LS Legal Solicitors

Streamlining Sponsorship: Key Personnel Updates and CoS Allocation Renewals

Thursday 13th April 2023

How will the Home Office streamline the process of updating key personnel for sponsors?

The Home Office has implemented changes to streamline the process of updating key personnel for sponsors. As of 23rd March 2023, certain requests made via the Sponsor Management System (SMS) to update or replace Key Personnel will be immediately fulfilled in certain circumstances, eliminating the need to wait for the Home Office to approve straightforward requests, which previously took weeks.

What are the criteria for immediately fulfilling requests to update or replace Key Personnel via the Sponsor Management System (SMS)?

To be eligible for immediate fulfilment, the following criteria must be met: the sponsor license must be fully active, the sponsor must be an A-rated sponsor, and the postcode of the address of the new Authorising Officer, Key Contact, or Level 1 User must match either the sponsor's main organisation or head office address as listed on the SMS license summary screen, or the address of a legal representative organisation acting on the sponsor's behalf, if prior notification has been given to the Home Office. If these criteria are not met, the request will be considered by the Home Office as before.

The Home Office will still check on immediately fulfilled requests to identify concerns. Sponsors will be contacted if any issues arise during the checks. However, this streamlined process aims to enable sponsors to easily update their license details without unnecessary delays, making it more efficient and convenient for sponsors to maintain their sponsor licences.

These changes implemented by the Home Office aim to expedite the process of updating key personnel for sponsors by allowing immediate fulfilment of certain requests, saving time and effort for sponsors and ensuring that the sponsor license details are kept up to date in a timely manner.

What changes have been made to the annual Certificate of Sponsorship (CoS) allocation process for sponsors?

If a sponsor's annual CoS allocation is set to expire within three months of the Home Office contacting them regarding changes to the annual CoS allocation process, the sponsor must still apply for their next annual CoS allocation via the Sponsor Management System (SMS) and ensure it is done before the current CoS allocation expires. In their application, the sponsor must provide reasons for the requested CoS, particularly if they are requesting more than what was used in the previous 12 months.

Which routes are eligible for automatic renewal of annual CoS allocation for sponsors?

Sponsors whose annual CoS allocation expires three months and later after the Home Office contacts them, and who are A-rated, have an "active" annual CoS allocation status, and licensed in an eligible route, will be eligible for automatic renewal of their annual CoS allocation in the future. The eligible routes for this automatic renewal are:

• Skilled Worker (undefined only)
• Scale Up
• GBM - Senior or Specialist Worker
• GBM - Graduate Trainee
• GBM - Service Supplier
• GBM - Secondment Worker
• Minister of Religion
• International Sportsperson
• Charity Worker
• Creative Worker
• Government Authorised Exchange
• International Agreement
• Religious Worker

How can sponsors request an increase to their CoS allocation and what should they be aware of?

Sponsors can request an increase to their CoS (Certificate of Sponsorship) allocation by submitting a "Request CoS allocation increase" request through the Sponsor Management System (SMS), which is the online platform used by sponsors to manage their sponsorship responsibilities. Sponsors should be aware of the following points when requesting a CoS allocation increase:

• Timeliness: Sponsors should submit their request for a CoS allocation increase in a timely manner, as the requests can take weeks to receive a decision. It's essential to plan ahead and ensure that the request is made with sufficient time before the need for additional CoS arises.

• Justification: Sponsors will need to provide a clear justification for the requested CoS allocation increase. This may include evidence of business growth, expansion, or specific projects requiring additional sponsored workers. It's important to provide clear and compelling reasons for the increase in request.

• CoS Usage: Sponsors should ensure they have efficiently utilised their existing CoS allocation before requesting an increase. If a sponsor has unused CoS from their previous allocation, it may impact the decision to request an increase. The Home Office may consider the sponsor's usage of their current CoS allocation when evaluating the request for an increase.

• Compliance: Sponsors should ensure they comply with their sponsorship obligations, including maintaining accurate records, reporting changes, and adhering to the requirements of the relevant immigration rules and regulations. Failure to comply with sponsorship obligations may impact the consideration of a CoS allocation increase.

• Eligibility: Sponsors should ensure they are eligible for a CoS allocation increase based on their current sponsorship statuses, such as having a valid sponsor license and complying with relevant immigration rules and regulations.

In conclusion, LS Legal Solicitors' Immigration Team can provide expert assistance and guidance on UK visa matters. Whether you have questions about updating key personnel for sponsors, renewing your annual CoS allocation, or requesting an increase to your CoS allocation, our experienced team is ready to help. Please do not hesitate to contact us for advice, send us an e-mail, or follow us on social media platforms like Facebook, Instagram, or LinkedIn to stay updated on the latest immigration news and insights.