Obtaining an additional allocation of Certificates of Sponsorship (CoS) can be a demanding process for licensed sponsors. UK Home Office may examine the organisation’s recruitment plans, financial position and need for each proposed role before granting additional Certificates.
Sponsors may also receive requests for detailed information and supporting documents. This can delay recruitment and create serious problems where an existing sponsored worker requires a new CoS before their visa expires.
This article explains the CoS allocation process, the difficulties sponsors may face and the steps organisations can take to prepare a properly supported request.
What is a CoS allocation request?
A Certificate of Sponsorship is an electronic record assigned by a licensed sponsor to an overseas worker. The worker uses the CoS reference number when making their visa application.
There are two types of Certificate of Sponsorship:
- A Defined CoS is required for a Skilled Worker applying for entry clearance from outside the UK.
- An Undefined CoS is generally required for a Skilled Worker applying from within the UK and for workers applying under certain other sponsored routes.
Why are CoS allocation requests difficult for sponsors?
Several practical issues can make the process challenging.
The sponsor must demonstrate a credible need
UK Home Office will consider whether the sponsor has provided sufficient justification for the number of Certificates requested and whether the stated need is credible in light of the organisation’s circumstances.
When deciding an allocation request, UK Home Office may consider the organisation’s size, the nature and extent of its business activities, how long it has been trading and its previous record as a sponsor.
It may grant fewer Certificates than requested or set the allocation at zero where the sponsor has not provided sufficient justification, the stated need is not considered credible, the proposed roles are not eligible or the sponsor is uncertain whether or when it will recruit the workers.
Priority service places are subject to availability
Eligible, fully active A-rated Worker and Temporary Worker sponsors may apply to use the priority service for an additional Undefined CoS allocation request or an annual CoS allocation request.
The service costs £350 per request. UK Home Office currently accepts a minimum of 120 priority requests each working day. Any change to this number will be communicated through the SMS message board.
Sponsors must submit the relevant allocation request through the SMS before applying for priority consideration by email. A priority request may not be accepted if it is ineligible, submitted outside the service’s operating hours or the daily allocation has already been reached.
Eligible requests for which payment has been successfully made will be considered within five working days. However, the Home Office states that an outcome may take longer where the request is complex or additional checks are required. The service also does not guarantee that the CoS allocation request will be approved.
UK Home Office may request extensive evidence
A sponsor applying to increase its CoS allocation must explain fully why the additional Certificates are required. The Home Office may ask for evidence before deciding the request.
The evidence required will depend on the sponsor’s circumstances and the reasons given for requesting additional Certificates. The current sponsor guidance does not provide a standard list of documents that every organisation must submit.
Sponsors should ensure that the reasons given through the SMS are complete, accurate and supported by any evidence requested by the Home Office.
What happens if the Home Office requests further information?
UK Home Office may ask a sponsor to provide additional information before deciding a priority CoS allocation request. If the requested information is not provided in due course, the request may be rejected and the priority fee may not be refunded.
The Authorising Officer should check their email regularly, including the spam or junk folder, in case the Home Office requests further information.
How can a delay affect a sponsored worker?
A pending CoS allocation request does not constitute an immigration application by the worker. It does not, by itself, extend the worker’s immigration permission or provide a continuing right to work.
Where a worker makes a valid application before their existing permission expires, section 3C of the Immigration Act 1971 may extend their existing permission and conditions while the application is outstanding. This can include their existing right to work.
The employer must still complete the appropriate right-to-work check. Depending on the worker’s circumstances, this may be completed through the Home Office online service or the Employer Checking Service.
An employer that employs someone illegally without completing the prescribed checks may face a civil penalty of up to £60,000 per illegal worker. Failure to carry out the correct checks may also result in action against the organisation’s sponsor licence.
How Morgan Smith Immigration can help
CoS allocation requests can have significant consequences for recruitment, business operations and individual workers. A request should clearly demonstrate that the proposed vacancies are genuine, eligible, affordable and appropriate for the organisation.
Morgan Smith Immigration can assist with preparing CoS allocation requests, reviewing proposed roles and occupation codes, checking salary requirements and responding to Home Office requests for further information. If your organisation requires an additional CoS allocation or has a sponsored worker approaching their visa expiry date, call us on 0203 959 3335 or email us at [email protected].
