What are defined and undefined CoS?
The Skilled Worker visa has replaced the Tier 2 (General) work visa. It allows people from outside of the UK to obtain work with an approved employer in an eligible job in the UK.
In order to be eligible for the skilled worker visa, the applicant will need to provide a CoS as part of their application.
What is a CoS?
A CoS is a Certificate of Sponsorship which is a virtual document that an employer allocates to an eligible migrant. In theory, it shows the Home Office that an individual is being sponsored by a compliant employer to do a specific job role. The CoS will outline details of the employment including the job role, the salary and will show to the Home Office that an employer will take on the responsibilities required during the period of employment.
Compliant companies, known as sponsor licence holders, must make a request for their yearly certificates of sponsorship. They do this through the sponsor management system (SMS). Before assigning a CoS, the employer/sponsor must be satisfied that the individual meets the requirements for the visa.
With the introduction of the new skilled worker visa, there is a removal on the cap of visas issued in this category. What were formerly known as “restricted” and “unrestricted” Certificates of Sponsorship, the UK government has replaced these with defined and undefined Certificates of Sponsorship.
What is an undefined CoS?
Undefined CoS are for those migrants who are switching into the skilled worker category from within the UK.
A company will need to request for undefined CoS for them to be able to assign to migrants that are suitable for the role. A sponsor can apply for more undefined CoS allocations throughout the year should they need more, and there is usually a fee for each CoS assigned.
What is a defined CoS?
A defined CoS is for those migrants who are applying from outside of the UK, otherwise known as “entry clearance” applicants.
Knowing the difference between defined and undefined CoS
It is important for sponsors to understand the difference between the two types of CoS. If the wrong CoS is allocated or false information is provided to the Home Office, then the sponsor licence may be revoked.
Once a CoS is assigned it must be used for the visa application within 3 months.
Should you have any queries regarding the above information or if you require assistance with your corporate, employment or immigration matter, please get in touch with a legal professional at Hudson McKenzie via email at firstname.lastname@example.org or by telephone +44(0) 20 3318 5794.
The information provided does not amount to legal advice.