assigning a certificate of sponsorship

For example, a request submitted on 20 November would be decided on or around 12 December. They could already be here on another Tier 2 visa, working for another company, or they could be a Tier 4 visa holder switching from a student visa onto a Tier 2 visa, or they could be applying to extend an existing grant of leave under Tier 2. A Certificate of Sponsorship (CoS) must be assigned by a sponsor licence holder to every prospective foreign employee before the individual can apply for a Tier 2 visa. An Unrestricted CoS can be used in specific circumstances such as where the salary is at least £159,600 per annum. In order to ensure your Tier 2 Sponsor Licence continues to receive a good rating, our immigration team can conduct regular compliance visits and assist in assigning any Certificates of Sponsorship. Individuals who are dependants of Tier 4 students, where that dependant is already in the UK and wishes to switch into Tier 2 (General). Please email to register your interest in attending a tutorial and we will contact you to let you know the next available date. Preparation is the key to successful compliance checks from the Home Office. Ensure you can satisfy a Home Office audit by meeting your Sponsor Licence Duties & Obligations, including Right to Work Checks. Location: Home » Business Immigration » Sponsor Licence » Tier 2 Certificate of Sponsorship. Whilst the process of assigning a Certificate of Sponsorship (CoS) is straightforward, it’s useful for sponsors to know what validates a CoS. A Sponsor Licence Renewal application is required in order to continue employing existing sponsored workers. In order to apply for an extension to a Tier 2 (General) visa for a current University employee, a new CoS application will need to be submitted by the department/institution. version of this document in a more accessible format, please email, SMS guide 8: Creating and assigning a CoS, Creating a CoS: guide for business sponsors (SMS guide 8a), Introduction to the sponsorship management system: SMS guide 1, Applications, renewals and services: SMS guide 3, Manage your sponsorship licence: SMS guide 2, Restricted certificate of sponsorship: SMS guide 12, Sponsorship: guidance for employers and educators, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. It is critical that HR teams and those responsible for assigning Certificates of Sponsorship understand the rules and stay up to date with changes in policy affecting CoS allocations. We also offer specialist advice in relation to CoS allocations for Tier 2 visa renewals to avoid issues with existing sponsored employees’ permission to work in the UK. 6183275 Applying from abroad and do not have the right to work in the UK; or, Applying from inside the UK and are switching immigration category to Tier 2 (General); or. All non-EEA national workers who are offered a job in the UK must apply for a Tier 2 or Tier 5 work visa to enter the UK as a worker. Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. As a team of immigration lawyers and former Home Office personnel, we can work with you to assist with compliant use of CoS as required under your sponsor licence duties. The ‘allocation date’ is set as the first working day after the 10th of every month. Please use an alternative browser. Extensions: Where you need to extend leave for an individual who is already in the UK working for you and has or was last granted leave under Tier 2 (General) or as a Work Permit holder. The delay may result in a new Resident Labour Market Test having to be conducted. Details of the rules and process for assigning a Certificate of Sponsorship are due to be published by UKVI and we will update shortly. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your matter further. Each certificate has its own number which a worker can … 127 People Used View all course ›› Visit Site UK Visa Sponsorship for Employers - Certificate of Sponsorship. It is critical that HR teams and those responsible for assigning Certificates of Sponsorship understand the rules and stay up to date with changes in policy affecting CoS allocations. By submitting, you agree to our Privacy Policy. Advice on selecting the right class of Certificate of Sponsorship, Guidance on Tier 2 requirements including, Integrating the CoS requirement into existing recruitment and onboarding processes, Planning for unrestricted CoS allocations, Tier 2 Certificate of Sponsorship (A Guide!) In all cases, following acceptance of an offer of employment, the recruiting department/institution must complete the Tier 2 CoS application form for new appointments. This is an electronic record, not a physical document. Each year the Sponsor can request their annual allocation for the number of Unrestricted Certificates of Sponsorship that they anticipate needing for the year ahead (usually for extensions). Don’t worry we won’t send you spam or share your email address with anyone. We must issue an unrestricted CoS in the following circumstances: Please note: where an individual is making a change of employment application, in either of the above scenarios, they cannot start the new job until the Tier 2 visa has been issued. At any time the Sponsor can request an increase in their current allocation. As the individual currently holds a Tier 2 visa and is an employee of the University, much of the information required for a CoS is already held by the Compliance Team. version of this document in a more accessible format, please email We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Our Solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. A Certificate of Sponsorship can also be withdrawn or cancelled at any time by either the Home Office or the Tier 2 Sponsor. If a new employee needs to be sponsored in the UK then the Sponsor can request a CoS allocation through their Sponsor Management System. Before a worker can apply for a Tier 2 General visa the employer needs to assign a Certificate of Sponsorship (CoS) to that worker. Correctly assigning the Certificate of Sponsorship is part of the Tier 2 Sponsor Licence holder’s sponsorship duties and it is important that the details on the CoS are correct. The SMS is an online tool that allows you, as a sponsor licence holder, to administer your day-to-day sponsorship activities, including creating and assigning Certificates of Sponsorship. With a sponsor licence in place, the next step to onboard a Tier 2 worker is to allocate the relevant Certificate of Sponsorship. We specialise in points-based system application and have a vast amount of experience in dealing with Certificates of Sponsorship. questions, How the We help employers avoid Home Office penalties. If the application is successful, then the Compliance Team will issue the CoS reference number to the recruiting institution along with further instructions. Tier 2 Applicants must have a valid CoS reference number before they can apply under the Tier 2 visa route. There are also two different classes of CoS, and employers must ensure that in each instance, they are using the relevant type of CoS in the correct way. If a CoS is not valid at the time the Tier 2 worker submits their visa application, the application will be refused resulting in delays to start date. The rules for assigning a Certificate of Sponsorship are complex, exposing employers to compliance risks. If a CoS is granted, the employer assigns the CoS to the individual, who can then use the reference number to apply to the Home Office for entry permission. Rest assured, TalentScotland always respects your privacy. A Certificate of Sponsorship (“CoS”) is an electronic document which has a unique reference number and holds personal information about the potential migrant employee, as well as information about the job such as salary, length of employment, whether the Resident Labour Market Test has been completed (if applicable) and relevant SOC code and job description. Our solicitors and barristers will ensure all specified documents must be retained in the files. This document should be viewed with the SMS guide 8a. This will be placed to the HR Compliance Team for processing. An unrestricted certificate of sponsorship is for individuals who are already based in the UK. To issue a CoS, you will need to submit relevant information about the role onto the sponsor management system (SMS) and a unique reference number will be issued. Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We use cookies to collect information about how you use GOV.UK. This annual allocation request will generally be used for known Tier 2 General Extension applications. has a Tier 4 (Student) visa and is switching to a Tier 2 (General) visa; has a Tier 2 (Intra-company Transfer) Graduate Trainee visa; will do a job with a PhD-level standard occupational classification (SOC) code. The applicant does not have to apply immediately, but you cannot assign a CoS more than 3 months in advance of the intended work start date. Assigning a CoS UK involves working through a short online form to provide the Home Office with information about the migrant you want to sponsor and the work they will do. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. Once the CoS application is complete, departments/institutions will be required to either upload the CoS application form and supporting documents into the system or indicate that these will be posted out separately to the HR New Appointment Team. If you continue to use this site we will assume that you are happy with it. The CoS is a self-certifying document that a sponsor licence holder issues to a Tier 2 visa applicant to onboard them into the organisation. This is an electronic record, not a physical document. The Compliance Team will only assign a CoS to an individual provided all these requirements have been met. The SMS is an online tool that allows you, as a sponsor licence holder, to administer your day-to-day sponsorship activities, including creating and assigning Certificates of Sponsorship. You can instruct one of our immigration and visa legal representatives to successfully assist you in assigning a Tier 2 Certificate of Sponsorship. There is a lot to consider when assigning the CoS and any errors in the allocation can result in Home Office enforcement action, such a sponsor licence downgrade, suspension or even revocation. if the migrant is sponsored for a job as a doctor or nurse under SOC codes 2211 and 2231; if the migrant is sponsored for a job with a salary of £159,600 or above; if the migrant is sponsored for a job connected with the inward investment provisions; all in-country Tier 2 visa applications; with the exception of those who are switching from a Tier 4 dependant visa. Please note: the Compliance Team cannot process a CoS extension more than three months before an individual's Tier 2 visa is due to expire.

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