Hiring overseas talent is an essential step for many UK businesses seeking to grow and bring in specialized skills. To bring foreign workers into the UK legally, employers must secure a Certificate of Sponsorship (CoS), a key requirement for obtaining a work visa. This process, while straightforward, involves several steps and the submission of accurate documentation to ensure compliance with immigration laws.
In this guide, we’ll break down everything you need to know about the CoS process, the documents required, and how to avoid common pitfalls when applying.
What is a Certificate of Sponsorship (CoS)?
A Certificate of Sponsorship (CoS) is an electronic reference number assigned by UK employers to prospective foreign employees, which is necessary for the worker's visa application. The CoS ties the migrant worker to a specific job and employer, forming the basis of their work visa application.
There are two types of CoS:
- Defined CoS: Issued for employees living outside the UK.
- Undefined CoS: Assigned to workers already in the UK who are switching to or extending a visa.
For more details on these types of CoS, you can check out the comparison of Defined vs Undefined Certificates of Sponsorship.
The CoS is issued through the Sponsor Management System (SMS), which is an online platform that licensed employers use to manage their sponsorship duties.
Why Are Documents Important for a CoS Application?
The CoS application is reviewed carefully by the UK Home Office, and providing the correct documents ensures a smooth process. Incorrect or incomplete documentation can lead to delays or rejection, potentially disrupting business operations. Therefore, it is essential that both the employer and the prospective employee provide accurate and complete documents.
What Are the Required Documents for a Certificate of Sponsorship?
When applying for a CoS, employers need to gather and submit the following documents:
- Certificate of Sponsorship (CoS) Application Form: This form outlines the details of the job offer, the applicant, and the employer’s information.
- Foreign Employee’s Personal and Identification Details: Passport details, including issue date, expiry date, place of issue, and any previous UK visas held, must be provided.
- Copy of National Insurance Number: Required if the employee is already in the UK and switching visa routes.
- Copy of the Employee’s CV: This provides evidence of the employee’s qualifications and professional experience relevant to the job.
- Copies of Professional Accreditations or Essential Qualifications: If qualifications are in a foreign language, they must be translated into English, certified, and dated.
- Terms & Conditions of Employment: This document outlines the recruitment process and conditions of employment, including the job role and salary offered.
- Employment Contract: Must include the start and end dates of the employment, job description, salary, work hours, and the specific duties of the role.
- Contact Details of the Employer: Full contact information for the employer who is issuing the CoS.
- Proof of Payment of the CoS Application Fee: Confirmation that the sponsor has paid the relevant fee.
- Employee’s Criminal Record Certificate (if required by the job role): For certain jobs, especially those in healthcare, education, or positions involving vulnerable individuals, a criminal record check from each country where the employee has lived for more than 12 months may be necessary.
Why Each Document Matters
- CoS Application Form: This form is the basis of the entire application. Ensuring it’s filled out completely and correctly is critical to avoid delays.
- Personal Identification and National Insurance: These documents prove the worker’s identity and allow the Home Office to verify their immigration history.
- Qualifications and CV: These provide evidence that the foreign worker is suitable for the position offered. Accurate translation of foreign documents into English is essential for clarity.
- Employment Contract and Terms: These confirm that the job meets the visa requirements, such as offering a salary at or above the minimum threshold (£26,200 per year or £10.75 per hour, whichever is higher) and proving the role is genuine and necessary for the business.
Common Mistakes to Avoid When Submitting CoS Documents
Even small mistakes in the documentation process can lead to costly delays or a rejected application. Here are common mistakes to avoid:
- Inconsistent Information: Ensure that the details (e.g., names, job titles, dates) match across all documents. Even minor discrepancies can cause issues.
- Outdated Documents: Always provide the most up-to-date versions of required documents.
- Missing Key Documents: Employers sometimes overlook essential documents such as proof of payment or employee qualifications. Double-check the list of required documents before submitting.
How to Submit CoS Documents
Employers must submit all required documents via the Sponsor Management System (SMS), the online tool used to manage sponsorships. Once the documents are submitted, the Home Office will process the application, usually within 24 to 48 hours.
In some cases, the Home Office may request additional documents, which could delay the process. After approval, the CoS is issued electronically, and the unique reference number can be provided to the worker for their visa application.
What is the Sponsor Licence?
Before you can assign a Certificate of Sponsorship, your business must first hold a Sponsor Licence. This licence, granted by the UK Home Office, authorizes your company to hire non-UK workers. Without it, you cannot legally issue a CoS.
To obtain a sponsor licence, your company must prove that it is operating legally in the UK and has robust systems in place to monitor sponsored employees. The sponsor licence also ensures that you will comply with all immigration regulations, such as maintaining employee records and conducting right-to-work checks.
There are two types of sponsor licences:
- Worker Licence: For hiring skilled workers on long-term or permanent contracts.
- Temporary Worker Licence: For short-term or temporary roles.
After being granted a licence, you’ll use the Sponsor Management System (SMS) to assign CoS and manage all your sponsorship-related duties.
The sponsor licence is valid for four years and can be renewed. The application for a licence involves submitting documentation about your company’s legitimacy and paying the sponsor licence fees.
FAQs About CoS Document Requirements
Q: How long does it take to process a Certificate of Sponsorship?
A: The Home Office typically processes CoS applications within 24 to 48 hours, but processing times may vary if additional documents are requested.
Q: Can documents be submitted in another language?
A: Any non-English documents must be accompanied by a certified translation to ensure accuracy.
Q: What happens if my documents are rejected?
A: If the documents are incomplete or inaccurate, the Home Office may request additional information, causing delays. If the application is rejected, you’ll need to correct the issues and resubmit.
Conclusion
Obtaining a Certificate of Sponsorship is a critical step in hiring foreign workers. Ensuring that you provide the correct documents and that your business holds a valid sponsor licence is essential for a smooth process. By avoiding common mistakes, submitting accurate documentation, and staying compliant with UK immigration laws, you can ensure a seamless transition for your foreign hires.
For further guidance, consult the visa fees calculator to better plan your costs, and make sure your sponsor licence is up-to-date by reviewing the sponsor licence fees.