What is the difference between defined and undefined CoS?

Understanding Defined and Undefined CoS (Certificate of Sponsorship)

If you’re sponsoring a skilled worker, you must understand the difference between a defined and undefined CoS and assign the correct type of CoS to each worker.

Here’re some points to note;

You cannot assign;

• An undefined CoS where you require a defined CoS.
• A defined CoS for a job if it differs from the one described in the CoS application.

Any employer doing any of the above will be committing a compliance breach and risks revocation of their sponsor licence by the Home Office. Below we define the two types of CoS and explain when and how to use them.

So what’s the difference?

1. Defined CoS – For skilled workers who apply for entry clearance from outside the United Kingdom, excluding the Intra-Company Transfer (ICT) route.
2. Undefined CoS – For skilled workers who apply for permission within the UK or workers on all other routes such as the ICT route.

Let’s look at each term in detail.

Defined CoS

You assign a defined CoS to a foreign national who will be applying to enter the UK under the Skilled Worker route. However, you must be an A-rated sponsor to apply for the defined CoS and provide specific details about the job and salary.

If you’d like to request a defined CoS, you must log into the Home Office’s Sponsorship Management System (SMS) and submit your request individually. Your certificate of sponsorship will be available in your SMS Account after you’re approved. You can then assign your employee.

Processing defined a Certificate of Sponsorship takes a day unless further information is needed concerning the role, the candidate, or the recruitment process.

In addition, the Home Office sponsor guideline, “Manual 8 of 12, ” gives a step-by-step process of creating, assigning CoS, and deleting sponsorship certificates.

You don’t need to identify a prospect to apply for a defined CoS. All you must do is confirm a genuine vacancy and salary details of the position the migrant will fulfil. It means you can’t have an annual allocation limit of defined CoS. Instead, you must apply for one using a separate process each time you need it.

However, when the worker’s gross annual salary is below the required level and the going rate, the worker may seek to trade points. But the CoS will explain how they will claim points. A worker can claim points in circumstances where they have a higher skill level, e.g. a PhD in the subject area, or the role is a shortage occupation. A successful application for a CoS also hinges on how many points the job corresponds to.

As the monthly allotment is determined, points will be assigned from highest to lowest. Around the 20th of the same month, the UKVI will publish the minimum point threshold for each month on its website.

If any certificates are available from the previous month, they can be used for the next month. The monthly minimum points have been as high as 46 points per more.

Undefined CoS

You assign an undefined certificate to a migrant worker applying for a Skilled Worker visa within the UK or if you want to bring in an Intra-Company transfer (ICT) visa assignee.

Unlike the defined CoS, you don’t need to submit individual requests. It can be issued to a worker immediately if you have a certificate available in their annual CoS allocation.

When applying for a sponsor licence, you must indicate how many undefined certificates you believe you will require in the first year.

However, you must justify your request, and the Home Office may ask for more information before deciding on your allocation. You must also ensure that workers are eligible under the visa route. The application will include evidence to support the requested amount of CoS, but there’s no cap on the number of undefined CoS.

There is also a fee associated with assigning each Confirmation of Support.

When the Home Office has decided on your CoS allocation, the certificates will be allocated to your SMS account. You’ll have 12 months to utilize them after that. We call it your CoS year (or ‘allocation year’).

You must submit an SMS request for a renewed allocation of undefined certificates before your CoS year runs out. Otherwise, your allocation will reset to zero after the 12-month period has ended. You may obtain extra certificates through SMS if you require more CoS during your business allocation year.

What is CoS Allocation Year (CoS Year)

In the previous section, we mentioned the CoS allocation. Therefore, it’s worth noting that several factors determine a sponsor’s annual CoS allocation year. CoS year runs from April 6 to the following year on April 5 if:

• On December 1, 2020, the company was granted a skilled worker or ICT routes licence.
• On November 30, 2020, the sponsor held a valid Tier 2 (General) or Tier 2 (ICT) visa.
• They automated their allocation renewal.

The Annual CoS allocation (CoS Year) begins 12 months from when the sponsor’s renewal request was granted in 2021. If renewed, it will continue for 12 months from whatever future date the sponsor’s renewal request is granted under the following conditions;

• The sponsor must have held a valid Tier 2 (General) or Tier 2 (ICT) licence on November 30, 2020;
• On December 1, 2020, the Expert Worker or Intra-Company routes certification was changed to a Skilled Worker or Intra-Company routes licence.
• The sponsor allocation renewal process has not been automated.

For all other sponsorships, the CoS allocation will last 12 months from when the sponsor licence was granted. In subsequent years, it will run for 12 months from when the renewal request is granted.

How Can IAS Help?

Our reliable, affordable UK immigration lawyers can advise you on everything you need to do to ensure a successful CoS application. The office of the Immigration Services Commissioner (IAA) governs IAS. Our solicitors are also governed by the solicitors regulation authority.

Call us on +44 (0)333 414 9244 for immediate help & assistance with your situation. We’re here to help you in person, via the phone, or online.