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Preparing for the new UK Immigration system and Brexit – Points for employers consideration

Posted by Davenport Solicitors Team on June 10, 2021 in BREXIT, Business Immigration, Employment Law

Defined or Undefined Certificate of sponsorship (CoS)

If an organisation has a sponsor licence, they would need to assign a defined or undefined CoS to the migrant worker in order that the migrant worker can apply for their skilled worker or other sponsored visa. It is important for the organisation to assign the correct CoS. So, what is the difference between a defined and undefined CoS?

Undefined CoS

Undefined CoS are to be used for those who are already in the UK and who can lawfully apply under the Skilled worker route, such as a student switching to Skilled worker route or an employee and for those who are applying under the other routes, whether in the UK or overseas.

When an employer applies for a sponsorship, they will be asked to confirm how many CoS they require. If they require more, once using up the initial allocation they can request further CoS. They will need to provide an explanation as to why they require further CoS.

There is a priority service available to expediate the request. The cost is £200 per request. If the priority service is not used it can take up to 18 weeks for the Home Office to process the request to increase the allocation.

Any CoS that has not been assigned would expire on 5 April each year.

Defined CoS

A defined CoS should be assigned to those who are applying from overseas. Sponsors would need to make a request via the Sponsorship Management System (SMS) for a defined CoS. When applying for a defined CoS the Home Office may ask for further information such as how the individual was identified. Therefore, sponsors should ensure that they are able to provide the information. Although the resident labour market test has been abolished, it is good HR practice to have a formal recruitment process, advertise the position and retain evidence of the advertisement(s).

Once the defined CoS request has been granted. It can be assigned to the migrant worker. It must be assigned to the migrant worker within 3 months or it will expire and the sponsor would need to complete the process again.

For advice on applying for a sponsor licence or more information about assigning the correct certificate of sponsorship, contact our expert Immigration team on 0207 903 6889 or email: contact@davenportsolicitors.com.

The material contained on this website contains general information only and does not constitute legal or other professional advice and should not be relied upon as such. While every care has been taken in the preparation of the information on this site, readers are advised to seek specific legal advice in relation to any decision or course of action.

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