How to Make Changes to a Certificate of Sponsorship Once Assigned

Can You Make Changes to a Certificate of Sponsorship?

The employment details on a CoS need to match the skilled worker’s application for a Skilled Worker Visa or Specialist Worker Visa, so it is crucial to ensure it is correct.

A Defined CoS that has been assigned and submitted cannot be amended; however, if you have entered an incorrect piece of information that is considered a minor error, you can leave a comment using the Sponsorship Management System (SMS).

As the CoS is an important record it is vital to ensure you follow the correct guidance. Reach out to an immigration specialist if you have any concerns.

Amending Details on Certificate of Sponsorship

Minor errors can be amended after a CoS has been assigned; however, if any main details are incorrect, then the Sponsor Licence holder will need to cancel the certificate and assign a new one.

Minor details that can be amended on a Defined CoS include:

•  Mistyped name of the Skilled Worker Visa applicant
•  Incorrect date of birth

Main errors cannot be amended on a Defined CoS, such as the following:

• The CoS code has been entered incorrectly
• Assigning a defined CoS under the wrong tier or category
• Incorrect information has been entered for more than one of the migrant’s employment details, such as nationality, date of birth and surname

A Level 1 user can view and change details on all certificates of sponsorship assigned to sponsored workers through the SMS. Level 2 users can only view and add a sponsor note to certificates they have personally entered.

To amend details before the submission of a CoS, Sponsor Licence holders will need to follow the following steps on the SMS:

1. Log into the SMS.
2. On the Home Screen click on ‘Workers’
3. From the ‘Workers’ screen, select ‘Sponsorship Duties’
4. From ‘Sponsorship Duties’ select ‘Manage Live Certificates’
5. Input the details of the CoS you wish to add a note to and click ‘Next’
6. From the ‘Manage Live Certificate’ screen, make sure you have selected the correct certificate and click ‘Sponsor Note’ at the bottom of the page.
7. On the ‘Edit Sponsor Note’ screen, enter information in the ‘Sponsor note’ field and click ‘Save’. The Saved CoS screen should be displayed.

Do I Need to Withdraw My Certificate Of Sponsorship if I Have Made a Mistake?

A Defined CoS will need to be withdrawn if you make any of the significant errors mentioned previously. When you cancel a CoS and assign a new one, you will be required to pay the relevant fee for a new CoS, which is £525 for a CoS assigned for more than 12 months, and £55 for temporary workers.

Sponsored Employee Changed Role Within the Organisation. What Do I Do?

If a sponsored migrant worker on a Tier 2 Visa changes to a new role, the Sponsor Licence holder and sponsored employee may be required to make a change employment application.

Before making this application, Sponsor Licence holders must issue a new CoS detailing the new rol, and carry out right to work checks.

There are some circumstances in which you will not need to complete a change of employment application; such as if the sponsored worker:

• Is remaining under your employment
• Will be receiving an increased salary
• Is covered by TUPE protection or similar protection if the company is sold, and the occupation code is the same as the previous employer
• Has been employed on a graduate training programme and will be working in more than one role within the company
• Is an international sportsperson who has sponsorship from a sports club and is moving to another sports club under a loan arrangement authorised by the sport’s governing body
• Is under sponsorship from the Government Authorised Exchange route or Seasonal Worker visa route, and the change of role has been authorised by the sponsor and is otherwise authorised under immigration rules

Sponsor Licence holders will need to report these changes to the UK Visas and Immigration division of the Home Office. If you are unsure whether a change of employment is required, or how to withdraw an assigned CoS, or check CoS status, speak to an immigration lawyer on +44 (0)333 305 9375, and we will advise you on your situation.

Sponsored Employee Left the Organisation: What Now?

When a sponsored employee leaves an organisation, or no longer needs sponsoring as they have obtained Indefinite Leave to Remain Status, the CoS is cancelled.

In this case, the UK sponsor is legally required to report the termination of sponsorship to the Home Office’s UK Visas and Immigration department within 10 working days. A CoS cannot be transferred to a new job role or employer.

How Can IAS Help?

Assigning a CoS can be a complicated and time-consuming process. If you have any queries regarding your CoS, Sponsor Licence, Sponsor Licence compliance, or skilled worker visa applicants, don’t hesitate to request advice from our legal team.

Our immigration lawyers have years of experience in the field and will be able to assist you every step of the way to ensure that you are fully complying with your Sponsor Licence duties. Call us for professional assistance today on +44 (0)333 305 9375, or contact IAS online for immediate step-by-step guidance.

We have helped countless employers with overcoming hurdles when hiring overseas workers, and we are here to help you too. Our trusted in-house lawyers are on hand waiting for your call