Assigning certificates of sponsorship

This page explains how to assign a certificate of sponsorship.

To assign a certificate of sponsorship, you must use the sponsorship management system. We give you access to this system when you become a licensed sponsor.

On the system, you complete the migrant and sponsorship details (including salary, skill level, and whether the job meets the resident labour market test, is an intra-company transfer or is in a shortage occupation).

When you assign a certificate of sponsorship to a migrant, you must give three pieces of information about the migrant's salary package:

• You must give the gross salary figure which includes any allowances and guaranteed bonuses;
• You must give a separate figure for the total of all allowances and guaranteed bonuses included in the first figure; and
• You must give a detailed breakdown of each allowance and each guaranteed bonus showing what they are for and the value of each one.

The gross salary figure quoted on the CoS must be represent the remuneration actually paid to the worker, gross of any tax actually paid in respect of that remuneration (whether paid in the United Kingdom or overseas) and must include any permissible allowances and guaranteed bonuses. The total of all allowances and guaranteed bonuses paid, and included in that figure, should then be entered in the 'gross allowances' box on the CoS, then broken down and detailed in the free text box that immediately follows.

The figure quoted must not be inflated in anticipation of any tax relief, such as relief on expenditure related to the employment, or tax which would be incurred by the employment of a resident worker but not in respect of the migrant. (For example, if the gross salary package is £20,000 but the migrant worker will have the same net package after tax as a resident worker paid £24,000 before tax, you must enter a salary package is £20,000.)

We appreciate that some sponsors may pay allowances to migrant workers which could fluctuate, and that sometimes this could mean that a migrant has to make a change of employment application because, for example, the cost of their accommodation has fallen. If you think that this may happen, you may want to consider quoting a figure for the gross salary package on the migrant's certificate of sponsorship, that represents an estimated figure which is more likely to go up, than down. Any decision to do this is entirely yours but the salary package quoted must still be at the appropriate rate for the job.

A certificate of sponsorship can only be assigned by an employee of the sponsoring organisation, or by a representative who is in the UK and has been given access to the sponsorship management system. When you have assigned a certificate of sponsorship, you must give the reference number to the migrant. The migrant must then apply to us for permission to enter or stay in the UK, and must quote the reference number on their application form.

A migrant cannot apply for initial permission to enter the UK more than 3 months before the date when they are due to start work.

The fact that a certificate of sponsorship has been assigned does not guarantee that the migrant will be given permission to enter or stay. They must meet certain requirements for the relevant tier and category, and apply for permission to enter or stay.

If you are thinking about assigning a certificate of sponsorship to a migrant who is already in the UK, you should understand the effect that their current immigration status may have on their application for permission to stay because of the rules on 'switching'. See the section on how long workers can stay for more information on switching.

See the section on costs to find out the fees for certificates of sponsorship.

How you should send the certificate of sponsorship to the migrant

You must forward the certificate of sponsorship number to the migrant and treat it as a secure and confidential document. You print and send the details of the certificate of sponsorship on the system to the migrant, as they may need the information (such as the details of the resident labour market test) when they apply to us.

The migrant will need the certificate's reference number to apply for permission to enter or stay in the UK. Some migrants (non-visa nationals coming to the UK for under 3 months) do not need to apply for permission to enter before they travel to the UK. See initial applications to the creative and sporting category of Tier 5 for more information.

How long is the certificate of sponsorship valid for?

A certificate of sponsorship under Tier 2 or Tier 5 is valid for 3 months from the date of issue.

The certificate of sponsorship will automatically become invalid if the migrant does not use it within this time to apply to enter or remain in the UK. During this time, another sponsor cannot assign another certificate of sponsorship to them. If the migrant does not want the job, they should contact you to cancel or withdraw the certificate of sponsorship before they apply for another job.

If you assign a certificate of sponsorship outside the sponsorship rules

If an employee or legal representative assigns a certificate of sponsorship to a migrant on your behalf, you are held fully responsible for their actions. If you do not comply with the rules on assigning certificates of sponsorship, we may withdraw your sponsor licence or downgrade it to a B-rating.

If we find you are employing an illegal migrant worker because your recruitment practices are negligent, we may issue you with a civil penalty and may refer the case for prosecution. See the Illegal working section for more information.

If you want to assign more certificates of sponsorship

Every year you are allocated a number of certificates of sponsorship which you can assign to migrants. You cannot assign certificates if you have used up this allocation.

If you think your allocation is too low, or if you reach or are approaching your full allocation, you can ask us to increase it. The Annual allocation of certificates of sponsorship page explains how to do this.

A non-visa national is a national or citizen of any country that is NOT listed in Appendix 1 of the immigration rules (nationals of countries listed in Appendix 1 are visa nationals). A non-visa national does not need a visa to come to the United Kingdom for less than six months, unless it is a requirement of the immigration category under which they are entering. A non-visa national coming to the United Kingdom for more than six months will need a visa.