Requesting Certificates of Sponsorship: current challenges and effective strategies
Throughout the past year, care providers have experienced increasing difficulty obtaining Certificates of Sponsorship (CoS). Providers are facing more scrutiny from the Home Office, which now routinely requires substantial additional documentation and has increasingly issued refusals in situations that previously would have presented little difficulty.
What the Home Office is now asking for:
The Home Office now frequently asks for further evidence prior to granting new CoS allocations to care providers. Providers are typically given five working days to provide the requested information. Recent examples of these requests include:
- full job descriptions for each role the CoS will be used for
- detailed justification as to why the role cannot be filled by existing staff, supported by contracted hours and staffing data
- details (where known) of individuals proposed for sponsorship, including visa status
- business bank statements
- evidence of how roles will be funded
- signed employment contracts
- evidence explaining business need (service contracts, proof of expansion, resignations, etc.).
Practical tips for trying to obtain additional CoS:
Full details should be given within the SMS request for the additional CoS. If you are applying for priority service, then you can send additional information and supporting documents with this request. This will increase your chances of the Home Office being satisfied with your request and not requesting further information.
All requests for additional CoS should include the following:
- evidence that existing staff cannot absorb the hours. Providing details of the committed hours of care and the number of hours available from existing staff can be helpful
- details of proposed new recruits, where known
- a clear explanation that any new recruits will be individuals already in the UK, sponsored as care workers for another care provider, in line with the new rules from July 2025
- where the new sponsored worker will be one of your existing employees who is currently working under another visa (e.g. a student or graduate), a statement that they will meet the new rules from July 2025 as they have been employed by you for 3 months.
In addition to these points, further information should be sent in each of the following situations:
Where an employee has resigned or has been dismissed, requests for CoS for replacement staff should also include:
- resignation/dismissal evidence (ideally including P45).
Where you require additional CoS for increasing staff numbers, requests should also include:
- full details of the reason for increased demand (new contracts, increased service hours, organisational changes), and evidence of this.
Where you require additional CoS for visa extensions, requests should also include:
- full details of individuals: name, CoS number, DOB, expiry date, job role.
- Consider limiting your request to CoS needed for visas expiring soon, rather than all visas expiring within the year.
Where sponsored workers transfer to you as a result of an acquisition or a new licence is needed following a change in share ownership:
- where CoS are needed for new recruitment or visa renewals, the Home Office seems to be rejecting these applications when made as part of the licence application
- ask sellers to assign CoS before completion to any transferring employees who need a visa renewed within a few months of completion.
Contact Olivia:
Olivia is a Senior Associate in our Employment & Immigration team and co-head of the firm’s Immigration team. She has a wide range of experience across employment law and business immigration matters.
Olivia Coles
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