Expanding Businesses in the UK Market: When You Need the Certificate of Sponsorship?

If you intend to relocate your business to the UK, you will have significant access to the UK’s global market and talent. In all of these, the UK government welcomes entrepreneurs, investors, and founders willing to contribute meaningfully to the country's economy. This is why they designed various visa routes to suit businesses and individuals. These visas include the Skilled Worker visa, Innovator Founder visa, and Expansion Worker route (part of the Global Mobility Business routes).

If you need foreign workers to join your business’s workforce after relocating to the UK, you must assign them a UK certificate of sponsorship. To submit complete documentation, you may need the full list of documents required for Certificate of Sponsorship UK. This will save you time and unnecessary back-and-forth during your application. If you are unfamiliar with the UK system, obtaining a Certificate of Sponsorship (CoS) may seem complex. This article explains the CoS, who needs it, including when employers need to assign it, and other relevant details.

Certificate of Sponsorship Explained

A Certificate of Sponsorship (CoS) is an electronic record, and not a physical document. It proves that as a UK employer, you have offered a genuine job to an overseas worker and that the role you offer meets specific skill and salary thresholds.

The CoS specifies a unique reference number, which your prospective worker must use to apply for their UK work visa. Workers who already hold Indefinite Leave to Remain (ILR), British citizenship, or a valid family visa with full work rights in the UK do not need a Certificate of Sponsorship (CoS). There are two types of CoS, namely, Defined and Undefined CoS.

• Defined CoS is for workers based outside the United Kingdom.
• Undefined CoS is for workers already in the UK looking to switch or extend their visas.

To assign a CoS, you must have obtained a UK sponsor licence from the Home Office. While obtaining both a sponsor licence and a CoS can be rigorous, time-consuming, and technical, it can be straightforward with professional immigration advice.

Who Needs a Certificate of Sponsorship UK?

As a business owner, you should assign the Certificate of Sponsorship (CoS) to individuals applying for the following UK visas:

• Graduate Trainee visa.
• Skilled Worker visa.
• Temporary Work visas (including Creative Work visa, Seasonal Worker visa, Religious Worker visa, Youth Mobility Scheme visa, Charity Worker visa, and International Sportsperson visa).
• Senior or Specialist Worker visa.
• UK Expansion Worker visa.

When Do You Need a Certificate of Sponsorship UK?

You need to assign your prospective or current workers a Certificate of Sponsorship (CoS) in the following situations:

Hiring for a Skilled Worker Visa Job

Any foreign national who does not hold a visa allowing them to work for you will require sponsorship. Individuals who can be in this category are your technical staff joining from offices abroad. Or your senior managers relocating to your new UK branch.

Extending or Changing the Sponsored Worker's Role

You must assign a CoS when your existing sponsored employee changes roles within your company. For instance, this could be a promotion to a higher-skilled position. Or your employee needs to extend their stay beyond the current expiry of their visa. This also applies if their salary falls below the specified threshold for their original sponsorship.

Switching an Existing Worker to a Work Visa

You must assign your workers a new CoS to cover their new job status. This is usually the case if you have an intern or contractor working for you on a Student or temporary visa, and you wish to recruit them permanently as full-time employees.

Hiring from Overseas for a Senior or Specialist Role

You should assign a CoS to any foreign national who does not have a visa that legally allows them to work for your business. This includes your specialised technical staff joining from an international office, or your senior manager relocating to your new branch in the UK.

UK CoS Requirements for Employers

To recruit overseas workers, employers must obtain a UK sponsor licence and meet various requirements of the Certificate of Sponsorship for businesses, including:

Evidence of Genuine Employment

As an employer, you must demonstrate that the job you're offering is real and necessary for your business. As such, you must provide a valid job description, roles, and prove that the role complies with the UK immigration rules.

Salary Threshold Compliance

You must pay your sponsored workers the agreed salary specified in the Certificate of Sponsorship UK. The salary you pay should meet minimum thresholds for those roles or the going rate. You must also properly record your payments and always maintain detailed financial records to demonstrate compliance during Home Office inspections.

Right-to-work Checks

You should confirm that all your employees have legal permission to work and earn in the UK. You must check official documents even before employment begins and keep records as proof of compliance.

UK Visa Sponsorship Certificate Rules

You must comply with the rules of Certificate of Sponsorship (CoS), including:

• Employees must apply for a work visa within 3 months of obtaining the CoS.
• Employees can apply for their visa 3 months before their job start date specified on the CoS.
• The CoS must specify your worker's personal details, job title, work location, salary, and hours, and must align with UK immigration rules.
• You have 10 days to report changes in employment through the Sponsor Management System (SMS). These include when a sponsored worker doesn't come to work, leaves early, or changes roles.

Conclusion

It can be fulfilling to expand your business into the United Kingdom. However, hiring foreign workers requires careful planning and compliance with the UK immigration rules. The Certificate of Sponsorship (CoS) plays a crucial role in the hiring process. As an employer, you must first obtain a sponsor licence to assign your prospective workers a CoS, which they can use to apply for a work visa. 

These processes may be overwhelming, but support from an immigration solicitor can make it simple. As such, it is advisable to seek personalised support from an immigration lawyer to ensure you expand your business in the UK in compliance with the country's immigration rules.