Last Updated on October 30, 2024 by admin
Sponsoring an Employee: To sponsor foreign employees in the United Kingdom, employers will need a Certificate of Sponsorship (CoS). This includes EU, Iceland, Liechtenstein, Norway, and Switzerland citizens who arrived in the UK after 31 December 2020.
When recruiting workers under the UK sponsored work visa routes, employers have to provide them with CoS. Before a migrant worker is sponsored, an employer must assign a Certificate of Sponsorship to confirm that the conditions of the relevant visa have been met.
How long does it take to sponsor an employee in the UK? In this article, we will make you understand what a CoS is, what types of CoS are there, and how long it takes to sponsoring an employee.
What is a Certificate of Sponsorship?
A Certificate of Sponsorship (CoS) is a reference number, not a physical document, that a sponsor provides to a potential employee they wish to sponsor.
The certificate has a unique number that the employee uses to apply for a visa. CoSs are obtained and assigned through the Sponsor Management System (SMS).
What is the purpose of a Certificate of Sponsorship (CoS)?
The purpose of the Certificate of Sponsorship is to confirm the following:
- The employer wishes to sponsor the worker.
- The worker meets the relevant immigration requirements for the specific route they are applying under.
- The employer is eligible to sponsor the worker on that route.
- That they are eligible to sponsor the worker on the relevant route; and
- That they agree to abide by the terms of conditions as stated in the Sponsor Management Systems (SMS).
However, having a valid CoS does not guarantee that the worker will be granted entry clearance or permission to stay.
What is the difference between an undefined and defined Certificate of Sponsorship?
Undefined CoS is used for skilled workers applying for permission within the UK or for workers on other visa routes such as the Intra-Company Transfer route.
Defined CoS is for skilled workers outside the UK applying for entry clearance. It is not assigned from the sponsor’s annual allocation and there are no limits to the number of Certificates available.
Sponsors must request a Defined CoS allocation. Unlike Undefined CoS, specific details of the migrant must be provided for the Defined CoS. It can only be assigned to the migrant whom the request was made for.
What is an Annual Certificate of Sponsorship?
An annual CoS allocation refers to the number of Undefined Certificates of Sponsorship (CoS) that an employer estimates they will need for workers and temporary workers within a year.
When a company applies for a sponsor licence, it estimates the number of undefined certificates required for different routes. These certificates are used to sponsor foreign nationals applying for permission to work in the UK.
The Home Office grants this allocation based on the organisation’s justification, and it remains valid for up to 12 months.
Can an employee switch from an Undefined to Defined CoS?
An employee can switch from Undefined to Defined Certificate of Sponsorship if they are in the UK and hold an Undefined CoS and they’re eligible for the skilled worker route.
To change to a Defined CoS, one needs to ensure:
- Skilled Worker meets the requirements for the visa.
- Your employer requests a Defined CoS for you through the Sponsorship Management System (SMS).
- You apply for the Skilled Worker visa once the Defined CoS is assigned. You’ll need to submit your application online, pay the relevant fees, and provide supporting documents.
- During the application process, you’ll indicate that you’re switching from an Undefined CoS to a Defined CoS. Make sure to follow the guidance provided by the Home Office.
Who needs a Certificate of Sponsorship?
- Skilled Worker visa
- Global Business Mobility visas
- Scale Up visa
- Minister of Religion
- International Sportsperson
- Scale-up Worker
- Creative Worker
- Religious Worker
- Government Authorised Exchange
- International Agreement
- Seasonal Worker
How can an employer obtain a Certificate of Sponsorship?
To obtain a Certificate of Sponsorship (CoS) in the UK, employers need to apply for a sponsorship licence if their company meets the eligibility criteria.
To apply, the company will have to choose the appropriate type of sponsorship licence based on the category of workers it plans to sponsor. Once the application is approved, the company will receive the sponsorship licence.
Once the company has a licence, it can apply for either Defined or Undefined certificates through the Sponsorship Management System. For undefined certificates, the employer will have to estimate how many undefined certificates they will need for workers and temporary workers in the first year when applying for their licence.
After the application process, the company will assign the Certificate of Sponsorship to a worker. After assigning the CoS, the worker should use it to apply for their visa within 3 months before the job’s start date listed on the certificate.
What does the Home Office consider in the CoS allocation application?
When applying for the Certificate of Sponsorship, the Home Office considers several factors to determine your annual allocation such as:
- Business details such as your business operation, the type of business you conduct, and how long you’ve been trading.
- Previous records with UK Visas and Immigration (UKVI).
- Sponsorship arrangement: The agencies you work with to hire workers and their immigration history.
- Company size and operations
- Specific categories. If you’re applying under the UK Expansion Worker category, the location and nationality of your Authorising Officer.
What is the cost of a Certificate of Sponsorship?
The cost will depend on how long the CoS is assigned and the type of visa being applied.
Skilled Worker visa CoS costs £239 per certificate while Temporary Worker visa CoS costs £25 per certificate.
CoS for an international Sportsperson visa assigned for more than 12 months costs £239 and £25 assigned for 12 months or less.
Immigration and visa fees may apply if you assign a certificate to a Skilled Worker or Senior/Specialist Worker.
How long does it take to get a Certificate of Sponsorship?
It typically takes one working day for a Certificate of Sponsorship to be approved. Once the certificate is approved, it will appear in your Sponsorship Management System (SMS) account.
However, it may take longer if UKVI needs to carry out further checks on the information in your application.
To ensure a swift and smooth application process, the company should ensure they have provided all the necessary information accurately, ensure they meet the eligibility criteria for the specific visa category, and submit the application promptly.
Always monitor SMS accounts for updates.
A Certificate of Sponsorship takes one working day to be approved, however, it may take longer if UK Visas and Immigration (UKVI) needs to carry out further checks. Remember, when issuing a CoS, the worker is not supposed to apply for the visa 3 months before the start date of the job listed on the CoS.
FAQs
Q: How much does it cost to sponsor a foreign employee?
Ans: Sponsoring a foreign employee in the UK involves several costs such as:
- Sponsor license application fee which is £1,476 for large companies and £536 for small companies and charities.
- Certificate of Sponsorship which is £199 per employee.
- Immigration skill charge which is £1,000 for large companies and £364 for small companies. This is for the first year. Each additional 6 months will cost £500 for large companies and £182 for small companies.
- Visa application fee which may cost £610 to £1,408 depending on the length of stay.
Q: How to sponsoring an employee?
Ans: To sponsoring an employee in the UK, a business owner must ensure that their business is eligible to sponsor workers. The eligibility check includes a genuine business and can offer a job that meets the skill and salary requirements. If the business is eligible, the business owner can:
- Apply for sponsor license
- Assign a Certificate of Sponsorship
- Employee applies for visa
As a sponsor you have to be compliant by keeping records of your sponsored employees and reporting any changes to circumstances in UK Visas and Immigration (UKVI).
Q: What is a tier 2 sponsored employee?
Ans: A Tier 2 sponsored employee, now referred to as a Skilled Worker, is a non-UK resident who is employed by a UK company under the Skilled Worker visa route. The worker can stay in the UK to do an eligible job with an approved employer.
Q: Can my company sponsor an employee in the UK?
Ans: Yes, your company can sponsoring an employee in the UK as long as it meets the eligibility check of sponsoring employees.
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