Understanding the certificate of sponsorship

A certificate of sponsorship is an electronic document. It has:

  • A unique reference number
  • Information about a worker
  • Information about the job offer

This digital certificate (reference number) is then given to the worker to use in their visa application.

There are two types of certificates of sponsorship you can give to skilled workers:

  • Defined
  • Undefined

It’s important that you give the right certificate to your workers. If you give the wrong certificate, you might have problems. For example, giving an undefined certificate where a defined one is needed could mean losing your sponsorship licence.

Defined certificate of sponsorship

A defined certificate is for workers applying for a visa from outside the UK.

You can apply for a defined certificate of sponsorship through the sponsorship management system (SMS) (gov.uk)

An application for a defined certificate of sponsorship must be approved by UKVI before you can give it to someone.

Undefined certificate of sponsorship

An undefined certificate is for people applying for a visa from inside the UK.

You’ll need to estimate how many undefined certificates you need in the first year and request these with your sponsor licence application. For example if you want to sponsor two skilled workers, you should request two undefined certificates.

When your licence is granted, you are allocated a set number of certificates. They are available for you to assign to your workers in that year. 

Certificate of sponsorship allocation renewals 

The allocated number of certificates automatically resets each year. Sometimes you may receive less. Use the sponsor management system to check your remaining allocation and renewal date.

You may anticipate needing more certificates than your annual allocation. If so, request these ahead of time. You can apply up to three months before the allocation expires. You should explain how many certificates you need and why.

Unused certificates cannot be carried over into the next allocation year. If you run out of certificates and need more, you will need to make an in-year request for more certificates. Requesting an additional certificate takes much longer than applying in advance.

For step-by-step instructions, see the Home Office guidance on managing your sponsorship licence (gov.uk).

Additional evidence requests

You may be asked for more information before being granted additional undefined certificates or a defined certificate. You could be asked to explain the role, the need for the worker, your recruitment plans or why you need more certificates.

Make sure your response is accurate and consistent with your sponsorship request. Keep copies of your request, evidence and correspondence. If you are unsure how to respond, seek immigration advice first.

Delays and priority requests

You should allow enough time for your certificate request to be processed before a worker needs to make a visa application. Defined certificate applications are usually decided within one working day. Additional undefined certificate requests usually take up to 12 weeks. These processing times are not guaranteed and it can take longer.

If you need a quicker decision for an undefined certificate, you may be able to use the priority change of circumstances service. This is a paid service, but it does not provide guaranteed timelines. 

If a delay could affect an employee’s immigration status or their ability to continue working, seek immigration advice as soon as possible.

Giving a certificate of sponsorship

Getting an A-rated Home Office sponsor licence means you can give certificates to a worker.

Sponsors are usually granted an A-rating when obtaining the sponsor licence. Sometimes this may be downgraded to a ‘B-rating’. This can be due to compliance issues.

B-rated sponsors cannot give certificates. That is unless a worker is applying for a visa from inside the UK and you sponsored their last immigration status.

You can apply for both types of certificates on your Sponsorship Management System (SMS) account.

You can only give a defined certificate to a worker for the job you have a need for, which you have outlined on the certificate. You cannot give it for any other job.

If you need an undefined certificate, you can use your yearly allowance.

If you’ve used all your certificates, you’ll need to:

  • Apply for more
  • Explain to the Home Office why your business needs more certificates

A certificate is valid if it meets the requirements in Appendix Skilled Worker (gov.uk)

Understanding the fees

There’s a fee for each certificate of sponsorship you give to a worker. The amount depends on the type of worker you sponsor. Check the current fees (gov.uk)

You may need to pay an Immigration Skills Charge for each worker you sponsor. That is unless there is no charge for a specific job code. The fee depends on:

  • The size and type of your organisation
  • The length of employment

For small or charitable organisations, there’s a fee of £480 for a job of up to 12 months. There’s a fee of £240 for each six-month period after that.

In medium and large organisations, there’s a fee of £1320 for up to 12 months. There’s a fee of £660 for each six-month period after that.

You must follow your sponsor duties.

This means:

  • Keeping correct human resources records
  • Reporting any changes
  • Checking the welfare of your workers

Read about sponsorship duties.

Making the most of your certificate of sponsorship

Once you have given a certificate of sponsorship, a worker must use it within three months to apply for a UK work visa. After three months, a certificate of sponsorship will expire and you will need to apply for a new one and pay extra fees.

There is also a second time-limit to keep in mind. A worker cannot apply for a visa more than three months before the start date on their certificate. If they do, the Home Office will refuse their application. It is important to plan around both time-limits.

The certificate must show the right job offer, the salary, start-date and details of the work.

Managing a worker’s visa expiry 

Your worker’s visa might be due to expire while you are waiting for a certificate or an allocation decision. A pending certificate request does not extend the worker’s permission to work. A certificate is not a visa application. The worker will need to make a valid immigration application before their existing permission expires.

You will need to consider the timing of the visa application and if the worker can continue working. Check your sponsorship duties and employers’ right to work checks.

Book a free advice appointment

If you need immigration advice to employ international workers or set up your business in Scotland, book a free appointment with an immigration lawyer at Seraphus.

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