Sponsoring a migrant under Tier 2: assigning a restricted / unrestricted certificate or correcting an assigned certificate.
To enter or remain in the UK as a Tier 2 General or Intra Company Transfer (ICT) Visa a migrant must have been issued with a valid Certificate of Sponsorship (CoS) from a Tier 2 Licensed Employer/Sponsor.
A Certificate of Sponsorship (CoS) is a database record in the UKVI’s Sponsor Management System.
The Certificate of Sponsorship (CoS) is the points based system’s replacement of the work permit scheme, which existed under the previous employment immigration route.
A Sponsor will have to satisfy themselves that all mandatory Tier 2 employment requirements have been met, such as, for instance, the resident labour market test was carried out in line with the UKVI’s guidance, before assigning a live CoS to a migrant worker.
A CoS takes the form of a 10 digit Certificate of Sponsorship reference number, which the migrant worker will need to apply for a visa or a leave extension. Although not strictly compulsory, Entry Clearance and Immigration Officers tend to insist on being provided with a hard copy of the long version of the certificate’s contents rather than relying on the CoS number.
What is a Certificate of Sponsorship?
A Certificate of Sponsorship is a virtual document, which confirms that a UKVI licenced employer is sponsoring a foreign migrant to come or remain in the UK to work.
It is pivotal that the CoS is issued correctly if the migrant worker is be granted a visa or an extension of their leave.
Errors on the CoS may result in the visa or leave extension application being refused.
Mistakes may also be picked up during a UKVI compliance audit, which could have negative and very costly repercussions.
Sponsors found non-compliant may be fined and have their licence downgraded or even revoked.
There are two types of CoS:
▪ Restricted, AND
As a general rule restricted CoS are used for most out of country visa applications.
Unrestricted CoS’s on the other hand are used in support of in country leave extensions, which are not subject to the immigration cap.
What are Restricted Certificates of Sponsorship?
Restricted Certificates are subject to the immigration cap.
They are granted by the UKVI on a case by case basis.
To obtain a restricted CoS a Sponsor must submit an application to the UKVI by the 5th of the month. If granted the Sponsor will be able to assign the CoS to their selected migrant worker.
The award of restricted certificates is ruled by a points based system.
▪ Priority is given to the roles listed on the Shortage Occupation List, THEN
▪ Roles which require a PhD and is in the research field, THEN
▪ Roles with higher level salary for which the Resident Labour Market has been tested (i.e. the role has been advertised in line with the relevant code of practice).
What are Un-restricted Certificates of Sponsorship?
Tier 2 Sponsors are granted an allocation of unrestricted Certificates of Sponsorship on a yearly basis. The allocation is based on their usage of the scheme in the previous year and their forecast for the year ahead.
Unrestricted Certificates of Sponsorship can be assigned to:
▪ Intra Company Transfers (where an Tier 2 ICT license is held)
▪ Existing migrants who are extending their employment with the same employer within the UK under Tier 2 General or ICT;
▪ New employees (Tier 2 or Work Permit Holders) who are moving to a new employer within the UK under Tier 2 General;
▪ Those seeking admission into the UK to fill a vacancy attracting a salary of £153,500 or more as a Tier 2 General
▪ Tier 4 graduates who are switching into Tier 2 General within the UK;
▪ Tier 2 Sports People; and
▪ Tier 2 Ministers of Religion.
How to make changes to a certificate of sponsorship once assigned?
Sponsors must make sure that the migrant worker’s details are correct when they create and assign a CoS.
Sponsors can use the ‘sponsor note’ field on the SMS to amend minor errors identified after the certificate of sponsorship has been assigned.
Examples of acceptable amendments are corrections to a mistyped name or date of birth.
If the main details are incorrect, the Sponsor must cancel the certificate and assign a new one so that to ensure that the information are the same as the one in the migrant worker’s application.
According the the UKVI’s guidance, new certificate must be assigned when for example:
▪ the SOC code or tier/category is incorrect; or
▪ more than one of the migrant’s identifiable details need to be changed – such as a full change to the date of birth and nationality, or to the surname and date of birth.
The sponsor note field can only be used to notify changes on a live certificate of sponsorship. Certificates that have expired or been cancelled cannot be amended.
For further information please contact us.