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Can You Make Changes to a Certificate of Sponsorship Once Assigned?

Can You Make Changes to a Certificate of Sponsorship Once Assigned?

Last update: 24 May 2023

Unfortunately, it is not possible to amend a Certificate of Sponsorship once it has been assigned. However, for minor errors, it is possible to add a comment using your Sponsorship Management System (SMS). For more substantial changes, you may need to cancel and create a new Certificate of Sponsorship (CoS). In this article, we will explain how to add a sponsor note where a CoS has been assigned and what you need to do if a sponsored worker changes role.

How to amend details on a Certificate of Sponsorship?

Before assigning a Certificate of Sponsorship, an option to amend is visible on the Sponsorship Management System (SMS). Once assigned, this option disappears and you can only add a ‘sponsor note’ for minor errors. Minor errors may include, for example, an incorrectly typed worker’s name or date of birth.

However, if the error relates to any of the following, you will need to withdraw the Certificate of Sponsorship and issue a new one:

  • Occupation code
  • Sponsorship route
  • Sponsorship route sub-category, or
  • More than one of the following:
    • nationality
    • date of birth
    • worker’s surname

Assuming the change needed is minor, to add a sponsor note to a CoS with a status of ‘assigned’, you will need to:

  1. Login to your SMS (please note: Level 1 users can view and edit all CoSs, while Level 2 users can only access those they have personally entered).
  2. Go to the ‘workers’ screen
  3. Select ‘Sponsorship Duties
  4. Select ‘Report migrant activity’
  5. Search for the relevant CoS
  6. Once in the CoS, select ‘Sponsor note’
  7. In the ‘Edit Sponsor Note’ screen, type the note regarding the error and then select ‘save’.

If you need to make changes to the sponsor note, you can simply click on ‘sponsor note’ again.

If your sponsored employee changes role

If a sponsored employee changes to a new role within your organisation, you may need to complete and submit a ‘change employment application’. This is not required if the sponsored worker:

  • Will remain under your employment and will only move to a different job with the same SOC code.
  • Is not leaving a job on the shortage occupation list for a job that is not on the list
  • Is moving under TUPE (or similar) protection following a takeover, merger, de-merger or any other circumstances.
  • Is on a graduate training programme and will be working in several roles within your organisation.
  • Is an International Sportsperson sponsored by a sports club and is moving to another sports club under a loan arrangement permitted by the sport’s governing body.
  • Is sponsored under the Government Authorised Exchange route or the Seasonal Worker visa route, and the change of role has been authorised by the sponsor and is otherwise permitted under the immigration rules.

If any of the circumstances above apply, you will need to report the changes to UKVI via your SMS.

If none of the above apply, your sponsored worker may need to prepare and submit a ‘change of employment’ application1.

Before your sponsored employee can apply for a change of employment, you will need to issue them with a new Certificate of Sponsorship covering the new role. You will also need to carry out the relevant UK right to work checks again before they can commence their new role. Once their application has been submitted, they can carry on working while waiting for a visa decision in the same role until permission is granted by UKVI for the change.

If you are unsure whether a change of employment is needed, speak to an immigration solicitor who will be able to check and advise you.

References

1 GOV.UK: Updating skilled worker visa

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