Certificates of Sponsorship and the skilled worker visa
Assigning a certificate of sponsorship to a Skilled Worker Visa applicant is a complicated process. A mistake can prevent an employer from recruiting an overseas worker or result in far-reaching consequences, such as triggering a Home Office investigation and a compliance visit.
OTS Solicitors are specialist UK Immigration Lawyers and provide licence application support, SMS training, licence troubleshooting and Sponsor Licence Management Services.
What is a certificate of sponsorship?
A certificate of sponsorship is a reference number issued by the Home Office to a UK employer with a sponsor licence to sponsor overseas workers. The employer assigns the reference number to a prospective employee so they can apply for a Skilled Worker Visa.
Many companies complain that the certificate allocation process is unnecessarily complex. Our Sponsorship Licence Lawyers understand that employers struggle with the complexities of certificate of sponsorship allocation and therefore provide specialist guidance, bespoke training and a full Sponsor Licence Management Service.
The sponsor management system
The sponsor management system is an online management system operated by the Home Office, with the employer’s key personnel using the system to:
- Request certificates of sponsorship.
- Allocate certificates of sponsorship.
- Record events, such as a sponsored worker’s change of address.
- Report issues, such as a Skilled Worker Visa holder's unauthorised absence.
- Report organisational changes, such as new company offices.
Unless key personnel receive regular training on certificate of sponsorship allocation, changes to the Skilled Worker Visa immigration rules, and updates to the guidance on licence holders' reporting and recording duties, it is relatively easy to make an error when using the sponsor management system.
Robust internal processes and policies, combined with audit checks by Sponsorship Licence Lawyers, can help prevent mistakes in the use of the sponsor management system and reduce the risk of a Home Office compliance visit. Our UK Immigration Solicitors can help your company review its internal policies, procedures and processes to reduce the risk of mistakes with certificate of sponsorship allocation or licence issues.
The certificate of sponsorship is the gateway to the Skilled Worker Visa
A certificate of sponsorship is a gateway to the Skilled Worker Visa, with the process involving:
- Sponsor licence application.
- Certificate of sponsorship request for a defined certificate, or if additional undefined certificates are required.
- Certificate of sponsorship assignment to the recruit.
- Skilled Worker Visa application.
Each stage is crucial because:
- A UK employer cannot employ a Skilled Worker Visa holder unless the company has a sponsor licence.
- If an employer uses the wrong type of certificate of sponsorship, the company will be in breach of the rules. This could result in a compliance investigation and audit.
- An overseas recruit cannot apply for a Skilled Worker Visa without a certificate of sponsorship.
- If a recruit does not have the right to work in the UK, the employer and the employee will be in breach of illegal working legislation.
Certificates of sponsorship and Skilled Worker Visas
A certificate of sponsorship is required if an employer is recruiting:
- A recruit who lives overseas and who requires a Skilled Worker Visa for UK entry clearance.
- A recruit who needs sponsorship as they are in the UK on a Skilled Worker Visa and want to change employers.
- A recruit who is subject to UK immigration control and wants to switch to a Skilled Worker Visa.
Although the certificate is a reference number rather than a document, it provides access to information about the job and the visa applicant. The information must be correct to avoid an employer breaching their sponsor licence duties. It is also critical that the information about the sponsored job (job title, salary, and start date) meets the eligibility criteria for the Skilled Worker Visa, as otherwise the recruit's Skilled Worker Visa application will be refused.
One-use certificates of sponsorship
If a Work Visa applicant has their visa application refused, the recruit cannot use the original certificate of sponsorship to reapply for a Skilled Worker Visa. A Work Visa Solicitor can help ensure that the candidate makes a successful first visa application or advise on whether an administrative review is the best option rather than a second Work Visa application.
If a prospective employee decides not to apply for a visa because they change their mind about the job, the certificate cannot be assigned to another job applicant.
Timelines for the use of certificates of sponsorship
There are two deadlines that employers and Skilled Worker Visa applicants need to be aware of:
- The Skilled Worker Visa applicant must use the certificate of sponsorship within three months of the issue date.
- A Skilled Worker Visa applicant cannot apply for a Work Visa more than three months before the employment start date in the certificate of sponsorship.
It is therefore crucial that line managers, HR staff, key personnel, and the recruit all understand the importance of the certificate's start date.
The two types of certificates of sponsorship
There are two types of certificates of sponsorship:
- Defined.
- Undefined.
It is important to choose between a defined and an undefined certificate of sponsorship correctly, as making the wrong decision will delay the recruitment process.
The defined certificate of sponsorship
A defined certificate of sponsorship is appropriate when a successful job applicant applies for a Skilled Worker Visa from overseas.
To secure a defined certificate of sponsorship, an employer applies for the certificate using the online sponsor management system. Key personnel must provide the prescribed information about the job to enable Home Office officials to assess whether the job title, role and salary meet the requirements for a Skilled Worker Visa.
If the certificate application is approved, a reference number will be allocated to the employer, who then assigns it to the recruit so they can apply for their Work Visa. The visa application cannot be made until the reference number is available, even if the recruit needs to start their job in a short timeframe. If timing is critical, it is best to double-check all information provided by key personnel in the defined certificate of sponsorship request to avoid the Home Office having to request additional information and delaying the allocation process.
The undefined certificate of sponsorship
An undefined certificate of sponsorship is required where:
- A sponsored employee is applying to extend their Skilled Worker Visa.
- A Skilled Worker Visa holder wants to change employers and requires new sponsorship.
- A person who is subject to UK immigration control and living in the UK wants to switch visa route and apply for a Skilled Worker Visa.
Undefined certificates of sponsorship are allocated annually to sponsor licence holders; therefore, an employer will not need to request a certificate from the Home Office if they received sufficient undefined certificates. If an employer did not request sufficient undefined certificates, they can request additional certificates by submitting a request through the sponsor management system.
Certificate of sponsorship errors
It is relatively easy to make an error when requesting or allocating a certificate of sponsorship, especially if an employer and their HR team do not frequently employ overseas workers or if there has been a change in immigration rules or key personnel.
Here are some common certificates of sponsorship errors our UK Immigration Solicitors help resolve:
- The use of the incorrect type of certificate of sponsorship.
- The use of the wrong standard occupational classification code.
- Inaccurate information on the certificate of sponsorship, such as the job title.
- The quoted salary on the certificate of sponsorship does not meet the current minimum salary threshold for the Skilled Worker Visa.
Talk to the Sponsorship Licence Lawyers at OTS Solicitors
Requests for certificates of sponsorship and their allocation to recruits are not mundane administrative tasks, as many aspects of the process can go wrong. If the Home Office believes that an error in a standard occupational classification code, job description, or salary is more significant than a simple error, it can trigger an investigation, audit, and, in the worst-case scenario, the suspension or revocation of a sponsor licence. Even if an error does not result in a Home Office compliance visit, it can still cause additional costs and delays in recruiting skilled employees.
At OTS Solicitors, our Sponsorship Licence Lawyers provide a comprehensive range of sponsor licence services, including:
- Guidance on certificate of sponsorship type.
- Assistance with identifying the correct minimum salary threshold for a job role and employee.
- Advice on job descriptions and standard occupational classification codes.
- Guidance on how to resolve certificate of sponsorship mistakes.
- Assistance with drawing up and reviewing internal company policies and procedures that complement the requirements of the sponsor management system and sponsor licence reporting and recording duties, and minimise the risk of non-compliance.
- Carrying out annual reviews and internal audits to identify potential problem areas.
- Bespoke training on reporting and recording duties and changes to the immigration rules and guidance.
- Provision of a full Sponsor Licence Management Service or support on an as-needed basis.
Our Business Immigration Solicitors are happy to discuss how our range of sponsor licence support services can help your company.
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