1. What is an Undefined Certificate of Sponsorship (CoS)?
An undefined Certificate of Sponsorship (CoS) is a digital document issued by a UK employer to sponsor a foreign worker already in the UK who is applying to switch to a work visa, extend their current work visa, or change employers within the UK. The undefined CoS is typically used for in-country applications, as opposed to the defined CoS, which is used for individuals applying from outside the UK.
2. When is an Undefined CoS Required?
An undefined CoS is needed for:
- In-Country Applicants: Workers already in the UK on a valid visa (e.g., a Skilled Worker Visa) who need to switch to another visa category, extend their current work visa, or change employers.
- Dependents of Visa Holders: Family members applying for permission to work under certain visa categories.
3. Differences Between Defined and Undefined CoS
- Defined CoS: Issued for workers applying from outside the UK and requires approval from the Home Office each time it’s requested.
- Undefined CoS: Issued for in-country applicants and typically available immediately if the sponsoring employer has a sufficient allocation on their Sponsor Management System (SMS) account.
These distinctions help streamline the process based on the applicant’s location and visa type.
4. How to Apply for an Undefined CoS
Employers with a Sponsor License can issue an undefined CoS through their Sponsor Management System (SMS). Here’s how:
- Confirm CoS Allocation: Employers must have sufficient undefined CoS allocations in their annual limit. If additional allocations are needed, they can request more through SMS, which may take up to 18 weeks to approve.
- Assign the CoS: Once the allocation is available, the employer assigns the CoS to the worker in the SMS, providing details of the role, salary, and sponsorship start date.
- Provide CoS Reference Number: The CoS generates a unique reference number, which the employee uses for their work visa application.
Unlike the defined CoS, which requires Home Office approval for each assignment, an undefined CoS is generally assigned directly if allocations are available.
5. Costs for an Undefined CoS
The fee for an undefined CoS is £199, which is paid by the sponsoring employer when assigning the CoS. Additional costs include:
- Immigration Skills Charge (ISC): Ranges from £364 to £1,000 per year of sponsorship, depending on company size.
- Sponsor License Fee (for new sponsors): £536 for small sponsors and £1,476 for large sponsors.
The CoS fee is non-refundable, even if the visa application is unsuccessful.
6. Steps for Employers Needing Additional Undefined CoS Allocations
If the employer’s current allocation is insufficient, they can request additional undefined CoS allocations via SMS:
- Log in to the Sponsor Management System and request more allocations under the appropriate visa category.
- Provide Justification for the additional CoS allocations, explaining the need for increased allocations.
- Wait for Home Office Approval: Approval can take up to 18 weeks, although priority processing may be available.
Planning ahead ensures sufficient CoS availability and avoids delays in the sponsorship process.
7. Frequently Asked Questions (FAQs)
Q1: How long does it take to assign an undefined CoS?
A: It’s typically available immediately if allocations are already assigned to the employer. If additional allocations are needed, it may take up to 18 weeks.
Q2: Can I switch to a different employer with an undefined CoS?
A: Yes, but the new employer must assign a fresh undefined CoS for the role, and you’ll need to apply for a new visa.
Q3: Can an undefined CoS be used for applications outside the UK?
A: No, an undefined CoS is only for applicants who are already in the UK.
Q4: Is the CoS fee refundable if the visa application is unsuccessful?
A: No, the £199 CoS fee is non-refundable.
Q5: Does an undefined CoS guarantee a work visa approval?
A: No, it’s part of the visa application, and approval depends on meeting all visa requirements.
Q6: How many undefined CoS can an employer request?
A: Employers can request additional allocations based on their workforce needs, but they must justify the request to the Home Office.