In the UK, Certificates of Sponsorship (CoS) are required for employers who wish to sponsor foreign workers for a Skilled Worker visa. These certificates are issued through the Sponsor Management System (SMS) and can be either defined or undefined. But what’s the difference between them? And how do you apply for each? In this article, we’ll explain the key differences between defined and undefined CoS, and how you can apply for each type.
What is a Defined Certificate of Sponsorship?
A defined CoS is used when hiring foreign nationals who are applying for a Skilled Worker visa from outside the UK. If you’re an employer looking to sponsor someone who is not already in the UK, you must apply for a defined CoS. This certificate has to be requested through the SMS portal and needs to be approved by UK Visas and Immigration (UKVI) before it can be assigned to the employee.
To summarize, if you are hiring someone from overseas to work in the UK, you’ll need a defined CoS.
What is an Undefined Certificate of Sponsorship?
An undefined CoS is used when hiring someone who is already in the UK and is applying for a Skilled Worker visa from within the UK. For example, if a person is switching from another visa type to the Skilled Worker visa or changing employers, you’ll need to issue them an undefined CoS.
When you apply for a sponsor licence, you will be asked to provide an estimate of how many undefined CoS you will need for the first year. There is no cap (limit) on the number of undefined CoS you can assign, as long as you have the necessary permissions and your worker meets the visa requirements.
How to Apply for a Defined Certificate of Sponsorship
Here’s how you can apply for a defined CoS for someone applying for a Skilled Worker visa from outside the UK:
- Access your SMS system and log in.
- Go to the ‘Workers’ page and select ‘Defined CoS’.
- Click ‘Apply for defined CoS’.
- Enter the number of CoS you need and click ‘Next’.
- Fill in the employment details for the role.
- Review your application, agree to the terms, and click ‘Submit’.
- Your application will be reviewed by UKVI, usually within 1 working day.
If approved, you can then create and assign the defined CoS to your sponsored employee.
How to Create and Assign a Defined CoS
Once your defined CoS is approved, follow these steps to assign it:
- Access your SMS system and go to the ‘Granted Applications – Create and Assign Defined CoS’ page.
- Select the approved defined CoS application.
- Click ‘Create’ and enter the details of your sponsored worker.
- Click ‘Save’ and then ‘Assign’.
- Review and confirm the details.
- Pay the CoS fee.
- After payment, you will receive a CoS reference number.
How to Apply for an Undefined Certificate of Sponsorship
To apply for an undefined CoS, you need to ensure you have an approved quota from the Home Office. The number of undefined CoS you can assign depends on your initial allocation, which is typically based on the number of CoS you assigned in the past 12 months. You can increase your undefined CoS allocation if needed.
If you are unsure of your CoS allocation or need to apply for an increase, follow these steps:
- Access your SMS system and go to the ‘Licence Summary, Applications and Services’ page.
- Click ‘Request CoS/CAS Allocation Increase’ or ‘Renewal of Annual CoS Allocation’.
- Provide details for your increased CoS request and explain why you need more certificates.
- Save and Submit your request.
Please note: The service standard for requesting undefined CoS is around 18 weeks, though it may take 4-12 weeks for UKVI to review your request.
What’s the Key Difference Between Defined and Undefined CoS?
The main difference between defined and undefined CoS is who they are for and how they are applied:
- Defined CoS: Used for workers applying from outside the UK for a Skilled Worker visa. You must apply for this certificate through the SMS system and get approval from UKVI.
- Undefined CoS: Used for workers already in the UK applying for a Skilled Worker visa from inside the country. There is no limit to how many undefined CoS you can assign, but you must have the appropriate allocation and meet visa requirements.
Understanding the difference between defined and undefined Certificates of Sponsorship is essential for employers who want to hire foreign workers in the UK. If you need help with the process or have any questions about the application process, Law and Visas is here to help you navigate the requirements and stay compliant with immigration laws.
If you need assistance with your sponsorship process, feel free to get in touch with Law and Visas for expert advice and support.