Call us on +44 20 3384 3075

English
Chinese
Russian

25 Apr Defined or undefined CoS?

Posted on April 25, 2022 in Working in the UK by
0 Likes

Migrant, who are applying for a visa under the Skilled Worker scheme or the Global Business Mobility route, will need to obtain a valid Certificate of Sponsorship (CoS) from their UK sponsor.

A CoS is a database record which confirms the details of the migrant whom the company intends to sponsor and the job they will do as well as duration of employment, salary, standard occupational code etc. The employer will need to assign a CoS using their Sponsorship Management System (SMS) account.

In addition, when requesting a CoS, the licensed sponsor confirms that the following information is true:

  • Genuine intention to sponsor a migrant;
  • The individual is able to meet the relevant immigration requirements;
  • The company is eligible to sponsor the worker in the chosen route;
  • Ability to comply with the terms and conditions of an A-rated sponsor.

 

Please note that a CoS can only be assigned by a person who has access to the SMS as a Level 1 or Level 2 user. The Authorizing Officer is not able to draft and assign a CoS, but he/she will have overall responsibility for the licence.

CoS: Defined or Undefined?

There are 2 types of CoS:

  1. Defined CoS are for migrants who are applying for an entry clearance (applications made from outside the UK) under the Skilled Worker scheme.
  2. Undefined CoS are for:
  • Individuals who are applying for leave to remain (applications made in the UK) under the Skilled Worker category;
  • CoS assigned to migrants on all other routes, for instance, applications made as Senior or Specialist Worker (this has replaced the Intra-Company Transfer route from 11 April 2022) or as UK Expansion Worker (this has replaced the Representative of an Overseas Business route from 11 April 2022) under the Global Business Mobility scheme, irrespective of whether they are applying from outside the UK or inside the UK.

 

Employers are able to assign an Undefined CoS from their annual allocation. However, sponsors must apply for a Defined CoS using a separate process each time they need one.

What shall you do if you made a mistake on the CoS?

Minor error:

Employers can use a “sponsor note” to amend, update or clarify information such as  the  start date or end date of the employment, salary details, or working hours, and amend a mistyped name or date of birth. However, if the sponsor has made more than one mistake in the migrant’s personal details, the company will normally need to assign a new CoS.

Significant error:

Sponsors MUST cancel a CoS and assign a new one if they have made a significant error such as:

  • They’ve entered the wrong occupation code;
  • They’ve assigned the CoS in the wrong route, or in the wrong sub-category;
  • They’ve made more than one single mistake in terms of the migrant’s nationality, date of birth, and surname.

 

Contact Our Immigration Team

For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.