Navigating the UK’s immigration system can be challenging, particularly when applying for a Certificate of Sponsorship (CoS). This essential document is required for employers looking to hire overseas workers and for individuals seeking employment in the UK. Properly understanding the required documentation is key to ensuring a seamless application process and adherence to UK immigration regulations. Without the correct paperwork, delays or rejections may occur, making it vital to prepare thoroughly.
The CoS plays a central role in the UK’s skilled worker visa process, serving as proof that an employer has offered a genuine job to a foreign national. Both employers and applicants must ensure they meet all eligibility criteria and submit the necessary supporting documents. This includes proof of the job offer, evidence of the applicant’s qualifications, and compliance with salary thresholds. By carefully preparing and verifying all required materials, applicants can avoid common pitfalls and improve their chances of a successful outcome.
What Is a Certificate of Sponsorship (CoS)?
A Certificate of Sponsorship is an electronic record issued by a UK-licensed employer to a foreign worker, enabling them to apply for a visa. It’s not a physical certificate but a unique reference number that holds information about the job and the applicant. There are two types of CoS:
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Defined CoS: For applicants applying from outside the UK.
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Undefined CoS: For applicants already in the UK or extending their stay.
Employers must use the Sponsorship Management System (SMS) to assign a CoS, ensuring the role meets the eligibility criteria set by the UK Home Office.
Who Can Issue a Certificate of Sponsorship?
Only UK employers with a valid sponsor licence can issue a CoS. To obtain this licence, employers must apply through the UK Visas and Immigration (UKVI) and demonstrate their ability to meet sponsorship duties. The licence categories include:
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Worker Licence: For skilled or long-term employment.
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Temporary Worker Licence: For specific types of temporary employment.
Employers must ensure the job role is genuine, meets the skill and salary requirements, and complies with UK employment laws.
Documents Required By Employers to Issue a Certificate of Sponsorship
Employers must provide several documents to obtain a sponsor licence and issue a CoS:
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Proof of Sponsor Licence Approval: Confirmation from UKVI that the employer is a licensed sponsor.
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Job Details: Including job title, description, and salary.
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Evidence of Recruitment Process: If applicable, details of the recruitment process to demonstrate the role cannot be filled by a resident worker.
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Employment Contract: A signed contract outlining the terms of employment.
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Company Documents: Such as VAT registration, PAYE reference number, and financial statements.
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Compliance Records: Evidence of the company’s compliance with UK employment laws.
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Additional Documents for Specific Sectors: For example, care providers must be registered with the Care Quality Commission (CQC) if sponsoring care workers.
Employers should consult the official guidance on employing someone from outside the UK for detailed information.
Documents Required By the Sponsored Worker
Prospective employees must provide various documents when applying for a visa using a CoS:
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Valid Passport or Travel Document: To confirm identity and nationality.
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Certificate of Sponsorship Reference Number: Provided by the employer.
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Proof of English Language Proficiency: Such as an approved English language test or academic qualification taught in English.
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Job Details: Including job title, annual salary, and occupation code.
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Employer Details: Name and sponsor licence number, as stated on the CoS.
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Financial Evidence: Proof of sufficient personal savings to support themselves in the UK, unless the employer certifies maintenance.
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Tuberculosis Test Results: Required if the applicant is from a listed country and coming to the UK for more than six months.
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Criminal Record Certificate: Necessary for certain job categories, particularly in education, healthcare, and social services.
Applicants should refer to the official guidance on documents required for a Skilled Worker visa for comprehensive information.
How to Submit the Documents for CoS
Submitting the correct documents through the right channels is essential to avoid delays or rejections in the Certificate of Sponsorship (CoS) process. Both employers and workers need to be aware of the procedure and format requirements.
For Employers:
Employers assign the CoS through the Sponsorship Management System (SMS). Once the sponsor licence has been approved, the employer can log into the SMS portal and allocate a CoS to the intended worker. During this process, employers must upload necessary supporting documents to prove the authenticity of the job role, salary, and qualifications.
Document Format Requirements:
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Documents should be clear scans of the original (color preferred).
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Acceptable formats include PDF, JPG, and PNG.
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File sizes should adhere to SMS limitations—typically under 6MB per file.
Timing:
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For defined CoS (for applicants outside the UK), a request must first be submitted via SMS. If approved, the employer will be notified and can assign the CoS.
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For undefined CoS (for in-country applications), employers can assign it directly if they have unused allocation.
For Workers:
Once a CoS is assigned, the worker receives a unique reference number. This must be included in the visa application submitted through the UK Visas and Immigration (UKVI) system. All supporting documents must be uploaded during the visa application process.
Common Mistakes to Avoid When Submitting CoS Documents
Mistakes in documentation can lead to serious consequences, including delays, refusals, or even bans from sponsoring again. Here are some frequent errors to watch out for:
1. Submitting Expired or Incomplete Documents:
Employers must ensure all documentation, such as licences, company records, or job contracts, is up to date and complete. Incomplete applications may be flagged or rejected.
2. Incorrect SOC Codes or Job Details:
Each job must align with an official Standard Occupational Classification (SOC) code. Assigning the wrong code may result in visa refusal. The job title and responsibilities must also be consistent across all documents.
3. Insufficient Salary or Hours:
Some roles have minimum salary thresholds (e.g., £26,200 or £10.75 per hour for Skilled Worker visas). Failing to meet this requirement or misrepresenting part-time hours as full-time can invalidate the CoS.
4. Lack of Maintenance Certification:
If the employer is not certifying maintenance, the worker must show personal savings. Many applicants miss this requirement, especially when coming with dependents.
5. Mismatched Job Offer and Employment Contract:
Discrepancies between the CoS and the worker’s employment contract (e.g., job duties or salary) can trigger suspicion and potentially lead to a visa refusal.
6. Ignoring TB Test and Criminal Records Where Required:
Some nationalities and job sectors require additional health or security documentation. Skipping this step may result in application delays or rejection.
Avoiding these pitfalls starts with reading the official sponsor guidance and, if needed, seeking professional advice from immigration specialists.
Processing Time and What Happens After Submission
Understanding the timeline and steps that follow a CoS submission helps manage expectations and reduce anxiety for both employers and workers.
For Employers:
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Once a CoS is issued through the SMS, it becomes immediately available for the worker to use in their visa application.
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Employers can track the status of defined CoS requests through the SMS portal.
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If there are concerns or audits from the Home Office, sponsors must respond promptly and accurately to avoid penalties.
For Workers:
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After receiving the CoS reference number, workers apply for a visa through the UK Visa and Immigration portal.
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Visa processing time typically takes 3 weeks for out-of-country applicants and 8 weeks for in-country applications, though priority services are available in some locations.
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The visa application must be submitted within 3 months of the CoS being assigned.
Post-Submission:
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Applicants will be called for biometric enrollment and may have to attend a visa appointment.
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Upon approval, a visa vignette is placed in the passport, followed by the Biometric Residence Permit (BRP) upon arrival in the UK.
FAQs on Certificate of Sponsorship Document Requirements
Can a CoS be reused if a visa is refused?
No. Each CoS can only be used once. If the visa is refused, the employer must issue a new CoS (if eligible).
How long is a Certificate of Sponsorship valid?
A CoS is valid for 3 months from the date it is assigned. The worker must apply for the visa within this window.
Do all job categories require the same documents?
No. Some sectors, such as healthcare, education, and social care, may require additional checks like DBS certificates or health clearances.
What happens if my documents are rejected?
If documents are missing or incorrect, UKVI may contact the applicant or employer for clarification. Incomplete submissions could lead to visa denial or delays. Always double-check all required items before submission.
Can a worker switch employers with the same CoS?
No. A new CoS must be issued by the new employer, and the worker must apply for a new visa accordingly.
Conclusion
Securing a Certificate of Sponsorship is a crucial step in employing skilled workers from overseas or coming to the UK as a sponsored employee. For employers, maintaining compliance and submitting accurate documentation is vital for retaining sponsor status. For workers, organizing and presenting the correct personal and employment documents is key to a successful visa application.
Given the complexity of the UK immigration system, both parties should rely on official guidance from UK Visas and Immigration and consider legal consultation if unsure about specific documentation or eligibility criteria.
If you’re an employer planning to sponsor foreign workers or an individual aiming to work in the UK, understanding and preparing the correct documents is your first step toward success.
