1. Introduction: Can You Amend a Certificate of Sponsorship Once Assigned?
A Certificate of Sponsorship (CoS) is an electronic document issued by an employer in the UK to support a visa application for a sponsored worker under the Skilled Worker or other work visa routes. Once assigned, the CoS provides key details about the employee’s job role, salary, and employment terms. While some changes can be made after the CoS is assigned, certain amendments require specific steps and, in some cases, approval from UK Visas and Immigration (UKVI). This guide explains when and how you can make changes to a CoS and when a new certificate might be required.
2. Understanding the Types of Certificates of Sponsorship
There are two main types of CoS:
- Defined CoS: For applicants applying from outside the UK.
- Undefined CoS: For applicants applying from within the UK.
Changes to a CoS often depend on the type issued and the stage of the visa application. In most cases, minor changes can be amended directly in the Sponsor Management System (SMS), but more substantial changes may require notifying or seeking approval from UKVI.
3. Common Situations Requiring Changes to a CoS
The most frequent reasons for amending a CoS include:
- Correcting Mistakes: Errors in job title, salary, or personal information.
- Updating Salary or Job Role: If there are minor changes to the job details.
- Extending Start Date: If the worker’s start date has changed due to delays.
- Switching to a New Role: If the employee is taking on a significantly different role within the company (may require a new CoS).
4. How to Make Changes to a Certificate of Sponsorship on the Sponsor Management System (SMS)
Employers can make some minor amendments directly in the SMS portal, where the CoS was initially assigned:
- Log into the SMS: Only an authorized user with access to the SMS can make changes.
- Select ‘View CoS’: Find the specific Certificate of Sponsorship that needs amending.
- Choose ‘Amend Details’: Make permitted changes, such as correcting typographical errors or updating start dates.
- Save and Submit Changes: Save the amendments. In most cases, UKVI will be automatically notified if approval is needed.
Changes permitted in SMS without requiring a new CoS are generally limited to minor errors, such as typographical errors or minor updates that do not affect the job’s eligibility.
5. When to Notify UKVI of Changes
Certain amendments require formal notification to UKVI rather than directly modifying the CoS in SMS. Notifications to UKVI should be made when:
- Significant Job Changes: If the worker’s job title, duties, or salary significantly change and impact the occupation code or visa conditions.
- Start Date Changes: If the start date is postponed beyond three months.
- New Employment Location: If the worker’s primary location changes, especially if it impacts salary or conditions.
To notify UKVI, use the SMS portal’s “Sponsor note” feature to add a note to the existing CoS, explaining the reason for the change and providing additional details.
6. When a New Certificate of Sponsorship is Required
In certain cases, a new CoS must be issued instead of making changes to the existing one. These scenarios include:
- Switching Job Roles: If the employee is taking on a different role with a new occupation code, a new CoS is required.
- Substantial Changes to Employment Terms: Major changes in salary, hours, or conditions may require re-issuing the CoS.
- Transfer to a New Sponsor: If the employee is changing employers, the new employer must issue a new CoS.
7. Steps for Adding a Sponsor Note on the SMS
If the change requires adding a Sponsor Note to the CoS:
- Log into SMS: Access the system using your sponsor login credentials.
- Find the CoS: Locate the CoS to which you need to add a note.
- Add Sponsor Note: Select “Add Sponsor Note” and enter a detailed explanation of the change.
- Submit: Once completed, submit the note. This note will be available to UKVI officers, who may follow up if additional details or documentation are required.
8. Potential Impact of Changes on the Worker’s Visa Application
In some cases, changes to a CoS after assignment can affect the worker’s visa application:
- Minor Corrections: Minor changes usually do not impact the application and can proceed as normal.
- Delayed Start Date: Delays in start dates may lead to questions from UKVI, especially if the delay exceeds three months.
- Role Changes: Major changes to the job role or occupation code may affect eligibility and lead to a need for re-assessment.
9. Important Deadlines and Timeframes
It’s important to make any changes or notify UKVI of updates in a timely manner:
- 30 Days for Role Changes: Major job changes must be reported within 30 days.
- 3-Month Start Date Rule: The start date should not be delayed more than three months from the initial date provided on the CoS.
Failing to report changes in time can lead to non-compliance with UKVI requirements, which may result in fines, visa denial, or sponsor license suspension.
10. Frequently Asked Questions
- Can I change the salary after assigning a CoS? Minor changes in salary that don’t affect the visa’s requirements can be updated with a sponsor note. Significant salary changes may require a new CoS.
- What if I made a mistake on the CoS? Minor typographical errors can usually be corrected through the SMS without a new CoS, but critical mistakes may need a sponsor note or re-issuance.
- Can I delay the start date? Yes, but if the delay exceeds three months, it may require UKVI notification and a sponsor note on the SMS.
11. Conclusion
Making changes to an assigned Certificate of Sponsorship requires careful adherence to UKVI guidelines. Minor adjustments can often be made within the Sponsor Management System, while significant changes may need UKVI notification or even a new CoS. By understanding these guidelines, employers can ensure compliance with immigration regulations and maintain their sponsor license. Following this guide will help employers navigate the amendment process smoothly and avoid any potential issues with UKVI.