What Is the Meaning of CoS in UK Visas?
As a UK business that wants to hire overseas workers, or someone who needs a visa to work in the UK, you will undoubtedly encounter the initialism 'CoS'. It stands for a Certificate of Sponsorship, which is a fundamental element of certain visa applications. A CoS can be issued by any business that holds a sponsor licence, and is a prerequisite for any foreign worker applying under specific visa categories, including the Skilled Worker visa, the Global Business Mobility Senior or Specialist Worker visa, the Seasonal Worker visa (Temporary Work), and various other visa categories.
Employers and overseas workers need to understand the Certificate of Sponsorship and how it works before entering into any immigration process.
Employers that hold a sponsor licence and who wish to sponsor an individual can assign a CoS to a worker they have identified. The worker will then rely on the CoS for the purpose of their visa application.
Once the worker is employed in the UK, there will be restrictions on what they can do under their visa, and if they secure a new job, they will likely need a new Certificate of Sponsorship.
Here, the immigration experts at JMW Solicitors explain how the Certificate of Sponsorship works under the UK's Immigration Rules, the obligations of both the sponsor licence holder and the visa holder, and the visas for which you need a CoS before you apply.
Guidance for workers
As a foreign national, you will need a visa to live and work in the UK. Several of the most common types of work visa for overseas workers require Certificates of Sponsorship during the application process.
A CoS is an electronic record that can be saved as a PDF document, and it can be issued by any UK employer that holds a valid sponsor licence. Each CoS comes with a unique reference number that you will need to input on your application. It will only be valid for use for a certain period - three months - which means that you should plan the timing of your visa application with this in mind.
If you wish to apply under the Skilled Worker route, Global Business Mobility routes or under any other immigration route that requires sponsorship (Seasonal Worker, Creative Worker, Religious Worker, Charity Worker, International Agreement, Government Authorised Exchange, Minister of Religion etc), you will need a valid CoS, although this is not the only requirement.
To secure a CoS from an employer, you will need a job offer from an organisation that holds a sponsor licence. The CoS contains employment details like the job title, job description, salary and duration of employment. It will also contain personal information about the applicant, including your passport number and nationality.
Securing a CoS can be difficult, especially if you’re trying to secure sponsorship from overseas. If you are looking to expand an overseas business to the UK, another visa route may be more suitable to enable you to secure a sponsor licence for the business you’re looking to expand, as opposed to securing sponsorship from another company.
You should note that a CoS will not be the only eligibility requirement for any UK visa. You may also need to demonstrate your knowledge of the English language to a particular standard, prove that you can afford to support yourself financially in the UK, and pay certain fees (like the UKVI application fee and Immigration Health Surcharge, which enables you to access NHS services during your stay).
Defined CoS versus Undefined CoS
There are two types of CoS, and if you are applying for a Skilled Worker visa from outside the UK for the first time you will need a Defined Certificate of Sponsorship. Those who are already within the UK on a different visa route will need an 'Undefined CoS' to switch into the Skilled Worker route. There is no significant difference between the Defined and Undefined CoS from the perspective of the applicant - the business you intend to work for will be able to secure the correct CoS, and then assign this to you, on your behalf. For other visa routes, there is just one type of CoS, regardless of where an applicant is applying from.
It is important to understand that securing a CoS is not the only option to relocate to the UK. Some visas require endorsements from particular bodies, which are not the same as a Certificate of Sponsorship, and it is important to speak to a solicitor about your objectives before choosing a visa route. Applying for the wrong type of visa can affect your ability to work, delay your immigration or restrict your ability to stay in the UK long-term.
Guidance for employers
A business that wishes to employ overseas workers in the UK should consider whether it needs a sponsor licence. Once you are approved for a sponsor licence, your business can issue Certificates of Sponsorship to workers who qualify under the sponsorship route, provided you continue to uphold the conditions of the licence and meet your sponsorship duties.
You must also ensure that the CoS assigned complies with relevant eligibility criteria for the immigration route it has been assigned under. For example, some visa routes can only be used if the job the applicant intends to take on pays above a certain minimum threshold. If you are advertising a job to overseas workers, you should ensure that the pay on offer meets the minimum salary requirements. The role must also meet a certain skill threshold and be suitable for sponsorship, unless the role isin a particular industry for temporary workers to be eligible.
Employers must keep accurate records and report any significant changes in the sponsored worker’s employment status to the Home Office. Maintaining these records - including the employee's attendance at work and their contact details - is important, and Level 1 Users will be able to report necessary updates to the Home Office via the SMS. The Home Office's Key Contact will usually receive any requests for information and facilitate the delivery of any data. Sponsor Licence holders will also need an Authorising Officer who will oversee the SMS and appoint roles and responsibilities to Level 1 Users.
This ongoing management and administration must be taken seriously and upheld at all times. Failure to comply with sponsorship duties can result in the loss of a sponsor licence.
The UK immigration system can be complicated and strict adherence to the rules at all times is paramount. For that reason, it is often easiest to work with an expert immigration solicitor, whether for support in assigning a CoS or using a CoS for the purpose of a UK visa application. Solicitors can also assist organisations with applying for a sponsor licence and can provide advice on employers' legal obligations as sponsor licence holders, including ensuring that compliant right to work checks are followed. The team at JMW Solicitors can advise you on the Certificate of Sponsorship, CoS eligibility requirements for employees, sponsor licence requirements for businesses and any other legal concerns you may have. Thanks to our expertise, we can help to break down legal jargon into simple terms to help you understand what you need to do and how to comply with the law.
For advice about a Certificate of Sponsorship or any other immigration matter, contact JMW Solicitors today. Call us on 0345 872 6666 or use our online enquiry form to request a call back at your convenience.