Introduction
A Certificate of Sponsorship (COS) is a crucial document in the UK visa application process for foreign workers. It’s issued by a licensed sponsor (typically an employer) and is necessary for obtaining work visas such as the Skilled Worker Visa. The COS is an electronic document that details your employment and verifies that your job offer meets the UK’s immigration requirements.
In this comprehensive guide, we will cover what the Certificate of Sponsorship is, who needs it, how to apply for it, and the requirements for employers and employees. Whether you’re an employer looking to sponsor a worker or an applicant seeking a UK work visa, this guide will provide all the information you need to navigate the process smoothly.
1. What Is a Certificate of Sponsorship (COS)?
The Certificate of Sponsorship (COS) is an electronic reference number issued by the Home Office to licensed sponsors in the UK. It serves as proof that an employer has a valid job offer for a foreign worker and has met all the requirements for sponsoring an overseas worker. The COS is a key requirement when applying for certain UK work visas, including the Skilled Worker Visa.
Types of COS
There are two main types of Certificates of Sponsorship:
• Defined Certificate of Sponsorship: For workers applying from outside the UK.
• Undefined Certificate of Sponsorship: For workers applying from within the UK, such as those switching from a student visa to a work visa.
The type of COS required depends on the visa route the applicant is using, but both types are issued electronically and must be assigned by the employer.
2. Who Needs a Certificate of Sponsorship?
A Certificate of Sponsorship is required for foreign nationals who need to apply for a UK work visa. Specifically, the following individuals need a COS:
• Skilled Worker Visa applicants.
• Intra-company Transfer Visa applicants.
• Workers switching from another visa type (such as a Student Visa) to a work visa.
• Employees coming to the UK under a Temporary Worker Visa.
The COS is not required for every visa category. For instance, individuals applying for a Spouse Visa or Family Visa do not need a COS. However, anyone seeking a UK work visa, especially under the Skilled Worker Visa route, will need a COS as part of their application.
3. How to Apply for a Certificate of Sponsorship
The Certificate of Sponsorship can only be issued by a UK-based company that holds a valid Sponsor Licence. This means that as an individual applicant, you cannot apply for a COS directly; it must be assigned to you by your employer.
3.1 For Employers: How to Get a Sponsor Licence
Before issuing a COS, an employer must first apply for a Sponsor Licence. The process includes:
1. Registering with the Home Office: Employers must register as a licensed sponsor by applying through the UK Visas and Immigration (UKVI). The employer must prove they are a legitimate business and meet the criteria for sponsoring workers.
2. Fulfilling Eligibility Criteria: The employer must show they have appropriate systems in place to manage foreign workers and prevent immigration abuse. This includes maintaining employment records and reporting to the Home Office when necessary.
3. Paying the Licence Fee: There is a fee for applying for a Sponsor Licence. The fee depends on the size of the company:
• £536 for small businesses or charities.
• £1,476 for medium or large businesses.
Once the licence is granted, the employer can issue a Certificate of Sponsorship to eligible employees.
3.2 Assigning a COS to an Employee
Once the employer has a valid Sponsor Licence, they can assign a Certificate of Sponsorship by:
1. Accessing the Sponsorship Management System (SMS): Employers use the Home Office’s Sponsorship Management System to create and assign COS to individual workers.
2. Providing Job Details: The COS must include information about the job, including the job title, occupation code, salary, and start date.
3. Verifying Employee Eligibility: Employers must ensure that the role they are offering meets the criteria for the visa type (e.g., skill level, salary threshold).
4. Generating the COS Number: Once the COS is assigned, the system will generate a unique reference number, which the employee must use in their visa application.
4. Requirements for a Certificate of Sponsorship
The Certificate of Sponsorship contains important details about the worker and their role in the UK. To issue a COS, the employer must ensure the following requirements are met:
4.1 Salary Requirements
For most work visas, the job must meet specific salary thresholds. For example:
• Skilled Worker Visa: The minimum salary is usually £26,200 per year, or the going rate for the job, whichever is higher.
• Intra-company Transfer Visa: The salary must be at least £41,500.
Certain jobs, such as those on the Shortage Occupation List, may have lower salary requirements.
4.2 Skill Level
The job being offered must meet a certain skill level, typically RQF Level 3 (equivalent to A-levels) or above. The role must also fit within one of the eligible occupations listed by the Home Office.
4.3 Genuine Vacancy Requirement
The role must be a genuine vacancy and not a position created solely to sponsor a foreign worker. Employers must prove that they need to hire a non-UK worker to fill the position.
5. Visa Application Process After Receiving the COS
Once the employer has issued the Certificate of Sponsorship, the employee can use the COS number to apply for a UK visa. The COS is a crucial part of the visa application, and without it, the visa cannot be processed.
5.1 Submitting the Visa Application
Once the COS is issued, the employee can proceed with the visa application. The process includes:
1. Entering the COS Number: The employee must enter their COS reference number into the visa application form. This number links the visa application to the sponsored job offer.
2. Providing Supporting Documents: The employee will need to submit other documents, such as their passport, proof of English language proficiency, and financial documents.
3. Paying the Visa Fee: Visa fees vary depending on the type of visa and the applicant’s circumstances. For example, the fee for a Skilled Worker Visa can range from £625 to £1,423, depending on the length of stay and whether the job is on the Shortage Occupation List.
5.2 Processing Time for Work Visas
Visa processing times can vary but typically take between 3 to 8 weeks. Applicants can pay for priority services to receive a decision within 5 working days.
6. Key Considerations for Employers and Employees
While the Certificate of Sponsorship is a fundamental part of the work visa process, there are important considerations for both employers and employees.
6.1 For Employers
• Compliance with Sponsor Duties: Employers must ensure they follow all duties as a licensed sponsor, including reporting changes in the employee’s circumstances (such as a change in job role or salary) to the Home Office.
• Renewing Sponsor Licence: Sponsor licences are valid for 4 years, and employers must apply to renew their licence before it expires to continue sponsoring workers.
6.2 For Employees
• Financial Support: Employees must prove they can support themselves financially in the UK. If the employer certifies maintenance on the COS, this requirement is waived. Otherwise, the employee needs to show at least £1,270 in savings.
• English Language Requirement: Most visa categories require applicants to prove their English language proficiency by passing an approved test or having a degree taught in English.
7. Costs Associated with a Certificate of Sponsorship
Employers and employees need to be aware of the costs involved in issuing and using a Certificate of Sponsorship.
7.1 For Employers
• Sponsor Licence Fee: Small businesses pay £536, while larger businesses pay £1,476.
• Immigration Skills Charge: Employers may also need to pay the Immigration Skills Charge, which is £364 per year for small businesses or charities and £1,000 per year for large businesses.
7.2 For Employees
• Visa Application Fee: Ranges from £625 to £1,423 depending on the length of stay and visa type.
• Immigration Health Surcharge: Employees must pay the Immigration Health Surcharge (IHS) unless exempt. The IHS is £624 per year.
8. Common Mistakes to Avoid When Applying for a COS
Many applications for a Certificate of Sponsorship face delays or rejection due to common mistakes. Here are some things to avoid:
• Incomplete or incorrect information: Ensure that the details on the COS match those on the visa application exactly.
• Failure to meet salary or skill requirements: Employers must ensure that the job meets the appropriate salary and skill levels for the visa type.
• Non-compliance with sponsor duties: Employers must stay up-to-date with their responsibilities as licensed sponsors, including notifying the Home Office of any changes in the employee’s role or salary.
Conclusion: Navigating the Certificate of Sponsorship Process
A Certificate of Sponsorship (COS) is a vital step in the process of applying for a UK work visa, especially for foreign workers coming to the UK under the Skilled Worker Visa route. Whether you’re an employer looking to hire talent from overseas or an individual aiming to work in the UK, understanding the process for obtaining and using a COS is crucial.
By following the steps outlined in this guide, ensuring you meet the necessary requirements, and avoiding common mistakes, you can successfully navigate the process and move one step closer to achieving your UK employment goals.