Employers must apply and assign Certificate of Sponsorship (COS) to overseas workers

There were 91,833 Tier 2 Visas granted last year. It is evident UK businesses are opting for skilled non-EEA national workers to come and join their workforce in the UK. UK employers who wish to hire non-EEA national workers must apply and assign a Certificate of Sponsorship (COS) to the non-EEA national worker. If the Certificate of Sponsorship (COS) has not been assigned, the non-EEA migrant worker will not be able to submit a successful visa application as Applicants are required to state their Certificate of Sponsorship (COS) number as part of their visa application. 

Legal advice on Certificate of Sponsorship (COS) from LEXVISA Immigration Solicitors

Certificate of Sponsorship

All non-EEA national workers who are offered a job in the UK must apply for a Tier 2 or Tier 5 work visa to enter the UK as a worker. Every worker must be assigned an exclusive Certificate of Sponsorship (COS). A COS is an electronic document which holds information about the job such as salary and length of employment. To be granted a Certificate of Sponsorship each application must score a minimum of 21 points. Points can be scored by meeting various requirements. Please see table below to see how a minimum of 21 points can be accumulated:

Type of Job        Points
 

 

 
If the job is on the Shortage of Occupation           130
 

 

If the job has a PHD-level occupation code and the job passes the Resident Labour Market Test or an exception applies           75
 

 

If the job passes the Resident Labour Market Test           20
 

 

Points will also be awarded for salary, the higher the salary the more points will be awarded           1 to 60

Restricted or Unrestricted Certificate of Sponsorships (COS)

Unlike the Unrestricted Certificate of Sponsorship, the Restricted Certificate of Sponsorship (COS) is subject to a monthly limit of 1500 certificates but this could vary depending on the number of Restricted Certificate of Sponsorship (COS) issued the previous month. The total number of Restricted Certificates of Sponsorship (COS) available for January 2017 is 2803.

The Home Office consider applications for Restricted Certificate of Sponsorship (COS) on the first working day after the 10th day of every month. Employers must apply before the 5th day of the month to have their application considered. Applications submitted after the 5th day of the month will be considered the following month and this will cause a delay in the overseas migrant’s visa being approved.

In some exceptional circumstances, a Restricted Certificate of Sponsorship (COS) can be issued before the next allocation date but employers will have to be able to demonstrate the urgency for the Certificate of Sponsorship (COS) to be issued sooner.

Successful Certificate of Sponsorship (COS) Applications

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules.

We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

 

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