Undefined CoS Applications: A Guide for UK Employers

What is an Undefined Certificate of Sponsorship?

An Undefined Certificate of Sponsorship is used for Skilled Worker visa applications made from within the UK, including eligible applicants switching into the Skilled Worker route or extending their existing sponsorship.

This differs from a Defined CoS, which is required for Skilled Worker applications made from outside the UK.

Under the Home Office's sponsor guidance (Part 2), employers are allocated a number of Undefined CoS through their sponsor licence. Where additional certificates are required, they can submit an allocation request through the Sponsorship Management System (SMS).

The initial request is subject to a character limit, with no facility to upload supporting documents directly. It is therefore important to prioritise essential information while ensuring that further evidence is available if requested by UKVI.

What information should employers include in an Undefined CoS request?

Based on Home Office sponsor guidance and UKVI practice, employers should aim to provide the following information, where relevant:

• Type and number of certificates requested: Confirm that the request relates to Undefined CoS and explain how many certificates are required.
• Existing or new sponsored worker: Clarify whether the request concerns an existing sponsored worker requiring a visa extension or a new candidate. Where the former applies, this should be highlighted as it may support the justification for the request.
• Candidate's personal details: Provide their name, date of birth, nationality and passport number, as appropriate.
• Current immigration status: Specify the type of UK visa or immigration status the candidate currently holds, as applicable.
• Occupation code: Identify the proposed four-digit occupation code.
• Salary and working hours: Provide the proposed salary and weekly hours, ensuring these meet the applicable sponsorship requirements.
• Relevant immigration history: Highlight any immigration history which may affect the salary threshold or applicable transitional provisions.
• Job description: Explain the duties and responsibilities of the proposed role.
• Skills and qualifications: Identify the skills, qualifications or experience required and explain how the candidate meets those requirements, where identified.
• Business model: Explain the nature of the business and why the proposed role is required within its operations.

Given the limited space available in the SMS, employers should ensure that the information provided is clear, accurate and directly relevant to the request. 

What additional evidence might UKVI request?

Depending on factors such as the sponsor's operating sector, business activities, compliance history and previous CoS allocations and usage, UKVI may approve the request or ask for further information.

Where additional evidence is requested, sponsors should be prepared to demonstrate both the genuine need for the proposed role and their ability to meet the obligations associated with sponsorship.

Although the precise requirements will vary, the following information and documents may be requested.

1. Evidence of genuine recruitment needs

UKVI may require a detailed explanation of why the business needs to recruit the proposed number of sponsored workers and how the particular vacancies have arisen.

Evidence could include:

• Business expansion requiring additional staffing.
• The opening of a new branch or premises requiring new employees.
• Employees previously occupying the relevant roles leaving the organisation.
• Evidence demonstrating why departing employees need to be replaced.

The purpose is to establish that the recruitment requirement is genuine and consistent with the business's operational needs.

2. Business operations and organisational structure

Sponsors may also be asked to provide:

• A detailed description of the nature of the business and its operating hours.
• The address or addresses where the sponsored worker will perform their duties.
• An organisational chart showing positions from owners and directors downwards, including vacant positions intended for sponsored workers.
• The business's website address.

Where the organisation does not have a website, UKVI may request an explanation of why this is the case, how the business advertises its services, and how customers find and contact it.

3. Evidence of salary affordability

An increasingly important consideration is whether the sponsoring organisation can realistically afford to pay the proposed worker's salary.

UKVI may scrutinise the sponsor's financial position, including its trading revenue, bank statements and overall financial circumstances.

For example, UKVI may examine trading revenue over a six-month period to assess whether the business has sufficient financial resources to meet the proposed monthly salary. This assessment will depend on the organisation's circumstances and the evidence available.

Depending on the circumstances, supporting evidence may include:

• Corporate bank statements: Statements covering the six months immediately preceding the CoS request, potentially including all business accounts held by the organisation.
• Payroll records: Full pay run reports, payroll summaries or Real Time Information (RTI) records covering the preceding six months, showing gross and net pay, National Insurance contributions and tax deductions.
• Existing employment contracts: Copies of employment contracts for workers already sponsored by the organisation.
• Draft employment contract: A proposed contract setting out the terms of employment for the role to be sponsored.

UKVI may also use payroll records to assess whether existing sponsored workers have received the salaries required under their sponsorship arrangements.

Where discrepancies are identified, this could affect not only the CoS allocation request but also the sponsor's wider compliance position and potentially its sponsor licence.

Employers should therefore ensure that their financial records, payroll information and contractual arrangements are consistent with the information submitted to UKVI.

What makes a role eligible for Skilled Worker sponsorship?

Beyond the supporting evidence, employers must consider whether the proposed position meets the Home Office's definition of an eligible role.

Under the relevant sponsor guidance, the role must:

• Exist when the CoS is assigned, or be one which can reasonably be anticipated to exist by that time.
• Require the duties and responsibilities specified, including the weekly working hours stated in the CoS or the associated request.
• Meet the requirements of the relevant sponsorship route, including the applicable skill and salary thresholds, while complying with the National Minimum Wage Act and Working Time Regulations.
• Be appropriate to the sponsoring organisation, taking account of its business model, business plan and scale of operations.

These requirements must be satisfied throughout the duration, or proposed duration, of the sponsorship.

Employers should therefore assess not only whether the role meets the necessary occupation code and salary requirements, but also whether it is genuinely required by the business.

The full definition can be found in the Home Office's sponsor guidance glossary.

Can start-ups request an Undefined CoS for a role linked to future business growth?

The requirement that a role must exist, or reasonably be anticipated to exist by the time the CoS is assigned, can present particular difficulties for start-ups and growing businesses.

Since the introduction of the eligible role test, UKVI has been known to reject requests where the information provided suggests that the proposed position depends on future growth or business activity which has not yet materialised.

In such circumstances, it may be helpful for the employer to demonstrate that the role is required to facilitate future growth, rather than being dependent on that growth taking place.

The distinction is important.

A business may require a particular employee to deliver its existing business plan or undertake activities necessary for expansion. This differs from proposing a role which would only become necessary if future trading activity reaches a particular level.

However, employers must still provide credible evidence that the role exists or can reasonably be anticipated to exist by the time the CoS is assigned.

How can employers strengthen their Undefined CoS applications?

A successful Undefined CoS allocation request depends on more than demonstrating that a candidate meets the Skilled Worker eligibility requirements.

Sponsors should also be able to explain why the role is required, how it fits within the organisation and whether the business has the financial resources to meet its sponsorship obligations.

Preparing this evidence before submitting the initial request can help employers respond effectively if UKVI requests further information.

Given the increased scrutiny of sponsorship arrangements, employers should approach each request as an opportunity to demonstrate that their recruitment needs are genuine, properly evidenced and compliant with the Home Office requirements.