Certificate of Sponsorship (COS) UK

A certificate of sponsorship (CoS) is a digital document that is assigned to foreign workers coming to the UK. A CoS is used to verify that the worker is being sponsored for an eligible job in the UK.

Many UK work visas require a valid Certificate of Sponsorship (COS) because they require a CoS reference number within the application. The certificate is valid for three months after it is assigned to the foreign worker, giving them time to properly complete their application. The purpose of the certificate is to confirm that your business has agreed to sponsor the worker to come to the UK to join your company.

There are two types of CoS (Certificate of Sponsorship) to be aware of, and you will need to assign the correct one to your prospective migrant workers for them to have their visa application accepted. These are defined certificates of sponsorship and undefined certificates of sponsorship. These two documents have different requirements and will give the migrant worker access to different visas.

Not all UK businesses have the right to assign certificates of sponsorship, as they require a sponsor licence to assign either type of CoS. There are also two types of certificates to hire, either temporary or permanent workers. You can have one or both of these licences, and you can get a licence for the entire business or for each branch independently.

Whatever sponsor licence you use, any type of CoS you decide to make use of, you have to conduct all of these activities online through the sponsor management system (SMS).

To learn more about certificates of sponsorship, how to be assigned them, and the CoS management procedures on SMS, read this article.

Page Contents

• What is a Certificate of Sponsorship?
• Certificate of Sponsorship Eligibility Requirements
• Sponsoring Workers Under 18
• Types of Certificate of Sponsorship
• Certificate of Sponsorship Allocations
• Apply for a Certificate of Sponsorship
• How to Assign a Certificate of Sponsorship
• CoS Management
• Certificate of Sponsorship Costs
• How Long Does It Take to Get a Certificate of Sponsorship?
• How to Get a CoS Reference Number
• How Can Total Law Help?
• Frequently Asked Questions

You will need to prove to the Home Office that you are an eligible and licenced sponsor in order to assign certificates of sponsorship.

These include the following. You must:

• Have a valid, in-date sponsor licence
• Comply with all Home Office regulations regarding sponsoring foreign workers, including conducting proper right to work checks, assigning relevant staff to required positions to manage sponsor duties and keeping accurate records
• Prove that your organisation is financially stable and able to cover all associated costs of sponsoring workers
• Have no record of immigration breaches

In addition, the employee being sponsored must:

• Be employed for a genuine job role that meets minimum salary requirements
• Be a non-UK national who requires a visa in order to work in the UK
• Meet all other visa requirements for their chosen visa pathway

Most visa types requiring a CoS are only valid for adults, and applications for minor workers will be automatically refused.

Three notable exceptions break this rule. The three visas requiring a certificate of sponsorship that are applicable for under-18s include, firstly, the International Sportsperson visa, which has a minimum age of 16. Meanwhile, the Creative Worker visa and the Government Authorised Exchange visa have no minimum age.

However, note that the UK has a great deal of legislation surrounding the hiring of under-18s, which you will need to ensure your business is in line with. This includes legislation on working conditions, pay, breaks, and hours.

While you must have a “level 1” user-appointed in-house, you can hire HR contractors and agency staff for further “level 1” and “level 2” users. Furthermore, you can hire UK-based legal teams to manage your sponsorship management system account. However, they must be fully qualified for immigration services.

Holders of a valid sponsor licence are able to assign two types of certificates: defined CoS and undefined CoS. The application process will vary depending on the type of certificate that you have given to the worker.

The first type of certificate is Defined CoS. This type is limited to Skilled Worker visa applicants who are applying from abroad and aren’t yet in the UK.

Meanwhile, Undefined CoS is for all other visa applicants whether they are applying inside or outside of the UK.

Defined Certificate of Sponsorship (CoS) Application

Defined CoS always has the same application process. You must do the following:

1. Offer your prospective migrant worker a job and issue them a contract for full employment.
2. Sign the contract and receive the signed contract from the migrant worker.
3. Use your SMS account to apply for the Defined CoS. Include information on the migrant worker and ensure that their credentials will be worth a minimum of 70 points according to the points-based system.
4. Submit the application and give the UKVI time to assess your application and return the result to you.
5. Receive the certificate and reference number by paying the CoS fee in full.
6. Pass the reference number onto the foreign worker.
7. Follow up with the foreign worker over the next three months to ensure they properly complete the CoS application.

Undefined Certificate of Sponsorship (CoS) Application

If your prospective hire is applying for a visa other than the Skilled Worker visa or is applying for the Skilled Worker visa from inside the UK, you will need to assign them an undefined CoS from your CoS allocation. The application process is as follows.

1. Apply for your annual CoS allocation on SMS.
2. Once you have received your CoS allocation, you can assign one of your undefined certificates to the migrant worker. They will receive the reference number once you pay the fee.
3. Keep track of the migrant worker to make sure that they complete the application within three months.

You receive your CoS allocation when you apply for a sponsor licence. The number you are allocated is based on your business circumstances and the estimate for how many you require that you make when applying for the sponsor licence.

Note that you can’t make up a number from thin air when you estimate the number of undefined certificates that your business will require. You will need to provide evidence that you will be expanding your business to include roles suitable for a work visa and show that you actually require the number of defined certificates you have highlighted.

Adjusting My CoS Allocation

You have no automatic right to break the limit of your CoS allocation when you are assigning undefined certificates. However, if you realise you underestimated the number of certificates that your business requires, then you may be able to request additional undefined certificates.

Once again, you can ask to extend your CoS allocation on the sponsorship management system. This can be done at any time of year, but you must provide justification for why additional undefined certificates are required for your business.

One commonly accepted reason to give is that a sponsored worker that is already in your employment needs to change the visa category into another visa type that requires sponsorship. Alternatively, you can get another undefined CoS if a sponsored worker decides to extend their UK visa.

Finally, expanding your CoS allocation is acceptable if your business is undergoing a period of growth and needs new hires that cannot be obtained in the domestic market.

Defined Certificates

Defined certificates are not taken from your annual CoS allocation, and therefore, you will need to apply for each one individually before they can be assigned.

To make your application, you must navigate to the applications section of SMS and submit relevant information with evidence surrounding the role, why a migrant worker is required, and the specific migrant worker that you have chosen for the position. Having submitted the information, you will only need to wait for one working day before UKVI informs you if the application has been successful. In some cases, UKVI will want to conduct further checks, and it will take longer for your application to be processed.

Undefined Certificates

Due to the CoS allocation system, you won’t have to apply for undefined CoS individually. Instead, you will assign the ones included in your CoS allocation as required. Assigning an undefined certificate requires you to go through the following process on SMS:

1. Go to the “Workers” screen on SMS and click on “create and assign.”
2. Choose the visa category that your foreign hire will be applying for. Make sure that you are both aligned on which visa will be best.
3. Enter full details about the role you are assigning a CoS for.
4. Select “save”, then “assign”, and finally, “confirm CoS details before assigning.” This allows you to make sure that all of the given details are correct and accurate.
5. Consent to the terms given and click “assign” CoS.
6. Navigate to the “online payment screen” and pay the CoS fee in full.

Once you complete this process, you will receive a CoS reference number. Again, this must be used to apply for the visa within three months, or it will expire, and you will need to obtain another CoS.

Defined Certificates

The steps to assign a defined certificate to a worker are as follows:

1. Select ‘Create and Assign’ from the Workers screen.
2. Select the visa category for the CoS on the ‘Create and assign CoS’ screen.
3. Enter employment details on the ‘Application for defined CoS – employment details’ page, then save.
4. Confirm that the information is accurate on the ‘Confirmation of saved CoS’ screen or amend as necessary.
5. Select ‘Assign’ and confirm details.
6. Select ‘Assign CoS’.
7. Pay the CoS fee and the immigration skills charge, if necessary.

Undefined Certificates

Undefined certificates are also assigned through the SMS. The process will typically be quicker and simpler due to the fact that each certificate does not need to be approved by the Home Office.