A CoS is basically an undertaking that the role a migrant is looking to be sponsored for is a genuine one and that it meets the appropriate salary as well skill requirement levels. Importantly, a CoS will only be assigned by the Immigration compliance team to an individual when it has been deemed that the individual meets all the requirements.
If a UK based company is looking to take on a non-european migrant for an employment in its firm; having obtained a sponsor licence, the next step would be to request for a Certificate of Sponsorship.
It is important to note that with non-PhD level jobs, the Certificate of Sponsorship must be assigned with 6 month of the Resident Labour market test (RLMT). Whereas PhD level roles would need the CoS to have been assigned within 12 months of the RLMT.
There are 2 types of CoSs namely:-
Restricted CoSs applies majorly to out-of-country applications. The UKVI places a cap on the number of unrestricted CoS allowable within a month. Businesses within the UK are therefore strictly restricted to the total number of CoSs determined by the UKVI. As a result, it is not entirely certain, even where the application meets all the requirements, that a requested CoS will be issued.
Unrestricted CoSs applies mostly to in-country applications. Unrestricted CoS will be issued in the circumstances below:-
It is important to note that even though there are not rigid deadlines for applying for unrestricted CoSs, companies must note that for Tier 2 extensions, you cannot make a visa application more than three months prior to the expiration of your current leave. Also, individuals looking to submit an application for an unrestricted CoS cannot do so more than three months prior to the start date of the CoS.
Our business immigration lawyers can assist you with your CoS request as well as managing the entire process for you.
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