How To Get Certificate of Sponsorship UK
Mr. Sajjad Kayani
Overview
A Certificate of Sponsorship (CoS) is an essential component of the UK immigration process for employers seeking to hire skilled foreign workers. This document confirms that the employer is willing to sponsor the worker and that the job meets the necessary criteria under UK immigration law. In this comprehensive guide, we will discuss the steps to obtain a CoS, eligibility criteria, required documents, the application process, and how Kayani Legal, a leading firm of solicitors, can assist you throughout the process.
Table of Contents
How To Get Certificate Of Sponsorship UK
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Assess eligibility:Â Ensure the job meets the minimum salary requirements, skill level, and English language proficiency criteria for the relevant visa category.
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Obtain a sponsorship licence:Â Apply for and secure a sponsorship licence from the UK Home Office, demonstrating your organisation's compliance with immigration rules and regulations.
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Identify the appropriate CoS type:Â Determine whether you require an unrestricted or restricted CoS based on the worker's visa category and circumstances.
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Request a CoS from the Sponsor Management System (SMS):Â Log into your SMS account and request the CoS. Please provide accurate information about the job, the candidate, and their qualifications.
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Pay the Immigration Skills Charge:Â Pay the required charge for each sponsored worker unless exempted.
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Assign the CoS:Â Once the CoS is granted, assign it to the worker using the SMS. Provide the worker with the CoS reference number, which they will use when applying for their visa.
Eligibility Criteria For COS
- The job must meet the minimum salary requirements for the relevant visa category.
- The role must be at or above the appropriate skill level (Regulated Qualifications Framework level 3 or above).
- The worker must demonstrate English language proficiency, depending on the visa category.
Documents Required For Certificate Of Sponsorship UK
- Proof of the worker's qualifications, such as degrees, certificates, or professional qualifications.
- Evidence of the worker's English language proficiency, if applicable.
- Job offer letter or employment contract.
- Job description outlining the role's responsibilities and requirements.
Biometric Appointments
Foreign workers applying for a UK visa must attend a biometric appointment to provide their fingerprints and photograph. This information verifies their identity and creates a biometric residence permit.
Certificate Of Sponsorship UK Cost
The application fee for a CoS varies depending on the type of CoS (unrestricted or restricted), the worker's visa category, and the size of the sponsoring organisation.
Application Process
- The employer obtains a sponsorship licence and requests a CoS through the SMS.
- The worker submits a visa application, including the CoS reference number, required documents, and payment of any associated fees.
- The worker attends a biometric appointment if required.
- The UK Home Office reviews the application and makes a decision.
Immigration rules and regulations
Employers and workers must stay up-to-date on UK immigration rules and regulations. These may change periodically and impact the CoS process, eligibility criteria, and visa requirements.
Sponsorship Process
The sponsorship process involves the employer obtaining a sponsorship licence, demonstrating their commitment to compliance with UK immigration laws, and meeting their sponsorship duties.
Dependents
Workers with a CoS may bring dependents to the UK, including their spouse, partner, or children under 18. Dependent visa applications must meet specific requirements, such as proving their relationship to the principal applicant and demonstrating adequate financial support.
Tips for success
- Ensure the job meets the eligibility criteria for the relevant visa category.
- Provide complete and accurate information in the CoS application.
- Keep all documents Up-to-date and well-organised. 4. Demonstrate compliance with UK immigration laws and regulations.
- Seek professional legal advice to navigate the complex application process.
Reasons for Refusal
Common reasons for CoS refusal include:
- Only complete or accurate information is in the application.
- There needs to be more evidence of the worker's qualifications or English language proficiency.
- The job requires one to meet the minimum salary requirements or skill level.
- Non-compliance with UK immigration rules and regulations.
Visa Extensions and Changes
Workers with a valid CoS may be eligible to extend their visa or switch to a different visa category in the UK. It is essential to meet the relevant eligibility criteria and provide the required documentation.
Rights and Restrictions
Workers with a CoS have certain rights, such as the ability to work for their sponsoring employer and bring dependents to the UK. However, restrictions may include a prohibition on accessing public funds and the requirement to leave the UK when the visa expires.
Case Studies and Success Stories
Kayani Legal has successfully handled numerous CoS applications, including:
Case Study 1
Assisting a tech company in securing a CoS for a highly skilled software developer.
Case Study 2
Helping a healthcare organisation navigate the CoS process for a specialist nurse.
Case Study 3
Supporting an academic institution in obtaining a CoS for a renowned professor.
Case Study 4
Guiding a small business through the complex CoS application process for a skilled chef.
Case Study 5
Advising a multinational corporation on CoS requirements for transferring senior management staff to the UK.
Case Laws on Certificate of SponsorshipÂ
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R (on the application of Raj & Knoll Ltd) v Secretary of State for the Home Department [2015] EWHC 1329 (Admin)
This case highlighted the importance of maintaining accurate records and providing evidence to demonstrate genuine employment offers when assigning CoS.
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R (Suny) v Secretary of State for the Home Department [2017] EWHC 3381 (Admin)
The court emphasised the significance of complying with the Resident Labour Market Test requirements when applying for a CoS.
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R (Akinde) v Secretary of State for the Home Department [2017] EWHC 1730 (Admin)
This case underscored the need for sponsors to notify the Home Office of any changes in circumstances, including changes in job roles, salary, or working hours.
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R (Alvi) v Secretary of State for the Home Department [2012] UKSC 33
The Supreme Court clarified that any requirements related to CoS must be specified in the Immigration Rules or related legislation to be enforceable.
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R (Khan) v Secretary of State for the Home Department [2016] EWHC 972 (Admin)
The court upheld the revocation of a sponsor licence due to assigning CoS to non-existent vacancies, emphasising the need for genuine employment offers.
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R (Sponsor) v Secretary of State for the Home Department [2015] EWHC 1170 (Admin)
The court determined that a sponsor must be reasonably able to respond to allegations before the Home Office revokes their licence.
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R (Bhagya) v Secretary of State for the Home Department [2013] EWHC 1276 (Admin)
This case stressed the importance of sponsors demonstrating their compliance with the Immigration Rules and regulations when requesting a CoS.
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R (Kamal) v Secretary of State for the Home Department [2017] EWHC 3639 (Admin)
The court held that the Home Office must provide sufficient reasons when rejecting a CoS application or revoking a sponsor licence.
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R (Global Medical Services Ltd) v Secretary of State for the Home Department [2014] EWHC 4455 (Admin)
This case focused on the obligation of sponsors to adhere to the salary requirements when assigning a CoS.
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R (SMS Rahman & Co Ltd) v Secretary of State for the Home Department [2016] EWHC 2216 (Admin)
The court found that a sponsor's failure to pay the required salary, as stated in the CoS, was a valid ground for revoking the sponsor's licence.
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R (Addison Global Ltd) v Secretary of State for the Home Department [2019] EWHC 1378 (Admin)
This case addressed the need for sponsors to retain accurate records of employees' immigration status and provide these records upon request from the Home Office.
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R (Sponsor) v Secretary of State for the Home Department [2016] EWHC 2387 (Admin)
The court held that a sponsor's failure to report changes in employment circumstances could lead to the revocation of their licence, emphasising the importance of reporting duties.
Find Your Answer
Frequently Asked Questions
- expert guidance on obtaining a Sponsor Licence,
- assigning CoS, and ensuring compliance with UK immigration laws.
Why Kayani Legal
Expertise
Our team of experienced immigration solicitors is well-versed in UK immigration law and the CoS process.
Personalised service
We provide tailored advice and support to meet your needs and circumstances.
Proven track record
Our firm has a history of successful CoS applications, demonstrating our commitment to achieving positive client outcomes.
Comprehensive support
We guide you through the entire CoS process, from obtaining a sponsorship licence to assigning the CoS and ensuring compliance with immigration rules.
Client-focused approach
We prioritise your interests and work diligently to help you achieve your immigration goals.
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