposes.

By following these steps, individuals can stay informed about the status of their Certificate of Sponsorship application and take necessary actions accordingly.

11. Can a Certificate of Sponsorship be revoked by UK Visas and Immigration?

Yes, a Certificate of Sponsorship (CoS) can be revoked by UK Visas and Immigration under certain circumstances. The Sponsor Management System (SMS) allows UK Visas and Immigration to monitor sponsors and their compliance with the sponsorship duties. If a sponsor is found to be in breach of their responsibilities or fails to meet the required standards, UKVI may revoke the CoS. Reasons for revocation include but are not limited to:

1. Breaching the sponsor duties outlined in the sponsor guidance.
2. Providing false information or documents during the sponsor license application process.
3. Failing to maintain accurate records or report changes as required.
4. Engaging in activities that are not in line with the sponsor license conditions.

It is essential for sponsors to adhere to the rules and regulations set by UKVI to avoid the revocation of the CoS, as this could have serious consequences for both the sponsor and the sponsored individual.

12. Are there any restrictions on the type of jobs that can be sponsored under a Certificate of Sponsorship?

Yes, there are restrictions on the type of jobs that can be sponsored under a Certificate of Sponsorship in the United Kingdom. Firstly, the job must meet the minimum skill level requirement, which is usually set at RQF level 6 or above. This generally means the job should require a degree-level qualification or higher. Secondly, the vacancy must also meet the relevant salary threshold set by the UK government for the specific occupation. Additionally, the position must be genuine and not created solely for the purpose of facilitating immigration. Furthermore, the employer must demonstrate that they have conducted a genuine Resident Labour Market Test to show that there are no suitable settled workers available to fill the position. Lastly, certain occupations may be subject to additional sponsorship restrictions based on the shortage occupation list or other sector-specific criteria.

13. Is there a limit on the number of Certificates of Sponsorship that can be issued in the UK?

Yes, there is a limit on the number of Certificates of Sponsorship (CoS) that can be issued in the UK. The UK government allocates Tier 2 (General) and Tier 2 (Intra-Company Transfer) CoS on a monthly basis, subject to an annual limit known as the “Tier 2 cap. This cap was introduced to control immigration levels and ensure that only the most skilled workers are able to come to the UK through the Tier 2 visa route. The annual limit is set at 20,700 CoS split into monthly allocations, which are typically oversubscribed. Employers must apply for a CoS within the monthly limit to sponsor a skilled worker’s visa application. Once the monthly allocation is reached, no further CoS can be issued until the following month.

14. Can a Certificate of Sponsorship be used for a Tier 2 Intra-Company Transfer visa?

Yes, a Certificate of Sponsorship (CoS) can be used for a Tier 2 Intra-Company Transfer visa. This type of visa allows multinational companies to transfer their employees from an overseas branch to the UK branch. Here’s how the process works:

1. The UK company must hold a Tier 2 sponsorship licence and issue a CoS to the employee they wish to transfer.
2. The CoS will contain important information such as the employee’s personal details, job title, salary, and the start and end dates of their employment in the UK.
3. The employee can then use the CoS to apply for a Tier 2 Intra-Company Transfer visa, showing that they have been offered a skilled job in the UK branch of the company.
4. It’s important to note that there are different categories within the Tier 2 Intra-Company Transfer visa, each with specific requirements regarding the length of stay, minimum salary, and whether the employee can bring dependents.

In summary, a Certificate of Sponsorship is a crucial document for individuals wishing to apply for a Tier 2 Intra-Company Transfer visa as it demonstrates that they have a legitimate job offer from a UK company with a sponsorship licence.

15. What is the cost associated with obtaining a Certificate of Sponsorship in the UK?

The cost associated with obtaining a Certificate of Sponsorship (CoS) in the UK can vary depending on the specific circumstances of the application. Here are some key points to consider:

1. Tier 2 (General) and Tier 2 (Intra-Company Transfer) visas: For most sponsored workers applying under these categories, the cost of obtaining a CoS is £199 per certificate.

2. Tier 2 (Sportsperson) and Tier 2 (Minister of Religion) visas: The cost of a CoS for individuals applying under these specific categories is also £199 per certificate.

3. Charity Worker, Religious Worker, Government Authorised Exchange, and International Agreement Worker visas: The cost of a CoS for these visa categories is £21 per certificate.

4. In some cases, the sponsoring organization may be required to pay an Immigration Skills Charge (ISC) in addition to the CoS fee. The ISC is usually £364 per year for small or charitable sponsors and £1,000 per year for medium or large sponsors.

5. It’s important to note that these costs are subject to change, so it’s advisable to check the most up-to-date information on the UK Visas and Immigration website or consult with an immigration advisor for accurate and current pricing.

Overall, the total cost of obtaining a Certificate of Sponsorship can depend on the visa category, the size of the sponsoring organization, and any additional charges such as the Immigration Skills Charge.

16. Can a Certificate of Sponsorship be extended if the initial visa is expiring?

No, a Certificate of Sponsorship cannot be extended if the initial visa is expiring. When a visa holder’s permission to stay in the UK is coming to an end, they may need to apply to extend their stay or switch to a different visa category. In this process, a new Certificate of Sponsorship may be required, depending on the visa category being applied for. The existing Certificate of Sponsorship is specific to the duration and conditions of the current visa, so it cannot be simply extended to cover a longer period of stay. It is important for individuals to plan ahead and ensure they have the necessary documentation and sponsorship in place for any visa extensions or changes they may require.

17. What are the consequences for a sponsor if they fail to comply with their obligations related to a Certificate of Sponsorship?

If a sponsor fails to comply with their obligations related to a Certificate of Sponsorship in the United Kingdom, there can be serious consequences. These consequences can include:

1. Revocation of the sponsor license: UK Visas and Immigration (UKVI) can revoke the sponsor license of the organization if they fail to meet their sponsorship duties. This would prevent them from sponsoring any further migrants under the Points-Based System.

2. Fines and penalties: The sponsor may face fines and penalties for non-compliance, which can be substantial depending on the severity of the breach.

3. Legal action: In some cases, legal action may be taken against the sponsor for failing to fulfill their obligations under the sponsorship scheme.

4. Reputational damage: Failing to comply with sponsorship requirements can also lead to reputational damage for the organization, affecting their credibility and future sponsorship opportunities.

It is crucial for sponsors to understand and adhere to their obligations to avoid these potential consequences and maintain their ability to sponsor migrants under the UK’s Points-Based System.

18. Are there any specific criteria for the job role or salary when applying for a Certificate of Sponsorship?

Yes, when applying for a Certificate of Sponsorship (CoS) in the United Kingdom, there are specific criteria that need to be met regarding the job role and salary. Here are some key points to consider:

1. Job Role: The job role must meet the UK Home Office’s requirements for sponsorship. This typically means that the role must be skilled to a certain level, meet specific job codes listed in the Standard Occupational Classification (SOC) system, and be genuine in nature.

2. Salary: The salary offered for the sponsored role must meet the minimum income threshold set by the UK government. This minimum threshold can vary depending on the specific job code and level of skill required for the role.

3. Shortage Occupation List: If the job role is listed on the Shortage Occupation List, there may be some flexibility in terms of salary requirements. Roles on this list are considered to be in high demand in the UK.

4. Resident Labour Market Test: In some cases, the sponsoring employer may need to conduct a Resident Labour Market Test to demonstrate that there are no suitable settled workers available to fill the role before being able to assign a CoS.

Overall, it is essential to ensure that the job role meets the specific criteria set out by the UK Home Office and that the salary offered is at an appropriate level for sponsorship purposes.

19. How does the process for obtaining a Certificate of Sponsorship differ for Tier 2 (General) and Tier 2 (Intra-Company Transfer) visas?

The process for obtaining a Certificate of Sponsorship differs slightly between Tier 2 (General) and Tier 2 (Intra-Company Transfer) visas in the United Kingdom.

1. Eligibility Criteria: For Tier 2 (General) visas, individuals must have a job offer from a UK-based employer that holds a valid Tier 2 sponsor license. They also need to meet specific job and salary requirements. On the other hand, Tier 2 (Intra-Company Transfer) visas are for employees being transferred to a UK branch of their overseas employer. This route typically involves working for the same company in a different country and does not generally require a new job offer in the UK.

2. Duration and Type of Transfer: Tier 2 (General) visas are usually granted for a maximum initial period of up to 5 years, with the possibility to extend further. In contrast, Tier 2 (Intra-Company Transfer) visas can be granted for varying durations, depending on the specific intra-company transfer category employed.

3. Minimum Salary Thresholds: The minimum salary thresholds for Tier 2 (General) and Tier 2 (Intra-Company Transfer) visas differ. Tier 2 (General) visa applicants must meet the minimum salary requirements set by the UKVI for their specific job role, while Tier 2 (Intra-Company Transfer) applicants need to meet the requisite salary criteria for their particular intra-company transfer category.

4. Job Role and Company Sponsorship: Tier 2 (General) visa holders are sponsored by the UK employer directly offering them a job. In contrast, Tier 2 (Intra-Company Transfer) visa holders are sponsored by the overseas company transferring them to the UK branch.

5. Employer Requirements: Employers applying for a Certificate of Sponsorship for a Tier 2 (General) visa must demonstrate compliance with various sponsorship duties and obligations. Similarly, employers sponsoring individuals for Tier 2 (Intra-Company Transfer) visas must also meet specific sponsor requirements but with a focus on intra-company transfer scenarios.

Overall, while both Tier 2 (General) and Tier 2 (Intra-Company Transfer) visas require a Certificate of Sponsorship, the key distinctions lie in the type of visa, eligibility criteria, job role, duration of stay, and employer sponsorship arrangements involved in each category.

20. Can a Certificate of Sponsorship be used for a Tier 5 Temporary Worker visa in the UK?

Yes, a Certificate of Sponsorship can be used for a Tier 5 Temporary Worker visa in the UK. This certificate is a virtual document assigned by a licensed sponsor to a non-EEA national, confirming that the individual has been offered a job in the UK. The Tier 5 visa category is designed for individuals who wish to come to the UK for a short period to work as a temporary worker in various sectors such as creative and sporting, charity, religious, and government authorized exchange. In order to apply for a Tier 5 visa, the individual must have a valid Certificate of Sponsorship from a licensed sponsor in the UK, and meet other eligibility requirements such as English language proficiency, maintenance funds, and fulfilling the specific criteria for the subcategory under Tier 5 they are applying for.