Defined & Undefined Certificates of Sponsorship

The Certificate of Sponsorship (CoS) is a key requirement for businesses in the UK looking to hire non-UK workers. Employers must understand the distinction between defined and undefined CoS to ensure compliance with UK immigration laws. In this guide, we will break down the key differences between these certificates, explain when each is required, and provide a detailed overview of the application process.

What is a Certificate of Sponsorship (CoS)?

A Certificate of Sponsorship is an electronic record issued by UK employers to migrant workers they intend to sponsor under the UK’s points-based immigration system. It is not a physical document but a unique reference number that a worker will use to apply for their visa.

If you're new to this process, it’s important to start by understanding the full scope of the sponsor licence application process, as obtaining a CoS is tied to a company’s sponsorship responsibilities.

Key Differences Between Defined and Undefined Certificates of Sponsorship

Defined Certificate of Sponsorship

A defined Certificate of Sponsorship is required when hiring a skilled worker applying for a visa from outside the UK. Employers must apply for a defined CoS on a case-by-case basis, and approval must be granted by the Home Office before the CoS can be assigned to the worker. This type of certificate ensures that only genuine, skilled roles are being filled by non-UK workers.

Undefined Certificate of Sponsorship

An undefined Certificate of Sponsorship, on the other hand, is used when sponsoring workers who are already in the UK or for other visa categories such as visa extensions. Once a company has a sponsor licence, they are typically allocated a batch of undefined CoS to assign to migrant workers as needed, without needing prior approval from the Home Office each time.

When Should You Apply for a Defined or Undefined CoS?

Understanding when to apply for a defined or undefined CoS is crucial to ensuring compliance and avoiding delays in the visa process.

• Defined CoS: Used when hiring a worker applying for a skilled worker visa from outside the UK.
• Undefined CoS: Used when sponsoring a worker already inside the UK, whether for a new visa application or an extension (e.g., switching from a health and care worker visa to another visa category).

To make sure you're applying for the correct CoS, consult with your SMS level 1 user or account manager. Missteps can lead to a sponsor licence revocation.

How to Apply for Defined and Undefined Certificates of Sponsorship

Step-by-Step Guide for Defined CoS

1. Log into the Sponsor Management System: Your company's sponsor management system is where you'll submit an application for a defined CoS.
2. Submit Application: Provide details about the role, including job title, salary, and SOC code. The Home Office reviews these details to ensure they meet the criteria for skilled work.
3. Wait for Approval: Once the application is submitted, you'll need to wait for approval from the Home Office. The timeline varies, but the Sponsor Licence Priority Service can expedite this process.

Step-by-Step Guide for Undefined CoS

1. Allocation Request: When applying for a sponsor licence, you will be allocated a certain number of undefined CoS.
2. Assign a CoS: When the need arises to sponsor a worker, simply assign one of your available CoS through the SMS, providing details of the worker and their role.
3. Visa Application: The worker will use the CoS to apply for their visa, whether they are extending a current visa or switching visa categories.

For detailed guidance on government fees associated with the CoS process, check our visa fees calculator.

Costs Associated with Certificates of Sponsorship

The costs for a Certificate of Sponsorship can vary depending on your company’s size and the number of CoS required. Common fees include:

• Immigration Skills Charge: An additional cost incurred when sponsoring a worker.
• CoS Fees: Fees for assigning each CoS, whether defined or undefined.To estimate your costs, you can use our visa fees calculator to get a more accurate idea of the total sponsor licence fee.

Common Mistakes to Avoid

1. Incorrect CoS Type: Applying for the wrong type of CoS can result in visa delays or refusals.
2. Job Role Misalignment: Ensure the job role matches the required SOC code, or your CoS may be rejected.
3. Insufficient Documentation: Be diligent about gathering the necessary sponsor licence documents before applying.

What Happens If Your Certificate of Sponsorship Application Is Refused?

If your CoS application is refused, you may face significant delays in hiring your desired candidate. To mitigate this risk, ensure you follow Home Office guidelines closely, seek help from an immigration advisor, and review any previous refusals to avoid repeating mistakes. If your refusal leads to larger issues, such as a licence being at risk of sponsor licence revocation, seek professional assistance immediately.

Conclusion

Understanding the difference between a defined and undefined Certificate of Sponsorship is crucial for UK businesses sponsoring non-UK workers. Getting it right can help streamline your recruitment process, while mistakes can lead to costly delays and compliance issues. Whether you're applying for your first CoS or renewing your sponsor licence, having a clear process in place is essential.

If you need help with the CoS process or want expert guidance on applying for a sponsor licence, contact us today to ensure your business complies with UK immigration laws.