Once you have your Tier 2 or 5 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:
- Restricted 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;
- Unrestricted Certificates of Sponsorship – these are issued to people already in the UK or family members (dependants) of Tier 4 migrants who are switching to a Tier 2 visa
We can assist your organisation with obtaining Certificates of Sponsorship and ensure you understand your compliance duties in related areas such as conducting Residential Labour Market Tests (RLMT). Failure to apply for Certificates of Sponsorship correctly or running an RLMT without keeping correct records or placing advertisements in the right place 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?
You will need to confirm on the CoS application that the position you are offering is genuine and you have undertaken an RLMT if required. If the position you are hiring for is on the Shortage Occupation List and is full-time or pays more than of £159,600 per year, you will not need to run an RLMT.
There are 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
Our business immigration lawyers will provide advice on running an RLMT 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?
The number of Restricted CoS is capped and details of how many are available in any one month can be found here (the number is usually between 1000-2000. You need to apply for new CoS by the 5th of the month to be allocated a restricted CoS by the 11th of that month.
Let our team assist you with applying for CoS, RLMT, and all other matters relating to Sponsor Licence compliance. Call our London office on 020 3372 5125 to make an appointment.