1. What is a Certificate of Sponsorship (COS) in the UK?
A Certificate of Sponsorship (COS) is a vital document required for foreign nationals who wish to work in the United Kingdom under a work visa. The COS is not a physical document but an electronic reference number issued by a UK employer who is licensed to sponsor workers from outside the country.
The COS confirms that the worker has a legitimate job offer in the UK and that the employer will sponsor the individual’s visa application. The certificate contains detailed information about the job, the employer, and the sponsored employee, allowing the UK Home Office to process the visa.
2. Why is the COS Important for UK Work Visas?
The Certificate of Sponsorship is essential because it’s a mandatory requirement for most UK work visas, including:
- Skilled Worker Visa (formerly Tier 2 General Visa).
- Intra-Company Transfer Visa.
- Minister of Religion Visa.
- Sportsperson Visa.
Without a valid COS, foreign nationals cannot apply for these work visas. It serves as proof that the employer has conducted proper recruitment efforts and that the job meets the UK’s visa sponsorship requirements, including the minimum salary threshold and skill level.
3. How Do Employers Issue a Certificate of Sponsorship (COS)?
Only UK employers who hold a Sponsor Licence from the Home Office can issue a Certificate of Sponsorship (COS). Here’s the process they must follow:
- Obtain a Sponsor Licence: The employer must apply for and be approved by the UK Home Office as a licensed sponsor.
- Assign a COS: Once licensed, the employer can assign a COS to a foreign worker. They do this by logging into the Sponsorship Management System (SMS), providing job details, and generating a unique reference number for the sponsored employee.
- Provide COS to the employee: The reference number and details are sent to the employee, who uses it when applying for their work visa.
The COS must include critical details about the job, including salary, duration of employment, job role, and a certification that the role is genuine.
4. Types of Certificates of Sponsorship (COS)
There are two types of Certificates of Sponsorship issued by UK employers, depending on the type of work visa being applied for:
- Defined COS: This is for skilled workers applying for a visa from outside the UK. Employers must request a defined COS for each worker, and it needs approval from the Home Office before it’s assigned.
- Undefined COS: This is for skilled workers who are already in the UK and need to switch from another visa category or extend their current visa. Employers can assign undefined COSs directly from their annual allocation.
Employers must ensure they assign the correct type of COS to avoid delays or complications in the visa process.
5. What Information is Included in a Certificate of Sponsorship (COS)?
A Certificate of Sponsorship contains important details about the job and the employee, such as:
- Job title and description: A clear explanation of the role being offered.
- Salary: The worker’s pay, which must meet the minimum salary threshold for the visa category.
- Start and end dates: The duration of the employment contract.
- Sponsorship rating: Confirmation that the employer is licensed and meets the sponsorship requirements.
- Work location: The address where the employee will work.
- Additional details: Any other relevant information about the job or sponsorship conditions.
This detailed information is reviewed by the UK Home Office during the visa application process to ensure that the role meets the visa criteria.
6. How Long is a Certificate of Sponsorship (COS) Valid?
A Certificate of Sponsorship (COS) is valid for three months from the date it is issued. During this period, the sponsored worker must submit their visa application using the COS reference number. If the worker does not apply within this time frame, the COS will expire, and the employer will need to issue a new one.
Once the visa is granted, the COS can cover employment for the length of the work contract, which can be up to five years depending on the visa category.
7. What is the Role of the COS in the Skilled Worker Visa Application?
The Certificate of Sponsorship plays a central role in the Skilled Worker Visa application. To qualify for this visa, the foreign worker must have a COS from a licensed UK employer. Here’s how it fits into the process:
- Job offer: The worker must have a confirmed job offer from a UK employer.
- COS assignment: The employer assigns the COS through the Sponsorship Management System, confirming that the job and salary meet the visa requirements.
- Visa application: The worker uses the COS reference number to apply for the Skilled Worker Visa online. The visa application cannot be processed without this reference number.
The Skilled Worker Visa is one of the most common work visas in the UK, and the COS is crucial to obtaining it.
8. What Are the Requirements for Employers to Issue a COS?
UK employers must meet several requirements to issue a Certificate of Sponsorship:
- Sponsor Licence: The employer must hold a valid Sponsor Licence from the Home Office.
- Genuine vacancy: The job being offered must be a genuine role that meets the required skill level and salary threshold.
- Resident Labour Market Test (optional): For some roles, the employer must demonstrate that they have made efforts to hire locally and that no suitable UK candidates are available.
- Compliance: Employers must comply with all sponsorship duties, including monitoring the worker’s attendance and reporting any changes in employment to the Home Office.
Employers must also pay an Immigration Skills Charge when assigning a COS for certain visa categories, including the Skilled Worker Visa.
9. Common Issues with Certificates of Sponsorship (COS)
While the Certificate of Sponsorship is a straightforward process, there are a few common issues that employers and workers may encounter:
- Incorrect details on the COS: Errors in job descriptions, salary, or employee details can result in visa rejections or delays.
- COS expiration: If the employee does not apply for their visa within the three-month validity period, the COS expires, and a new one must be issued.
- Insufficient allocation: Employers have an annual allocation of COSs. If they need more than they are allocated, they must request additional COSs from the Home Office.
It’s essential to ensure that all details are correct and that COSs are issued promptly to avoid any disruption in the visa process.
10. How Much Does a Certificate of Sponsorship (COS) Cost?
The cost of issuing a Certificate of Sponsorship varies based on the size of the sponsoring company and the type of visa. Current costs for issuing a COS include:
- For small or charitable sponsors: £536.
- For medium or large sponsors: £1,476.
In addition to the COS fee, employers may also need to pay the Immigration Skills Charge, which ranges from £364 to £1,000 per year depending on the size of the business and the visa type.
Employers should factor in these costs when planning to sponsor a foreign worker.
Conclusion
A Certificate of Sponsorship (COS) is a critical component of the UK immigration system for foreign workers. It enables licensed UK employers to sponsor non-resident workers and proves that the job meets the UK’s visa requirements. Whether you’re an employer or an employee, understanding the role of the COS, how to apply for it, and the associated costs is essential for a smooth visa process.
Ensuring that all the details in the COS are accurate and timely will help avoid any delays in obtaining a UK work visa.