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Table of Contents
What is a Certificate of Sponsorship (CoS)?
A Certificate of Sponsorship (CoS) is a mandatory electronic record, not physical paper, that a licenced UK employer must create to hire a specific foreign worker. It serves as a unique reference number that contains all the details of the job offer and officially proves to the UK Home Office that the position is genuine.
CoS in UK visa application is absolutely crucial, as a worker cannot submit an application for a UK Skilled Worker visa or other sponsored route without it.
There are two types of Certificate of Sponsorship UK:
- Defined CoS
- Undefined CoS
Check out our Sponsor Licence Guidance, too. The most challenging part about hiring foreign skills is to not get in trouble with the UKVI regarding sponsor licence.
Which Visas Require a CoS?
Here are the main visa categories and specific routes that require a Certificate of Sponsor:
- Worker Visas for long-term work (e.g., Skilled Worker Visa, Health and Care Worker Visa)
- Temporary Worker Visas (e.g., Scale-Up Visa, Seasonal Worker Visa)
- Global Business Mobility Visas (e.g., UK Expansion Worker Visa, Senior or Specialist Worker Visa, Secondment Worker Visa)
What is Defined CoS vs Undefined CoS?
The type of CoS you need mainly depends on one key factor: whether the person is applying from inside or outside the UK. Here’s a quick look at their differences:
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Feature
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Defined CoS
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Undefined CoS
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|---|---|---|---|
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Applicant Location
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Outside the UK
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Already in the UK
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|
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Purpose
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New entry to the UK
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Switching/extending visa
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Approval Speed
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Very fast (1 day)
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Very slow (18 weeks)
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How to Request a Defined CoS
A defined CoS is requested on a case-by-case basis for a specific job role and a specific individual applying from overseas. There is no annual allocation; you must apply for one each time you hire someone from abroad.
Here’s a step-by-step process:
1. Log in to the Sponsor Management System (SMS): A Level 1 User must access your organisation’s SMS account.
2. Navigate to the defined CoS Section: Go to the ‘Workers’ section and then select ‘Defined CoS’. From there, choose the option to ‘Apply for a Defined CoS’.
3. Complete the Application Form: Fill in specific details about the job and the prospective employee. This includes:
a. Job title and the correct Standard Occupational Classification (SOC) code.
b. Detailed duties and responsibilities of the role.
c. The salary and working hours per week.
d. The work start and end dates.
e. The primary work address.
f. Confirmation that the job meets all the requirements of the visa route (e.g., skill level and salary thresholds).
4. Submit the Request: Once all information is entered and verified, submit the application.
5. Await Approval: The Home Office reviews the request. Most straightforward applications are decided within one business day. However, it can take longer if they require additional information or have concerns about the role’s genuineness.
6. Assign the CoS: Once approved, the defined CoS will appear in your SMS account. You can then formally assign it to the worker, who will use the unique CoS reference number to apply for their visa.
How to Request an Undefined CoS
An Undefined CoS comes from a yearly allocation that your organisation estimates it will need for hiring people already in the UK (e.g., those switching visa types or extending their stay).
Here’s how you can obtain an undefined CoS:
1. Check Your Annual Allocation
When you first get your sponsor licence, you estimate how many Undefined CoS you will need for the first year. This becomes your annual allocation, which is renewed each year. Before hiring someone from within the UK, the first step is always to check if you have a CoS available for this allocation.
- Log in to the Sponsor Management System (SMS).
- View Your Allocation: Your current number of available Undefined CoS is visible in the system. If you have one available, you can proceed directly to assigning it to a worker.
2. Requesting an Additional Allocation (If Needed)
If you have used all your undefined CoS for the year or need more than you were allocated, you must request an increase.
- Log in to the Sponsor Management System (SMS).
- Navigate to the Allocation Request Section: Find the option similar to “Request additional CoS allocation” or “Renew annual allocation.”
3. Justify the Request
Provide your reason for needing more undefined CoS. This could include details about expected recruitment, specific employees who need to extend their visas, or other business needs.
4. Submit and Wait
This is the crucial difference. A request for an additional undefined CoS allocation can take up to 18 weeks to be processed by the Home Office. Priority service, however, is available for an extra fee.
5. Assign the CoS
Once the Home Office approves your request and the additional CoS appear in your allocation, you can then assign one to the worker by entering their personal and job details into the SMS.
How Do Annual CoS Allocation Renewals Work?
The annual CoS allocation for the sponsor is calculated based on multiple factors, including when it was first issued and when it was last renewed. Often, the allocation of CoS is automatically renewed each year, calculated based on the number of CoS allocated in the last 12 months via SMS.
The annual CoS allocation for majority of sponsors is for 12 months but for the sponsors who had their valid Tier 2 (General) or the Tier 2 (Intra-Company Transfer) licence at the time of 30 November 2020, and whose licence was converted to Skilled Worker or Intra-Company routes on the 1 December 2020, will need to apply for allocation through a different process:
- If the sponsor’s CoS allocation renewal has been automated, their annual allocation time will be from 6 April to 5 April every year.
- If the renewal has not been automated, the allocation year will run for 12 months from the time when the allocation request was approved.
What if the CoS Request is Denied?
In any case, the Home Office will inform you about the approval or rejection of your request. In case of ‘rejection’, the sponsor is allowed to reapply instantly without waiting. In case of a ‘refusal’, the individual will have to wait for the cooling-off period or the ban time.
What are Common Mistakes to Avoid with CoS?
- When you request a defined CoS for an individual who is already in the UK
- Submitting an undefined CoS for someone who is outside the UK
- Application missing or providing the wrong SOC code or other details
- Exceeding the annual allocation of undefined CoS
- Not assigning the Certificate of Sponsorship for UK visa after 3 months of approval
How to Check Cos Status?
• For Employers (Sponsors)
As a sponsor, your go-to is the Sponsor Management System (SMS). Simply log in to see the live status of any Certificate of Sponsorship you have issued. You will be able to see if it’s currently ‘Assigned’ to your new hire, ‘Used’ in their visa application, or if it has ‘Expired’, giving you a clear, real-time view of the situation.
• For Employees (Applicants)
As an applicant, you cannot check the CoS status directly online. The best way to know what’s going on is to simply ask your sponsor. They have access to the official system and can confirm if your CoS is ‘Assigned’ and ready for your visa application. You can also check if CoS is genuine or not by looking up your sponsor on the official GOV.UK register of licenced sponsors.
Frequently Asked Questions
For the defined CoS, the process takes about 1 to 2 working days after UKVI submission, whereas for the undefined CoS, it’s instant if you are assigning one you already have. Requesting a new or more undefined CoS can take significantly longer, potentially up to 18 weeks.
No, you cannot. For every visa application, it can be used only once.
No, you will have to request it again if the circumstances change for the applicant in any case.
In the event of any incorrect or misleading information, the visa will be refused, and the sponsor may risk having their licence revoked or facing strict action from the Home Office.
Applying for a CoS is less about uploading documents and more about inputting specific data. You will need the applicant’s personal details, passport information, and detailed job information like salary and duties.
Defined CoS vs Undefined CoS: Which to Choose?
Defined CoS vs undefined CoS—not sure what to choose? Choosing the right CoS to issue for your overseas staff is an important step. Legend Consults’ UK immigration lawyer is here to provide comprehensive support.
Speak to our immigration specialist today to maximise your chances of success on the first go.
Hiring overseas skills or immigrants in the UK? Your potential workforce will need to have a Certificate of Sponsorship first before they can apply for certain visa types. There are two kinds of CoS, usually determined where the applicant is based, whether inside or outside the UK.
Defined CoS vs undefined CoS—you need to know the differences between the two to avoid Home Office refusals and hiring delays.
