IMMIGRATION STATUS IN UK: CERTIFICATE OF SPONSORSHIP (COS)

The United Kingdom is one of the most sought-after destinations for work, study, and residence. However, navigating the UK's complex visa system, particularly when it comes to the Certificate of Sponsorship (CoS), can be challenging for many individuals. This article guides how to manage issues with the CoS and explores alternative visa options that may allow individuals to remain in the UK legally, without facing deportation.

Understanding the Certificate of Sponsorship (CoS)

The Certificate of Sponsorship (CoS) is an electronic document issued by UK employers, which is required for many work visa applications. If you are applying for a work visa such as the Skilled Worker Visa, the CoS proves you have a valid job offer from a licensed sponsor in the UK.

However, challenges can arise in the following situations:

• Your Sponsor Loses Their License: Your employer must be an approved sponsor. If the Home Office revokes their sponsorship license, you may lose your eligibility to remain in the UK.

• Expired or Revoked CoS: If your CoS expires or is withdrawn by your employer before your visa is granted, you will no longer have a valid application.

• Unable to Find a Sponsor: Some individuals may struggle to secure employment with an approved sponsor, especially if their profession is not on the shortage occupation list.

Steps to Take if You Face Issues with Your Certificate of Sponsorship

• Contact Your Employer: If you face issues with your CoS, the first thing you should do is contact your employer. They may be able to resolve any internal issues, apply for a new CoS, or even appeal a decision made by the Home Office to revoke their sponsorship.

• Seek Professional Legal Advice: Immigration law is complex, and it is vital to seek help from a qualified immigration solicitor or consultant who can guide you through your options. Legal professionals can help you navigate the appeal process, explore other visa categories, or advise on switching to a different visa.

• Check Your Job Role Against the Shortage Occupation List: If your job is on the UK Shortage Occupation List, you may have better chances of finding an alternative sponsor quickly. Employers are incentivized to hire from this list because it reduces their obligations in the visa process.

• Consider an Internal Transfer: If you work for a multinational company, you could consider requesting an internal transfer to a UK office under a different sponsorship arrangement.

• Switch to a Different Visa: If your CoS is no longer valid or you cannot secure a new sponsor, you may want to explore other visa categories to remain in the UK legally.

Alternative Visas to Remain in the UK Legally Without a CoS

If your Certificate of Sponsorship is invalid or unavailable, there are alternative visa options that allow you to remain in the UK without needing a CoS from an employer.

1. Graduate Visa

• Who it’s for: Individuals who have completed a degree at a recognized UK institution.

• Key benefits: This visa allows you to remain in the UK for up to two years (three years for doctoral graduates) without the need for a CoS or employer sponsorship.

• How to switch: Apply for a Graduate Visa before your student visa expires.

2. Global Talent Visa

• Who it’s for: Highly skilled individuals in fields such as science, humanities, engineering, medicine, digital technology, or the arts who are recognized as leaders or potential leaders.

• Key benefits: No CoS is required, and it allows for self-employment or working for multiple employers.

• How to switch: You must be endorsed by an approved UK organization, such as Tech Nation or the Arts Council.

3. Innovator Founder Visa

• Who it’s for: Entrepreneurs who want to start a new business in the UK.

• Key benefits: No CoS is required, but you must be endorsed by an approved endorsing body to have a viable, scalable business idea.

• How to switch: Obtain endorsement from a recognized UK endorsing body before applying.

4. Spouse or Family Visa

• Who it’s for: Individuals with a British spouse, partner, or close family member (such as a child or parent) who is a British citizen or has settled status in the UK.

• Key benefits: No CoS required; long-term visa with a route to settlement.

• How to switch: Apply under the Family Visa category, ensuring that you meet all financial and relationship requirements.

5. UK Ancestry Visa

• Who it’s for: Commonwealth citizens who can prove they have a grandparent born in the UK.

• Key benefits: No CoS required; allows for self-employment and offers a route to settlement.

• How to switch: Prove your ancestry connection to the UK and apply for the UK Ancestry Visa.

6. Innovator or Start-Up Visa

• Who it’s for: Individuals with an innovative business idea approved by an endorsing body in the UK.

• Key benefits: Allows individuals to stay in the UK without needing a traditional job or CoS. It supports business owners and entrepreneurs.

• How to switch: Secure endorsement from a recognized endorsing body before applying.

7. Parent of a British Child Visa

• Who it’s for: Parents of British children or children who have lived in the UK for at least seven years.

• Key benefits: This visa allows parents to remain in the UK to care for their British child or a child who has been in the UK long enough to establish ties.

• How to switch: You must provide evidence that it is in the child’s best interest for you to remain in the UK.

8. Self-Sponsorship

• Who it’s for: Individuals who want to establish their own company in the UK.

• Key benefits: Allows individuals to sponsor themselves for a Skilled Worker Visa through their own business, thus bypassing the need for a traditional employer's CoS.

• How to switch: This requires establishing a UK business and applying for a sponsorship license.

Avoiding Deportation: Key Steps to Remain Legally in the UK

• Don’t Overstay: You must never overstay your visa, as this could lead to deportation. Always ensure you apply for a visa extension or switch visas before your current leave expires.

• Stay Informed: Be aware of your visa conditions and any changes in UK immigration law that might affect your status.

• Legal Representation: If your visa or sponsorship is withdrawn, consult a qualified immigration lawyer to explore your options and help you avoid deportation.

• Appeal Options: If you receive a deportation order, you may be eligible to appeal the decision. This process can be complicated, so it’s essential to have legal support to guide you.

• Regularize Your Status: If you are undocumented or in the UK illegally, there are still pathways to regularize your status, such as applying for Leave to Remain based on human rights grounds, family connections, or long residence in the UK.

Navigating issues with a Certificate of Sponsorship in the UK can be daunting, but it is not the end of your stay. There are multiple alternative visa options available that allow individuals to remain in the UK legally. The key is to act quickly, seek legal advice when needed, and always ensure your immigration status remains valid. By exploring alternative visa routes such as the Graduate Visa, Global Talent Visa, Innovator Founder Visa, and Family Visas, you can protect yourself from deportation and continue living in the UK.