One of the biggest challenges with these requests is that the Home Office only gives a short timescale, 5 working days, to respond with all of the information required and if it is not provided the application is likely to be rejected. However, sponsors can prepare for these requests in advance and by keeping the documents on file they will ensure they are prepared for any future compliance checks.
What is an eligible role?
The Home Office defines an "eligible role" as one which exists at the time of application, requires specific duties and responsibilities, meets the requirements of the rules and is appropriate in light of the business model, business plan and scale of the business. It is this "appropriate" test which is often the source of the Home Office checks.
How should you prepare for a possible check?
Before applying for a Certificate of Sponsorship, it is useful to consider the documents you have on file that the Home Office are likely to ask to see. This includes:
- A contract for the individual. If a signed contract is not available they will ask to see a contract for an employee in a similar role and if you have never sponsored anyone before you should have a draft contract of employment you can provide.
- Business bank statements for the last six months. This is to allow the Home Office to make sure you have sufficient funds to pay the sponsored worker, therefore it is important to provide statements for all accounts and we also recommend providing some explanation of how the role will be funded. We have seen cases where the Home Office has refused an application because the bank statements provided only show a low level of funds and the business did not provide evidence of other funds that were earmarked for the worker's salary.
- A detailed job description.
- Details of how the role arose. If someone has resigned you can provide evidence of this, or if you have won new contracts you can provide copies of these. Where a role is entirely new it is important to explain why it is needed and how it fits within the business plan. The Home Office is more likely to ask for information when the role is different from a business' usual activity.
- Details of how the individual was recruited. While there is no longer a formal resident labour market test, you should still retain evidence of recruitment. This could include:
- Copies of job adverts and details of where they were placed.
- Details about how many people applied.
- Copies of the successful applicant's CV and qualifications.
- Interview notes or common interview questions.
The more information you can provide on the above points, the better the chances of success. If there are gaps in the information provided or the Home Office still has questions about the credibility of the role they will refuse the application.
What happens if a Certificate of Sponsorship request is refused?
There is no right of appeal against the refusal of a CoS request and the only remedy is to make a new application. Given the processing time for in-country Certificates of Sponsorship is currently up to 12 weeks, this can delay the hiring process considerably so it is vitally important to get it right first time.
How can we assist with Certificate of Sponsorship requests?
Our expert team is able to help prepare requests for Certificates of Sponsorship and can also help prepare a response to the Home Office when additional documents are requested. We help clients prepare detailed explanations of how a role has arisen and we review their supporting documents prior to submission to give you the best chance of success.
If you are making a Certificate of Sponsorship request, have received a request for additional information or want to review your record-keeping processes so you are fully prepared for a future request, please get in touch.
