A Sponsor’s Guide to Defined and Undefined Certificates of Sponsorship
Before a foreign national can apply for a visa to work in the UK, they must usually obtain a valid Certificate of Sponsorship (CoS) from their employer.
A CoS is an electronic record—not a physical document—that contains a unique reference number. The worker must use this number to apply for their visa. Once a CoS has been assigned to a worker, it must be used for their visa application.
There are two types of CoS that a sponsor can assign under the Skilled Worker route: Defined and Undefined.
Defined Certificate of Sponsorship
A Defined CoS is used for Skilled Workers applying for entry clearance from outside the UK. This type of CoS must be applied for through the Home Office and approved before it can be assigned to a potential migrant worker.
Undefined Certificate of Sponsorship
An Undefined CoS is for Skilled Workers applying for permission from within the UK or for those on other visa routes, including the Global Business Mobility routes. The annual allocation of Undefined CoS allocated to your organisation is determined by the Home Office, based various factors including your business size, needs, and recent immigration history.
The Defined CoS Route
A-rated sponsors can request Defined CoS on a case-by-case basis through their Sponsorship Management System (SMS). Once approved by the Home Office, the certificate will appear in your SMS account. You can then assign the Defined CoS to the relevant individual. It is essential to include accurate personal and job details, as the Home Office will use this information to evaluate the visa application.
Processing times can vary significantly—from as little as 24 hours to several days or weeks—depending on whether additional information is required for the assessment.
Additional Information Required by the Home Office
Delays on the Home Office side often occur when additional evidence is needed. Sponsors should be prepared to submit supporting documents, such as:
- A written statement explaining why your business requires the role
- A detailed job description outlining main duties
- An organisational chart showing current staff, vacant positions, and roles filled by migrant workers
- A staff rota indicating current duties and locations
- Evidence of where migrant employees will work, including addresses and role breakdowns
- Copies of client contracts (if relevant)
- Financial documents such as company accounts and bank statements
- Details on current staff payment methods and funding for the migrant worker
- Employment contracts for existing sponsored workers under the relevant SOC codes
- Your company’s website address
This list is not exhaustive but provides an overview of the level of detail expected by the Home Office. Be prepared for longer processing times if additional evidence is requested.
Important Considerations
During the assessment, the Home Office may of course decide to reject your CoS application. Such reasons could be:
- The role not meeting skill or salary requirements
- Using an incorrect occupation code
- Concerns about the genuineness of the role
- Providing false or misleading information
Recent changes to salary thresholds and occupation codes mean it is crucial that the role you intend to sponsor complies with the latest provisions.
The Undefined CoS Route
An Undefined CoS is typically used when a migrant worker is already in the UK and wishes to switch visa categories, extend their stay, or change employment. It is also used for other sponsored routes, such as the Global Business Mobility routes.
Most A-rated sponsors automatically receive an annual allocation of Undefined CoS equal to the previous year’s usage. All sponsor license holders should therefore regularly monitor their existing CoS allocation. Consider your future recruitment plans, as well as the business’s upcoming need to file visa extension applications for existing staff. Ensuring you have sufficient Undefined CoS available when needed can save you a lot of time and expensive in the long-term.
If you do need to request an increase in your allocation, this can be made to the Home Office at any time. However, unless you use the priority service, processing can take up to 18 weeks.
The cost to allocate an Undefined CoS to a potential migrant worker remains £525, similar to the cost for a Defined CoS.
Compliance is Key
Effective management of your Certificates of Sponsorship is essential. Keep detailed records for each CoS, including job descriptions, salary details, employment contracts, and any other relevant documentation.
Inconsistent or inaccurate records can raise red flags and may trigger a compliance audit by the Home Office. If the authorities were to find serious breaches in your record-keeping, this could lead to the downgrading or revocation of your sponsor license.
Smith Stone Walters
Smith Stone Walters has a dedicated sponsor licence team who are experienced in helping businesses of all sizes to manage the sponsorship process. Our immigration consultants can act as a Level 1 user on your SMS account, which allows us to monitor the status of your CoS allocation and when you need to renew, as well as other essential day to day administration relating to your licence.
To find out how we can help, please call 0208 461 6660 or email info@smithstonewalters.com.
