Assigning a CoS under Tier 2 (General)
This applies where:
- You are applying for a restricted CoS;
- You wish to employ a migrant worker under Tier 2 (General);
- The job is at the appropriate skill and salary level;
- The resident labour market test has been undertaken; and
- No suitable settled workers are available to fill the vacancy for the role.
Points scored on CoS criteria
The restricted CoS application process requires the role you wish to fill with a migrant worker to score sufficient points from the UKVI’s score criteria to meet the minimum points total required for the CoS you are applying for. The criteria are in relation to the type of role you are wishing to fill and the salary that applicable to it. Your application must score points for both criteria and must score a minimum of 32 points to be valid. You won’t be able to send an application if it scores fewer than 32 points.
You will need to ensure that you comply with the requirements of the Resident Labour Market Test (or ensure that the role is exempt from its requirements because, for example, it is a ‘high earning’ role or designated as being in ‘shortage occupation’) before applying for a CoS. You will also need to ensure that you are offering the correct salary for the role, both when advertising it and when offering it to a migrant worker. Find more information about Tier 2 (General) salary levels here.
Assignment of CoS
A CoS is a virtual document. Once allocated to you on the Sponsor Management System you have 3 months in which to assign it to the migrant worker. If you fail to assign it within 3 months of it being allocated to you, it will expire.
You must also assign the CoS within six months of the date the vacancy was first advertised.
When assigning the CoS on the Sponsor Management System, a reference number is generated and you must give this number to the migrant you want to sponsor. They must then quote it in their application for entry clearance (if outside the UK) or leave to remain under Tier 2 (if inside the UK); or for worker authorisation if they are a Croatian national.
The migrant has 3 months in which to apply for a visa after the CoS has been assigned to them. After that date it expires and can no longer be used.
Visa (leave to enter)
Migrants who have been issued with a CoS need to comply with a number of requirements in order to successfully obtain a visa to enter and work in the UK. These include:
- Satisfying the maintenance requirement
- Producing evidence that they meet the English language requirement
- Obtaining a Biometric residence Permit (‘BRP’)
- Paying the visa application and health surcharge fees
- Where appropriate, producing a tuberculosis test result
- Producing a valid current passport or travel document
- Producing a passport-sized colour photograph
Maintenance requirement
All migrant workers must prove they have sufficient means to support themselves and any accompanying dependants without resorting to public funds. This can be done either by the migrant proving they have sufficient funds in a bank or savings account, or by the employer certifying that it will maintain them.
If you want to certify maintenance for a migrant (and under Tier 2, for their dependants), you just need to ‘tick’ the relevant box on the CoS you assign.
If you certify maintenance under Tier 2, you confirm that you will maintain and accommodate them up to the end of their first month of employment in the UK if needed.
If you do not certify maintenance, the migrant will need to produce evidence of their means to UKVI. For more information about Maintenence click here.
Biometric residence permit (‘BRP’)
Tier 2 migrants applying for leave to remain in the UK have to apply for a BRP. Before receiving the BRP, the migrant must give their fingerprints and facial image, have their identity confirmed and a successful decision made on their application for leave.
For further details on visa requirements, see Requirements for Visa application for migrants issued with a Certificate of Sponsorship.
