Navigating Certificate of Sponsorship Delays
4th April 2024
- Categories: Business, Compliance, General, News, Sponsor licence, Visas
4th April 2024
Increased difficulties in obtaining a Certificate of Sponsorship (CoS)
In recent weeks, we have been approached by many businesses to assist in delays regarding Certificates of Sponsorship. The delays are affecting both Defined and Undefined Certificates of Sponsorship.
Due to the government mandate to reduce net migration ahead of the next general election coupled with the alleged exploitation of skilled workers in some sectors, Certificates of Sponsorship requests are under more scrutiny than ever. The Home Office is making regular additional information requests resulting in sponsoring businesses having to provide additional evidence of their need for certificates. The onus of satisfying the genuine vacancy test is crucial.
Whilst the priority service is available for undefined certificates, this is becoming increasingly difficult to obtain. Unfortunately, there is no priority service for defined certificates and Government published timelines state that defined certificates should usually be approved in one working day, but this is no longer the case for many sectors.
The impact of the heightened evidential requirement and the resulting backlog is extremely frustrating for those individuals looking to migrate to the UK and their sponsors. However, these delays become a very serious matter for those skilled workers already here in the UK and intending to make an in-country application ahead of their existing immigration permission expiring. If UK based individuals are unable to obtain their extension visas in time this could result in the termination of their employment sponsorship, as their sponsor could run the risk of employing an illegal worker.
We have helped many clients who are struggling with the release of certificates allowing them to continue with their international recruitment. We have also devised interim solutions for clients who need to keep their existing staff but cannot do so immediately on the skilled worker route due to the delay in obtaining certificates.
If you have received an additional information request or have been waiting for certificates for longer than the government published guidelines, then get in touch today.
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