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The importance of regularly checking your Certificate of Sponsorship allocations and the current UKVI delays

Written by Immpact Legal Partners | Aug 28, 2024 9:45:00 AM

This article is published by Nick Albin, Immigration Consultant at Migrate UK - an Immpact Legal Partner

Checking your Certificate of Sponsorship allocations regularly

For an organisation holding a sponsor licence, the ability to sponsor migrant workers is crucial to their operations. The Certificate of Sponsorship (CoS) is the key requirement that enables this process. However, a critical step that is often overlooked by sponsoring organisations is, regularly checking their CoS allocations. Failing to monitor and manage their CoS allocations can lead to putting their sponsored workers’ immigration status at risk.

When an organisation is granted a sponsor licence, they are also given a set number of CoS allocations. These allocations are essentially a cap on the number of migrant workers you can sponsor within a given period. For businesses that rely heavily on skilled workers from outside the UK, these allocations are a vital resource for those already sponsored within the UK.

However, these allocations are not automatically renewed. You must apply for additional allocations when necessary, and the Home Office (UKVI) must approve this request before you can assign a CoS to a new hire or an existing employee who needs a visa extension.

UKVI delays

Recently, Migrate UK and our clients have been experiencing increased delays from UKVI in processing CoS allocation requests. Processing times can vary, but we've encountered requests taking up to 3 months for approval using the standard service. Such delays could leave an organisation without the necessary CoS to assign when needed. This is particularly concerning if an employee's visa is nearing the expiry date, as failing to assign a CoS in time could result in the employee being unable to continue working legally in the UK and be forced to leave the country.

These delays emphasise the importance of proactive management of CoS allocations. It is crucial that an organisation regularly checks their remaining allocations and plans ahead, particularly if they are hiring and know they will need to sponsor additional workers or extend existing visas in the near future.

The 9am Priority Service

To alleviate the risk of running out of CoS allocations, UKVI offers a 9am priority service. This service allows an organisation to request additional CoS allocations with a faster turnaround time. For a fee of £200, payable once the allocation request has been approved, UKVI will review your request for additional allocations and place these on your Sponsor Management System (SMS) within 5 working days of the additional allocation request being approved and payment being received. However, this service is currently oversubscribed and there are only 60 slots available daily.

While this service can be a lifesaver in urgent situations, it is important to note that it is not guaranteed and should not replace regular monitoring and forward planning. This service should not be relied upon, as of late the likelihood of securing a slot has decreased, with UKVI only prioritising emergency approvals, leaving many organisations in panic as their sponsored workers visa expiry dates approach. If unsuccessful on the first request, you must apply again the next day at 9am and so on, until the allocation is approved and the certificate allocation is present on the SMS, ready to be assigned.

Migrate UK Compliance Service

At Migrate UK, we understand the complexities and challenges that come with managing a sponsor licence. Our comprehensive compliance service is designed to support an organisation to stay on top of all the key aspects of sponsorship including the management of your CoS allocations on the SMS.

By partnering with Migrate UK, you can rest assured that your organisation remains compliant with UK immigration laws.  Please contact us at info@migrate-uk.com if you require any further information.