If you’re an employer sponsoring a prospective Skilled Worker visa applicant in the UK, understanding the difference between a ‘Defined’ and an ‘Undefined’ Certificate of Sponsorship (CoS) is essential.
Knowing this distinction is crucial in the sponsorship application process.
What is a Certificate of Sponsorship (CoS)?
A Certificate of Sponsorship (CoS) is an electronic document that UK employers issue to international employees they plan to hire. This document certifies a worker’s eligibility for a Skilled Worker visa in the UK and includes essential information about the role and the employer.
Key Differences Between Defined and Undefined CoS
The Home Office categorises CoS into two types—Defined and Undefined—based on the worker’s location at the time of application and the specific immigration route. Here’s how each type applies to the Skilled Worker visa route:
Defined CoS
A Defined CoS is for Skilled Worker applicants applying for their visas from outside the UK. This type of CoS is used when a company intends to bring new talent from overseas.
Undefined CoS
An Undefined CoS, by contrast, is for Skilled Worker applicants applying from within the UK. For example, Student or Graduate visa holders switching to a Skilled Worker visa would require an Undefined CoS.
How Employers Can Apply for a CoS
Before assigning and issuing a CoS, as a sponsor, you must first request it through the company’s Sponsor Management System (SMS).
The process varies depending on whether you are requesting a Defined or Undefined CoS:
Defined CoS
For a Defined CoS, employers must submit a specific request each time they need to sponsor a worker from outside the UK. The Home Office reviews the provided information before issuing the Defined CoS. In some cases, the Home Office may request additional details about the role and/or candidate before approving the request. Therefore, it is essential that the sponsor provides all necessary information accurately to avoid any delays.
Undefined CoS
For an Undefined CoS, employers must plan and request an annual allocation as part of the application process. However, for some companies with a long-standing sponsor licence, the Home Office may automatically allocate a number of CoS based on the extent of their business activities. These CoS allocations are valid for 12 months. Any unused CoS at the end of this period will be removed and cannot be carried over to the next CoS year. If a company requires additional CoS allocations, it can submit a request through the SMS during the course of the year.
Important Considerations for Skilled Worker Sponsors
- Plan Ahead: It’s crucial to know the type of CoS required and to plan for potential shortages, especially for Undefined CoS, which are allocated annually.
- Accuracy in Information: Ensure that all information provided in CoS applications is complete and accurate to avoid delays, as discrepancies or errors can slow down processing times.
- Stay Compliant: Adhering to Home Office requirements is critical to maintaining your sponsor licence and avoiding penalties.
For further guidance on navigating the CoS process or to learn more about the Skilled Worker visa route, please contact us.
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