DCoS & Undefined Certificates of Sponsorship Guide

Certificates of Sponsorship, including DCoS and  plays an important role in the UK’s work visa sponsorship system.

One of the requirements of sponsored work routes such as the Skilled Worker visa and Global Business Mobility visas is that the applicant has a valid Certificate of Sponsorship from a licensed employer.

There are two types of CoS: Defined and Undefined. A DCoS (defined CoS) is required when the worker is applying from outside the UK under the Skilled Worker route. It must be requested through the Sponsor Management System (SMS) and approved by the Home Office before it can be assigned. An Undefined CoS is used for workers already in the UK, such as those switching visa routes or extending their permission. Employers usually receive an annual allocation of Undefined CoS.

The sponsor has to assign the correct type of CoS to each worker it wants to sponsor under the points-based system. UKVI operates an online Sponsor Management System, the ‘SMS’. The SMS is used by sponsors to apply for and manage their licence. This includes requesting and allocating Certificates of Sponsorship to sponsored visa workers.

The worker then uses the CoS to make their visa application to the Home Office. The worker must apply for their visa within 3 months of the CoS being assigned to them, and no earlier than 3 months from the start date of their job.

Issues with a CoS can quickly become problematic; lead to visa delays, rejections or Home Office scrutiny, so it’s important for employers

 

What is a CoS?

 

A Certificate of Sponsorship (CoS) is a mandatory requirement for anyone applying for certain UK sponsored work visas, such as the Skilled Worker visa. It is an electronic record with a unique reference number that links a specific job offer to a specific visa applicant.

In simple terms, a CoS is a way for a UK employer (the sponsor) to confirm to the Home Office that they are offering a genuine, eligible job to a non-UK worker who meets the requirements of the relevant visa route, including skill level and salary. For the worker, the CoS acts as official proof that they have a confirmed job offer from a licensed UK sponsor, which is a prerequisite for certain sponsored work visas.

Reform of the UK points-based immigration system saw the Skilled Worker route replace the Tier 2 (General) visa, and the two types of Certificate of Sponsorship (CoS) were also revised. Restricted and unrestricted CoS are no longer issued and were been replaced by Defined and Undefined CoS.

 

DCoS: Defined CoS

 

For skilled worker visa applications made from outside the UK, sponsors will need to apply for a defined CoS. This type of CoS must be requested and approved by the Home Office before it can be assigned to a worker. Importantly, the organisation must hold an A-rated sponsor licence in order to be able to assign a defined CoS.

DCoS requests are made through the Sponsor Management System (SMS). Applications are typically processed within a working day, unless further information is requested in relation to the role, the recruitment process or the job candidate.

If the individual is seeking to trade points because their salary does is below the relevant minimum salary level the going rate, the CoS will need to explain how those points are claimed, such as whether the role is on the Immigration Salary List, or the worker has a PhD in a relevant subject area.

 

Undefined CoS

 

An Undefined Certificate of Sponsorship (UDCoS) is used when the worker is already in the United Kingdom and is either switching visa category, applying for a visa extension or changing job. Undefined CoS are also used when applying under one of the other visa routes from within the UK or overseas, including the Global Business Mobility visa routes.

When an organisation makes their sponsor licence application, they submit a request for undefined CoS. The application will need to include evidence to support the requested amount of CoS, although there is no cap on the number of undefined CoS that can be assigned, provided the workers are eligible under the visa route and the sponsor pays the fee to assign each CoS.

The number of available Undefined CoS can be viewed at any time through the organisation’s Sponsor Management System (SMS) account.

If the sponsor does not have enough Undefined CoS to meet recruitment needs, it will be necessary to submit a request for additional CoS. To do this, the sponsor must log in to the Sponsor Management System and navigate to the option labelled “Request additional CoS allocation”.

When making the request, the sponsor must provide details of the number of additional Undefined CoS required and explain the reasons for the request. For example, the sponsor might explain that additional CoS are needed due to expected recruitment activity over the next 12 months.

Once the request has been submitted, the sponsor must wait for the Home Office to approve it. Processing times for additional Undefined CoS requests can take up to 18 weeks, unless the sponsor is eligible to use the priority service, which offers a faster decision.

After the Home Office approves the request and the additional Undefined CoS are available in the SMS account, the sponsor can proceed to assign a CoS to a worker. When assigning the CoS, the information submitted must be correct and accurate, or the employer risks enforcement action. Once the information is complete, the CoS must be formally submitted through the Sponsor Management System.

 

Undefined CoS for UK Expansion Workers

 

Organisations that have been given a provisional licence rating under the UK Expansion Worker route will only be permitted to assign one CoS. This CoS must be assigned the organisation’s Authorising Officer to enable them to travel to the UK.

Once the AO’s visa has been granted, the sponsor licence can be upgraded to an A-rating, enabling the organisation to request a further four CoS through the SMS.

 

Which visas require a Certificate of Sponsorship?

 

Workers being employed under temporary sponsored work visa categories, such as the Skilled Worker visa and Scale Up visa, require a CoS to be allocated by their UK employer. The cost of assigning a CoS depend on the type of licence the employer has:

 

Type of sponsor licence	Cost per certificate
Worker (except workers on the International Sportsperson visa)	£525
Temporary Worker	£55
International Sportsperson – where the certificate of sponsorship is assigned for more than 12 months	£525
International Sportsperson – where the certificate of sponsorship is assigned for 12 months or less	£55

 

 

How to request a CoS

 

The process for requesting a CoS depends on whether it is a Defined CoS or an Undefined CoS.

 

Defined Certificate of Sponsorship (DCoS)

 

A Defined CoS is required when a worker is applying from outside the UK under the Skilled Worker visa route.

Use your organisation’s credentials to access the SMS provided by the Home Office when you were granted a sponsor licence. Navigate to the ‘Create and Assign CoS’ section. From the menu, select “Defined CoS Requests” under the Skilled Worker route. You will not be able to assign a Defined CoS until the request has been approved by the Home Office.

Submit a Defined CoS request by completing the online form with the required information about the job and the worker, including:

 

• Job title and occupation code
• Salary details
• Work start date and end date
• Work location
• Confirmation that the job meets the Skilled Worker requirements

 

You then submit the request and wait for a decision.

In some cases, the Home Office may request evidence to show the vacancy is genuine, especially if the job role or salary appears borderline or unusual. This has become increasingly common, and employers will need to respond promptly to any such requests to avoid issues or further delays with their request, which may impact the visa sponsorship as a whole.

Most Defined CoS requests are processed within one working day, but delays can occur if further checks are needed. You will receive a notification via SMS once the request is approved.

Once the request is granted, you can assign the Defined CoS to the named individual. You must include accurate personal and job information, as this will be used by the Home Office to assess the visa application.

 

Undefined Certificate of Sponsorship (UDCoS)

 

An Undefined CoS is used when the worker is already in the UK and switching visa category, or applying for an extension or change of employment. It is also used for other sponsored work routes, such as Global Business Mobility routes.

To request or use an Undefined CoS, you should first check your annual CoS allocation. When you receive your sponsor licence, the Home Office provides an annual allocation of Undefined CoS. You can view your available allocation in your SMS account. If you do not have enough in your allocation, you must submit a request for additional Undefined CoS. To do this:

 

• Log in to the SMS
• Navigate to “Request additional CoS allocation”
• Provide details about the number of CoS needed and the reasons (e.g. expected recruitment over the next year)

 

Requests for additional Undefined CoS can take up to 18 weeks, unless you are eligible for the priority service. Once you have a sufficient number of Undefined CoS in your SMS account, you can assign one to a worker. Enter the required job and applicant information and submit the assignment.

 

Annual CoS allocation renewals

 

The sponsor’s annual CoS allocation year is determined by several factors, primarily relating to when the sponsor licence was first issued or subsequently renewed. In most cases, a sponsor’s annual allocation of CoS is renewed automatically each year. The automatic renewal is generally based on the number of CoS the sponsor assigned during the previous 12-month period. Sponsors can view their current CoS allocation at any time by logging into their SMS.

For most sponsors, the annual CoS allocation runs for 12 months from the date the sponsor licence was granted and, in subsequent years, 12 months from the date an allocation renewal request is approved.

However, for sponsors who previously held a valid Tier 2 (General) or Tier 2 (Intra-Company Transfer) licence on 30 November 2020, and whose licence was converted into the Skilled Worker or Intra-Company routes on 1 December 2020, different rules apply depending on whether their allocation renewal process was automated:

 

• If the sponsor’s CoS allocation renewal has been automated, their annual allocation year runs from 6 April to 5 April each year, aligning with the UK financial year.
• If the sponsor’s CoS allocation renewal has not been automated, the allocation year runs for 12 months from the date the sponsor’s allocation renewal request is granted.

 

It is important to monitor the CoS allocation carefully, particularly if you have recruitment plans that depend on sufficient CoS availability.

If your organisation needs more CoS than their automatic allocation allows, you will need to request an increase through the SMS, providing reasons and supporting information.

 

DCoS Requests: increased Home Office scrutiny

 

Employers applying for DCoSs via the SMS have observed a significant uplift in requests for supplementary information from the Home Office. These requests often include:

 

• Business-specific Justifications: Detailed explanations of why additional sponsored workers are needed, specific to the organisation.
• Comprehensive Job Descriptions: Full outlines of the duties associated with the roles being filled.
• Evidence of Genuine Vacancies: Official contracts or agreements demonstrating guaranteed work, including relevant clauses highlighted.
• Operational Context: Hierarchy charts identifying organizational roles and a breakdown of existing and vacant positions, including those held by sponsored workers.
• Employment Records: Staff rotas and employment contracts for existing workers in similar roles.
• Location-Specific Information: Clarification of where sponsored workers will be employed within the UK.
• Industry-Specific Compliance Evidence: For care providers, CQC registration and detailed service agreements, among other documents.

 

These requirements are particularly prevalent in high-risk industries, such as care homes, which often face challenges in providing some of the requested evidence.

While the Home Office has not officially articulated the reasons for this shift, several factors are likely at play, such as wider policy objectives and the government push to reduce net migration, eports of sponsorship visa abuse and breaches of compliance obligations in high-risk sectors and a surge in sponsor licence holders, leading to closer scrutiny of applications.

Why is clear is that this new approach is placing a significant administrative burden on employers. In particular, additional information requests can lengthen the application process, potentially affecting recruitment timelines. In some cases, sponsors struggle to meet evidentiary requirements, leading to rejected applications.

We are advising clients to take a fully holistic approach by providing extensive supporting evidence to reduce the potential for information requests.

 

If your CoS request is not approved

 

The Home Office will write to you to notify if your request has been successful or otherwise.

If the request is ‘rejected’, the sponsor should be able to reapply without a cooling-off period or outright ban being applied. If the request has been ‘refused’, this is indicative of more serious issues and will often lead to a cooling-off period or ban. Refusals are typically seem at the sponsor licence application stage, when the Home Office can refuse the application and then impose a penalty, like a cooling-off period.

 

Common CoS risks for employers

 

Assigning a Certificate of Sponsorship (CoS) carries legal and compliance responsibilities for UK employers. If handled incorrectly, it can lead to visa delays, refusals, sponsor licence action or Home Office investigations. Below are the most common risks employers should be aware of when assigning a CoS, and how to mitigate them:

 

Be aware of the three-month validity period

 

Once a Certificate of Sponsorship has been assigned, it is valid for only three months. The visa applicant must submit their application within this timeframe, or the CoS will expire and cannot be used.

 

Don’t forget to pay the Immigration Skills Charge

 

If the Immigration Skills Charge applies to the role, you must ensure it is paid at the point of assigning the CoS. Failure to do so may result in the application being rejected or delayed.

 

Maintain accurate and complete records

 

For every CoS you assign, you must keep detailed records. This includes the job description, salary details, employment contract, and any other relevant documents that support the sponsorship. These records should be readily available in case of a Home Office compliance visit.

 

Take CoS responsibilities seriously

 

Incorrect, careless, or non-compliant use of the CoS system can trigger serious consequences. These include Home Office audits, potential enforcement action, and even the suspension or revocation of your sponsor licence. Always treat the process with diligence and care.

 

Not Meeting Salary Thresholds or Job Requirements

 

One of the most common risks is assigning a CoS for a job that does not meet the required salary level or skill threshold set out in the Immigration Rules. Each eligible occupation has a minimum salary requirement, and failure to meet this can result in the visa application being refused.Always refer to the most recent Skilled Worker salary guidance and occupation codes before assigning the CoS. Double-check that the role you are sponsoring matches the correct job code and salary band.

 

Inadequate or Inaccurate Supporting Evidence

 

If the Home Office suspects that a job offer is not genuine, or that a role has been created to facilitate a visa application, they may request additional evidence – or reject the application outright. This often happens when the information on the CoS is inconsistent with supporting documents or business records. Ensure you have robust supporting documentation (e.g. job descriptions, contracts, financial records) to evidence that the vacancy is genuine, and that your business is capable of supporting the sponsored worker. Keep this on file in case of an audit or compliance visit.

 

Incorrect Information on the CoS

 

Mistakes on the CoS – such as incorrect job title, working hours, or job location – can cause problems during the visa application process. These errors may require a new CoS to be issued, wasting time and potentially delaying the worker’s start date.

Review all details carefully before assigning the CoS, and make sure they match what is in the employment contract and the job offer.

 

Delays Due to Timing and Validity

 

Each CoS is only valid for three months from the date it is assigned. If the worker does not submit their visa application in time, the CoS will expire and cannot be reused. This often causes significant delays, especially if an employer mistakenly assumes the CoS can be used later.

Coordinate timelines carefully with the applicant to ensure the visa application is submitted promptly. Consider public holidays, processing times, and other scheduling issues that may affect travel or start dates.

 

Failure to Track and Record CoS Use

 

Employers must track each CoS they assign and be able to account for its use (or non-use). Repeatedly assigning unused or unnecessary CoS can raise red flags during compliance checks and may lead to closer scrutiny by the Home Office.

Keep accurate internal records of all CoS assignments, including dates, applicant names, and visa outcomes. Cancel any unused CoS promptly via the Sponsor Management System (SMS).

 

Risk of Triggering a Compliance Visit or Audit

 

Inaccurate or suspicious CoS assignments can trigger a compliance audit by the Home Office, which may include a full review of your sponsor licence duties. In serious cases, this can lead to a downgrade, suspension, or revocation of your sponsor licence.

Treat every CoS assignment as a formal legal declaration. Ensure all aspects of the job and sponsorship comply with current immigration rules, and maintain full supporting records.

 

Need assistance?

 

DavidsonMorris’ specialist immigration lawyers are on hand to advise on all aspects of sponsor licence management, including allocations of Certificates of Sponsorships. If you have a query about a request for CoS, or any aspect of the sponsorship rules, contact us.

 

Defined & Undefined CoS FAQs

 

What is the difference between a Defined and an Undefined Certificate of Sponsorship?

A Defined Certificate of Sponsorship is used for Skilled Worker visa applicants who are applying from outside the UK. An Undefined Certificate of Sponsorship is used for workers already in the UK, such as those switching visa categories or extending their permission to stay.

 

Can I assign a Defined CoS immediately after requesting it?

You must first submit a request through the Sponsor Management System (SMS), and the Home Office must approve the Defined CoS before you can assign it to the worker. This usually takes one working day but can take longer if further checks are needed.

 

Do I need to request Undefined CoS each time I need one?

Employers are typically given an annual allocation of Undefined CoS. If your allocation runs low, you can request additional CoS through the SMS, but this process can take several weeks unless priority processing is available.

 

How long is a Certificate of Sponsorship valid for?

A CoS is valid for three months from the date it is assigned. The worker must submit their visa application within this period, or a new CoS will be required.

 

What happens if I make a mistake on the CoS?

Mistakes on the CoS—such as incorrect salary, job title, or location—can lead to the visa being refused or delayed. In many cases, you will need to cancel the CoS and issue a new one, so it’s essential to double-check all details before assigning.

 

Do I need to keep records after assigning a CoS?

Sponsors are required to maintain accurate and up-to-date records for each CoS they assign. This includes job descriptions, salary information, and evidence of the recruitment process. These may be reviewed during a Home Office audit.

 

Is there a fee for assigning a CoS?

In addition to the CoS assignment fee, many sponsors are also required to pay the Immigration Skills Charge, depending on the size of the organisation and the type of job being sponsored.

 

Can a Certificate of Sponsorship be reused?

A CoS is linked to a specific job and individual. If it expires or the worker does not use it to apply for a visa, it must be cancelled and a new one assigned if the role is still available.

 

Will assigning a CoS trigger a Home Office compliance visit?

Not automatically, but assigning a CoS—especially if done incorrectly or based on questionable information—can lead to scrutiny and may increase the likelihood of a compliance check.

 

Can I assign a CoS before the job start date is confirmed?

You can assign a CoS before the job starts, but you must provide a realistic and accurate start date. The visa application and subsequent permission to enter or remain in the UK will be based on that date.

 

Glossary

 

Term	Definition
Certificate of Sponsorship (CoS)	An electronic record issued by a licensed UK sponsor confirming details of a job offer to a migrant worker. It is required before a visa application can be made.
Defined CoS	A type of Certificate of Sponsorship used for Skilled Worker visa applicants applying from outside the UK. It must be requested and approved by the Home Office before it can be assigned.
Undefined CoS	A Certificate of Sponsorship used for individuals already in the UK, such as those switching visa categories or extending their stay. Sponsors usually receive an annual allocation of these.
Sponsor Management System (SMS)	The Home Office’s online platform used by licensed sponsors to manage their sponsor licence and assign Certificates of Sponsorship.
Immigration Skills Charge	A fee paid by employers when sponsoring certain migrant workers under the Skilled Worker route, intended to encourage investment in UK-based training.
Sponsor Licence	Permission granted by the Home Office to an employer allowing them to sponsor non-UK workers under specific visa routes.
Skilled Worker Visa	A UK work visa route for individuals who have a job offer from a licensed sponsor in an eligible skilled occupation meeting salary and language requirements.
Home Office	The UK government department responsible for immigration, visas, and border control, including management of the sponsorship system.
Compliance Visit	An inspection carried out by the Home Office to assess whether a sponsor is meeting their legal duties under the sponsor licence regime.
Visa Refusal	A decision by the Home Office to reject a visa application, often due to missing documents, incorrect information, or failure to meet eligibility criteria.