Applying for the allocation of certificates of sponsorship (CoS)
A CoS is similar to what used to be called a ‘work permit’, except it is issued by the employer from any CoS allocated to it under the Sponsorship Management System. Work permits were issued by the Work Permits department of the Home Office.
Different criteria, requirements and procedures apply to obtaining an allocation of “unrestricted” and “restricted” CoS.
Unrestricted CoS are allocated to Licensed Sponsors annually (or can be applied for through the Sponsorship Management System) and are generally limited to situations where the employer needs to issue a new CoS to an existing migrant employee whose current CoS is about to expire. See Unrestricted CoS.
Restricted CoS are required to employ any other migrant workers. An employer wishing to fill a vacancy with a migrant worker must apply through the Sponsorship Management System for a restricted CoS, once it has undertaken any necessary processes, such as checking that the job falls within one of the categories specified by UKVI in its Standard Occupational Classification codes (SOC); that the role and salary are at the appropriate level; and that the ‘Resident Labour Market Test’ has been correctly undertaken, or that the role is one which UKVI have classified as a ‘shortage occupation’.
The allocation of a restricted CoS by UKVI can take several months from the time the employer applies, as there is an annual and monthly limit on the number.
Applications for restricted CoS allocations can only be made by A-rated sponsors using their Sponsor Management System. This must be done by the close of business on 5th of each month. If allocated that month, the certificates are issued on the 11th of the same month. If not allocated that month, because the monthly limit on CoS has been exceeded, they will be considered in the following month or months, once there are available CoS to allocate.
Once a CoS is allocated to the employer, it should then assign it to the migrant worker by completing the CoS on the Sponsorship Management System and giving the migrant the unique CoS reference number. Find more information on Assigning a CoS under Tier 2 (General) here.
The employer may also need to assist the migrant with their application for entry clearance to the UK, or leave to remain in the UK if the migrant is applying inside the UK.
Employers will need to be aware of situations where changes to a migrant’s job description or duties could amount to a deemed change of occupation, requiring the issue of a new CoS. All CoS jobs are categorised according to UKVI’s SOC. A new CoS will need to be issued in the following circumstances:
- If a migrant changes jobs and moves to one with a different SOC code.
- If a migrant’s job was on the shortage occupation list and they change jobs to one that is not listed as a shortage occupation.
