Certificates of Sponsorships
Once you have your Sponsor Licence, you will be able to apply for Certificates of Sponsorship (CoS). These will enable you to sponsor non-EEA nationals whom you wish to recruit.
There are two types of Certificates of Sponsorship:
- Defined Certificates of Sponsorship – these are for prospective employees who are living overseas and wish to come to the UK to work for your organisation, and;
- Undefined Certificates of Sponsorship – these are issued to people already in the UK, who are switching to a skilled worker visa or taking up new employment.
We can assist your organisation with obtaining Certificates of Sponsorship and ensure you understand your compliance duties in related areas such as conducting your recruitment process, in a compliant manner. While Residential Labour Market Tests (RLMT) is not longer required prior to sponsoring an employee, the obligation still stands to show that your organisation has tried and failed to hire from within the UK. Failure to apply for Certificates of Sponsorship correctly or running recruitment process without keeping correct records can lead to severe adverse consequences.
When it comes to Sponsor Licence compliance, investing in expert legal advice can save you inordinate amounts of time, money, and stress. Our team of immigration law specialists will explain your duties and responsibilities clearly and help you achieve 100% compliance.
Frequently Asked Questions (FAQS)
How do I request a CoS?
You can request a new CoS through your Sponsor Management System (SMS). You will not receive a physical certificate; a CoS is simply a reference number which needs to be passed onto the employee so they can submit their visa application.
What is a Resident Labour Market Test and do I need it?
The Resident Labour Market Test was formally a mandatory requirement before an organisation was able to issue a CoS to sponsor a migrant. This requirement is no longer in place, however, you are still meant to be able to demonstrate the position you are offering is genuine and you have undertaken fair and transparent recruitment process, in an attempt to identify a local worker.
There were strict compliance requirements surrounding the RLMT procedure, including:
- where job advertisements are to be placed and the length of time the advertisement must appear
- the recruitment process
For those migrant workers who came to the UK when the RLMT was a mandatory requirement, your business will still be obligated to hold records of RLMT and produce them to the Home Office inspector if requested.
Our business immigration lawyers will provide advice on running your recruitment process correctly. It is vital that compliance is met as getting things wrong can lead to your Sponsor Licence being suspended or revoked.
Is there a cap on CoS?
There is no longer any cap to the number of CoSs that can be issued, be it the defined or the undefined ones. You will have an annual allocation for the undefined CoS, based on the needs of your business and the application you made for it. As for the defined CoS, you will need to make an application for this via your SMS, which in most cases will be decided within one working day.
Let our team assist you with applying for CoS and all other matters relating to Sponsor Licence compliance. Call our London office on 020 3372 5125 to make an appointment.