Overview 

Having a valid certificate of sponsorship is one of the eligibility for a General Work Visa (Tier 2). A General Work Visa (Tier 2) is the personal immigration route for skilled workers from outside the European Economic Area to work for a Home Office approved employer. The Cos or Certificate of Sponsorship is a self-certifying document that a Tier 2 Sponsor license holder or Sponsored employer issues to a Tier 2 visa applicant in order to onboard them into the organisation. 

This document is confirmed by the Home Office to Sponsor license holder that the position meets all the relevant requirements under the Visa guidance or classification.  Therefore, assigning the CoS entails strict conditions and timings which employers must comply with. 

Definition of A Valid Certificate Of Sponsorship 

A valid Certificate of Sponsorship must include the same details as in the passport. It must be assigned no more than 3 months before the date of application. By no means, the Certificate of Sponsorship must be withdrawn or cancelled by the sponsor licence holder. The sponsor must pay attention to any kind of applicable Immigration Skill Charges. 

Through a valid certificate of sponsorship, the employer confirms the job that meets the condition of the Resident Labour Market Test. The main objective of Resident Labour Market Test is to safeguard the opportunities for settled workers by requiring employers to advertise jobs in the UK in two advertising portals and allow settled workers to apply first. 

When Needed? 

As soon as an applicant applies for a Tier 2 (General) Visa, he or she must be hired by a licensed sponsor. The sponsor validates if tier 2 general visa applicant satisfies the skill threshold. They will assign the Certificate of Sponsorship which will add to the Tier 2 (General) visa application process. The applicant must use the Certificate of Sponsorship reference number only once. 

Types Of Certificate Of Sponsorship: Restricted And Unrestricted

There are two types of Certificate of Sponsorship which include restricted and unrestricted.

Restricted Certificate of Sponsorship 

Restricted Certificate of Sponsorship is specifically for prospective employees who are intending to work in the UK in a role paying less than £159,600 unless the job is around an inward investment post. Please note that those employees who are already based in the UK and are eligible to change their status to a Tier 2 Visa does not fall under the category of Tier 2 Visa. 

Another exception is for partners of Tier 4 visa holders who wish to switch to a Tier 2 Visa does not need a Restricted Certificate of Sponsorship. 

Unrestricted Certificate of Sponsorship 

Following are a few circumstances under which an unrestricted CoS is assigned to employees if:

• their annual income exceeds £159,600
• they are already in the UK under sponsored Tier 2 (General) and are intending to extend their leave to remain either by changing job role or employer. 
• they are eligible to switch into a Tier 2 General Visa within the UK. 
• they are being sponsored for a Ph.D. level role.

How does an immigration firm help with a Certificate of Sponsorship? 

An immigration expert provides advice and assistance in relation to restricted and unrestricted CoS application and other areas of sponsorship and compliance. If you are looking to sponsor Non-EEA individuals or have questions regarding the area of sponsorship, look no further than A Y & J Solicitors.

The company is a boutique UK Immigration firm with a decade of experience recommended by Legal 500. We are a one-stop destination for all immigration matters. Our experienced and competent immigration solicitors keep a close eye on the ever-changing immigration rules and policies.