As the UK’s immigration landscape becomes increasingly intricate, employers and HR professionals sponsoring overseas workers are faced with essential responsibilities tied to the Certificate of Sponsorship (CoS ). For UK businesses navigating the complexities of Skilled Worker and Specialist Worker Visa applications, ensuring the accuracy of information on a Certificate of Sponsorship is not merely an administrative step—it’s a legal necessity. This article delves into the intricacies of amending a Certificate of Sponsorship, the potential repercussions of errors, and best practices for compliance, ensuring your business remains aligned with UK Visas and Immigration (UKVI) requirements.
Amending a Certificate of Sponsorship: What You Need to Know
The Certificate of Sponsorship plays a critical role in the UK’s immigration system. It is assigned to a migrant worker by an employer with a valid Sponsor Licence and forms the backbone of their Skilled Worker Visa application. However, mistakes can happen, and when they do, it is essential for employers to understand what can be corrected—and what cannot.
Minor Errors: Sponsor Notes in the SMS
Minor mistakes on a Certificate of Sponsorship, such as a typographical error in the sponsored worker’s name or an incorrect date of birth, are relatively straightforward to address. These issues do not require a new Certificate of Sponsorship; instead, they can be rectified through a “sponsor note” on the Sponsorship Management System (SMS).
To add a sponsor note, Sponsor Licence holders can:
- Log into the SMS and select the “Workers” option from the home screen.
- Navigate to “Sponsorship Duties” and then “Manage Live Certificates.”
- Select the relevant Certificate of Sponsorship and enter the correct details into the “Sponsor note” field before saving the changes.
These amendments provide clarity to UKVI without the need for Certificate of Sponsorship tly reissuing, making it essential for HR teams to know the boundaries of what can be classed as a minor adjustment.
Significant Errors: When a New Certificate of Sponsorship Is Required
Some mistakes, however, cannot be rectified simply through a sponsor note. Significant errors, such as incorrectly entering the Certificate of Sponsorship code, assigning the CoS to an incorrect visa category, or inputting incorrect employment details, mandate the withdrawal of the existing CoS and the issuance of a new one. These errors are classified as “major” by UKVI, and correcting them involves cancelling the existing CoS and paying for a new certificate.
For example:
- Assigning a CoS under the wrong category or visa tier.
- Incorrectly inputting multiple employment details, such as nationality and surname, on a Defined CoS.
In these cases, the cost of implications can be significant, especially as a new Certificate of Sponsorship incurs a fee of £239 for certificates assigned to skilled workers on visas lasting over 12 months, or £25 for temporary workers.
What Happens if a Sponsored Employee Changes Their Role?
Workforce dynamics are ever-evolving, and occasionally, sponsored workers may need to shift roles within an organisation. In such instances, employers must evaluate if a “change of employment” application is needed. If the new role fundamentally changes the nature of the employment or the occupation code, a new CoS will be required to reflect these details accurately.
However, a change of employment application is not always required. Scenarios where such an application might not be necessary include:
- The worker is remaining within the same company and occupation code.
- There is an increase in salary within the same role.
- TUPE protection applies following a business acquisition.
- The worker is an international sportsperson moving to another sports club under a loan arrangement, authorised by the sport’s governing body.
In each scenario, it is still crucial to inform UKVI of any adjustments to maintain compliance with sponsorship regulations.
Sponsored Employee Left the Organisation: Next Steps
When a sponsored employee leaves an organisation—whether due to job change, resignation, or obtaining Indefinite Leave to Remain—UKVI requires prompt notification. UK sponsors are legally obligated to report the termination of a CoS within 10 working days. Failure to adhere to this requirement can lead to compliance issues and jeopardise the organisation’s Sponsor Licence.
It is worth noting that a CoS cannot simply be transferred to a new role or employer. This means any subsequent employer must issue a fresh Certificate of Sponsorship for the worker’s continued sponsorship in the UK.
The Role of the Level 1 and Level 2 SMS Users in Amending CoS
UKVI’s SMS system is designed to control access and amend details according to the user level assigned. A Level 1 user holds comprehensive rights, with the ability to view and amend all certificates for sponsored workers. In contrast, a Level 2 user can only view CoS details and add sponsor notes to those they have personally entered. Understanding these distinctions is vital for efficient CoS management and reducing errors that could disrupt the visa process.
The Cost of Inaccuracy : A Final Word for Employers
With UK immigration policies evolving and the scrutiny on sponsor compliance intensifying, UK employers cannot afford to make errors on a CoS .When inaccuracies arise, the CoS ts of rectification—both financially and in terms of time—can be substantial. The risk to a company’s Sponsor Licence, and consequently its ability to employ skilled workers from overseas, cannot be understated.
For organisations that frequently sponsor overseas workers, training key staff on the SMS system and procedures for Certificate of Sponsorship assignment and amendment is a proactive measure that can help reduce errors and streamline the sponsorship process.
Seeking Legal Guidance
For businesses grappling with the nuances of Sponsor Licence compliance, consulting an immigration lawyer is often invaluable. Expert guidance not only aids in accurately processing CoS assignments but also supports broader compliance measures, ensuring your organisation can continue to attract and retain global talent with confidence.
In summary, whether it’s a simple typo or a more serious error, taking the right steps to amend or reassign a CoS can safeguard your organisation’s Sponsor Licence and the success of your overseas recruitment strategy. If you are uncertain about the amendments required on a Certificate of Sponsorship or need guidance on Sponsor Licence duties, reach out to an experienced immigration solicitor for tailored advice. With the right support, your business can navigate these obligations with ease, ensuring compliance and preserving the pathway for global talent to join the UK workforce.
Contact Us
Our team of immigration solicitors is ready to provide bespoke advice, helping you understand the intricacies of CoS management and Sponsor Licence compliance. Contact us today to protect your business’s access to global talent and ensure that your sponsorship duties are fulfilled to the highest standards.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.