UK Budget October 2026: Key Immigration Changes for Employers, Sponsors and International Graduates

In Brief

If your business has exhausted its Undefined Certificate of Sponsorship (CoS) allocation, you may be able to request additional Undefined CoS through an in-year allocation request rather than waiting for the next allocation year. Our business immigration solicitors advise employers on these requests, supporting evidence and the Home Office priority service.

Where a candidate is waiting to start work, or an existing sponsored worker needs an extension, timing can be critical. The request needs to explain why the additional allocation is genuinely required and should be supported by evidence that is consistent with the employer's recruitment plans and sponsor licence position.

Have you used up your annual Certificate of Sponsorship allocation? OTS Solicitors assists UK employers with applications for additional Undefined Certificates of Sponsorship, including urgent requests through the Home Office priority service.

Have you run out of Certificates of Sponsorship?

For businesses holding a UK Sponsor Licence, having the ability to sponsor overseas workers is an important part of recruitment and workforce planning.

However, what happens when your business has used all its allocated Certificates of Sponsorship (CoS) but needs to recruit another overseas employee?

Perhaps you have identified an excellent candidate, agreed a job offer or needed to retain an existing employee whose immigration permission is approaching expiry. You may have originally requested a particular number of Certificates of Sponsorship when applying for your sponsor licence but now find that your recruitment requirements have increased.

The good news is that you do not necessarily have to wait until your next annual allocation.

UK employers holding a valid sponsor licence can request additional Undefined Certificates of Sponsorship during their allocation year. This is known as an in-year allocation request.

At OTS Solicitors, we assist employers with preparing and submitting applications for additional Certificates of Sponsorship, helping them understand the Home Office requirements, establish the justification for the additional allocation and consider whether an expedited priority service is available.

We appreciate that these requests can be time-sensitive. Our approach is to understand the employer's recruitment requirements, identify the information and evidence needed and assist with presenting a properly prepared request to UK Visas and Immigration (UKVI).

What is an in-year allocation of Certificates of Sponsorship?

When a business obtains a sponsor licence, the Home Office will generally determine how many Undefined Certificates of Sponsorship the organisation can assign during its allocation year.

The allocation is based on the information provided by the employer and the Home Office's assessment of its anticipated recruitment requirements.

However, business requirements can change.

An employer may initially anticipate recruiting two overseas employees but subsequently need to recruit five. Alternatively, an organisation may have experienced unexpected growth, secured new contracts or identified additional specialist recruitment needs.

In these circumstances, the employer can request an increase in its existing allocation.

An in-year allocation request is an application to UKVI for additional Undefined Certificates of Sponsorship to be added to the organisation's existing sponsor licence allocation.

The request must be made through the Sponsor Management System (SMS) and must explain why the additional certificates are needed.

The Home Office will consider the request and may seek further information or supporting evidence before reaching a decision.

Importantly, submitting a request does not automatically mean that the additional allocation will be granted. The employer must provide a genuine and sufficiently explained business justification.

When might your business need an additional CoS allocation?

There are several situations in which an employer may need to request an in-year allocation.

1. Your business has recruited more employees than anticipated

Your organisation may have expanded more quickly than originally expected when the sponsor licence was granted.

For example, you may have secured additional contracts, opened a new department or experienced an increase in demand for your services.

If you need to recruit additional overseas workers and have exhausted your existing allocation, an in-year request may be appropriate.

2. You have identified a suitable overseas candidate

Your business may have interviewed and selected an overseas candidate who has the qualifications and experience required for the position.

You may have made an employment offer and agreed a proposed start date, only to discover that there are insufficient Certificates of Sponsorship remaining in your allocation.

An additional allocation may be necessary before you can proceed with assigning an Undefined CoS, provided the candidate and role satisfy the applicable immigration requirements.

3. You need to retain an existing sponsored employee

An employer may need an additional Undefined CoS to sponsor an existing employee who is applying to extend their permission to stay in the UK.

For example, an employee may have reached the point where their existing Skilled Worker permission needs to be extended, and the employer has no remaining Undefined CoS allocation.

An in-year request may provide a route to obtaining the additional certificate required.

4. Your original allocation was insufficient

Some businesses initially request a relatively small number of Certificates of Sponsorship because they are uncertain about their future recruitment requirements.

As the business develops, it may become clear that a larger allocation is needed.

An in-year allocation request allows employers to explain their revised recruitment requirements rather than necessarily waiting until their next allocation year.

How long does an in-year CoS allocation request take?

Timing is often the most important consideration for employers seeking additional Certificates of Sponsorship.

There are two principal routes to consider: the standard Home Office process and the priority change of circumstances service.

Standard processing times

According to the current Home Office guidance, requests for additional Undefined Certificates of Sponsorship will usually receive a decision within 18 weeks.

However, this is not a guaranteed deadline.

The Home Office may take longer if it needs to conduct additional checks, review the organisation's circumstances or request further information.

For businesses with an immediate recruitment requirement, a standard processing period of up to 18 weeks can create difficulties, particularly where an overseas candidate is waiting to proceed with their immigration application.

Employers should therefore consider making an additional allocation request as early as possible.

Can an in-year allocation request be expedited?

Yes. The Home Office operates a paid priority change of circumstances service for eligible sponsors.

This service allows certain sponsor licence requests, including applications for additional Undefined Certificates of Sponsorship, to receive expedited consideration.

The current priority service provides for an eligible and successfully paid request to be considered within five working days.

The five-working-day period begins on the working day following payment.

For example, if payment is made on a Monday, the five-working-day consideration period begins on Tuesday.

The priority service fee is currently £350 per request.

However, it is important to understand that the priority service does not guarantee that the additional Certificates of Sponsorship will be approved. It provides faster consideration of the request, not an automatic entitlement to additional certificates.

The Home Office may also need longer where a request is complex or further checks are necessary.

If timing is critical, speak to OTS Solicitors before submitting the request. We can advise on the information and evidence required and whether the Home Office priority service is available in your circumstances.

What information is required for an in-year CoS allocation request?

One of the most important aspects of an additional allocation application is explaining why the business needs more Certificates of Sponsorship.

The Home Office will want to understand the organisation's circumstances and why its existing allocation is insufficient.

Simply stating that the business requires more certificates may not be enough.

At OTS Solicitors, we help employers identify the relevant information and prepare a clear explanation of their additional recruitment requirements.

The information will generally include the following.

1. Business information

We will need to understand the organisation's activities and current position, including:

• Full registered business name.
• Company registration number, where applicable.
• Sponsor Licence Number.
• Business address.
• Nature of the business and its principal activities.
• Current number of employees.
• Current staffing and organisational structure.

2. Details of the existing allocation

It is important to understand how the organisation's existing allocation has been used.

We may need to establish:

• The original annual CoS allocation.
• How many certificates have already been assigned.
• How many remain available.
• Whether any certificates have been cancelled or withdrawn.
• Why the original allocation is no longer sufficient.

This information helps explain the position to the Home Office and provides context for the additional request.

3. The number of additional Certificates of Sponsorship required

The employer should clearly identify how many additional Undefined CoS it wishes to obtain.

For example, the business may have an existing allocation of three certificates but now require an additional four.

The request should explain why that number is needed and how it relates to the organisation's actual recruitment requirements.

4. Details of the proposed recruitment

Where the employer has identified specific positions or candidates, relevant information may include:

• Job title.
• Job description and responsibilities.
• Relevant SOC occupation code.
• Proposed salary.
• Working hours.
• Proposed employment start date.
• Whether the candidate is already in the UK or applying from overseas.
• Whether the proposed sponsorship relates to a new employee or an existing employee requiring an extension.

It is important to remember that an in-year allocation request does not itself authorise sponsorship of an otherwise ineligible role.

The employer must still satisfy the applicable immigration requirements when assigning the Certificate of Sponsorship.

5. Reasons for the additional allocation

This is particularly important.

The employer should explain the business reasons for requiring additional certificates.

For example:

• Expansion of business operations.
• New contracts or increased workload.
• Additional recruitment requirements.
• Creation of new departments or specialist positions.
• Replacement of employees who have left.
• Retention of existing sponsored employees.
• Changes to the original recruitment forecast.

The explanation should be genuine, specific and consistent with the organisation's actual circumstances.

What supporting documents might be required?

The precise supporting evidence will depend on the circumstances of the business and the nature of the additional allocation request.

The Home Office may ask for documents demonstrating that the additional recruitment is genuine and that the requested number of certificates is justified.

Depending on the circumstances, useful supporting evidence may include:

Corporate and business documents

• Companies House information.
• Business registration details.
• Evidence of current trading activities.
• Financial information or recent business accounts, where relevant.

Recruitment and workforce documents

• Recruitment plans.
• Details of current employees.
• Proposed organisational structure.
• Evidence of additional staffing requirements.
• Employment offers or draft employment contracts, where available.

Commercial evidence

• New client contracts.
• Evidence of new projects.
• Purchase orders or business agreements.
• Evidence of increased workload or expansion.
• Documents demonstrating the need for additional specialist personnel.

Employment information

• Proposed job descriptions.
• Salary details.
• Working hours.
• Relevant SOC occupation codes.
• Information about existing sponsored employees requiring extensions.

Not every document will be necessary in every case. The evidence should be selected to support the particular reasons for the request rather than submitting large quantities of unrelated material.

The Home Office may also request further information after the application has been submitted.

How OTS Solicitors assists with additional CoS allocation applications

At OTS Solicitors, we understand that an additional allocation request can be particularly important where a business has already identified a candidate or needs to retain an existing employee.

We therefore approach these applications with an emphasis on preparation, clarity and timing.

Our assistance can include the following.

Understanding your immediate recruitment requirements

We begin by discussing why your business needs additional Certificates of Sponsorship.

We establish whether the request relates to new recruitment, an existing employee's extension or an increase in the organisation's workforce requirements.

We also consider the number of additional certificates required and whether the proposed positions appear to satisfy the relevant sponsorship requirements.

Reviewing your existing sponsor licence position

We consider the organisation's existing sponsor licence and allocation.

This includes reviewing the available allocation, the number of certificates already assigned and any relevant issues that could affect the request.

We also consider whether the business meets the eligibility requirements for the Home Office priority service.

Advising on the information and evidence required

We provide guidance on the information needed to support the application.

Rather than leaving the employer to determine independently which documents may be relevant, we help identify evidence that explains the business need for additional certificates.

We aim to ensure that the request is properly reasoned and supported by appropriate information.

Preparing the application and supporting explanation

We assist with preparing the application and the accompanying explanation of why the additional allocation is required.

Where appropriate, we help employers present their recruitment plans, business circumstances and proposed staffing requirements in a clear and structured manner.

Assisting with the priority service

Where the employer is eligible and wishes to seek expedited consideration, we can assist with the priority service process.

This includes advising on the eligibility requirements, the SMS submission, the priority request documentation and the relevant payment procedure.

We understand that timing is often critical and that errors in the priority process can result in unnecessary delays.

Advising on Home Office enquiries

If UKVI requests further information or clarification, we can assist with considering the request and preparing an appropriate response.

Our objective is to help the employer address the issues raised and progress the application as efficiently as possible.

Why early legal advice matters

Businesses sometimes contact solicitors only after discovering that they have run out of Certificates of Sponsorship and that an employee's immigration permission is approaching expiry.

By that stage, time may already be limited.

A standard additional allocation request can take up to 12 weeks, while even the priority service is subject to eligibility, daily capacity and Home Office consideration.

We therefore encourage employers to monitor their available allocation and anticipate future recruitment requirements.

If you expect to need additional certificates, obtaining advice early can help you prepare the necessary information and avoid unnecessary last-minute difficulties.

It is also important to distinguish between an in-year allocation request and a Defined CoS application.

An additional Undefined CoS allocation is generally relevant to Skilled Workers applying from within the UK and workers under other applicable sponsored routes. Skilled Workers applying for entry clearance from overseas require a Defined CoS, which is requested separately.

Understanding which certificate is required is essential before proceeding.

Need additional Certificates of Sponsorship? Contact OTS Solicitors

If your business has exhausted its annual allocation or expects to require additional Certificates of Sponsorship, OTS Solicitors can assist.

We advise employers on in-year allocation requests, supporting evidence and the Home Office priority service, helping businesses understand the available options and prepare their applications.

Whether you need one additional certificate or a larger allocation to support your recruitment plans, we can discuss your circumstances and advise on the appropriate next steps.

If you have an urgent recruitment requirement, do not leave your additional CoS allocation request until the last minute.

Contact OTS Solicitors to discuss your requirements and arrange a consultation with our business immigration team. Call 0203 959 9123 or contact OTS Solicitors online.