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There are many oddities to the UK’s immigration system, one of the more confusing of these for sponsors to get their heads around is Certificate of Sponsorship (CoS) allocations. Sponsors need to have CoS to sponsor new and existing sponsored worker staff. Of late, UK Visas & Immigration (UKVI) appears to be taking a much tougher approach when granting CoS allocations and here we explore the current issues.
What are CoS and how does a sponsor get them?
CoS are the online forms that sponsors need to complete and assign to sponsored workers.
There are two types of CoS for Skilled Worker applications: defined and undefined. Defined CoS are for Skilled Worker applications submitted outside the UK and they have to be requested from UKVI on an ad hoc basis. Whereas, sponsors need to request an allocation of undefined CoS to use for applications submitted within the UK.
Undefined CoS allocations can be requested as part of the initial sponsor licence application, in bulk on an annual basis or extra CoS can be requested throughout the year as they are needed.
The allocation requests system might be an administrative-heavy effort to prevent a sponsor from suddenly going on a splurge of sponsorship.
Annual allocation requests
Although some sponsors will automatically receive an annual allocation of undefined CoS in April of each year, sponsors normally need to submit an annual allocation request to have on hand their undefined CoS ready to use throughout the year. Recently UKVI has been expecting or asking for additional information about the roles and individuals that the company wishes to sponsor for the coming 12 months – again, information that very plausibly will not be available to a sponsor.
From time-to-time UKVI appears to take the position of granting annual allocation requests that match how many CoS the sponsor used in previous years, disregarding any indication from a sponsor that it plans to undergo a period of higher recruitment or has a number of extension applications to make. For example, a sponsor might ask for 5 Skilled Worker undefined CoS but UKVI might take the position to only issue 2 or 3 CoS – in practice there is little recourse for the sponsor, save to submit a further additional CoS allocation increase request.
Throughout the year
As sponsors are less likely to get the annual allocation they need, they may need to ask for an increase in CoS. Whilst allocation requests can be submitted throughout the year, UKVI typically takes a number of weeks (in fact potentially up to 18 weeks!) to process these requests on the standard service.
So what can sponsors do about it?
Not having a CoS available to use for an application in the UK can be very problematic for sponsors. Where a current sponsored worker’s visa is about to expire or a crucial new hire is required, sponsors need to be able to quickly assign a CoS. Requesting extra CoS using the standard service will often not be fast enough.
As ever, the answer lies in paying more fees. UKVI offers a £200 priority service, which sponsors can pluck for to expedite their request to 5-working days. However, this has created another, likely unintended, problem. With the number of priority service slots limited to 60 a day, sponsors frantically have to compete for a priority slot - the slots are normally all gone in a matter of minutes each day.
The priority service must be a money-spinner for UKVI, likely generating £12,000 a day, but herding sponsors into having to use the service seems unfair, and potentially even unlawful.
Perhaps an approach that could be taken, is to get rid of the requirement for sponsors to request a CoS allocation for applications made in the UK and instead rely on a system of automated checks for sponsors that have an unusual surge in activity.
We understand that the online Sponsor Management System is due a refresh in the coming months – hopefully this refresh might include some systemic changes rather than merely cosmetic ones.
FURTHER INFORMATION
If you have any questions regarding this blog, please contact Robert Houchill or a member of the immigration team.
ABOUT THE AUTHOR
Robert Houchill is a senior associate in the immigration team. He has extensive experience in assisting individuals and organisations with their UK immigration and nationality matters. Robert’s experience covers all kinds of immigration and nationality applications but with a particular emphasis on corporate immigration matters, and helping high-net-worth individuals.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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