Employer issuing new COS

Dear,

I would like to issue new COS certificate to person who doesn't currently live nor work in the UK.

Therefore, this would be this person's first job in the UK.

I am not really sure which option should I choose. Please see the list bellow for options that I have.

I am aware what ISC is, this person is chef and therefore I believe that I need to pay ISC. The only thing that is a bit unclear to me is what category to choose from the drop list.

Thank you!

Kind regards,
Mark

MarkCa wrote: ↑

Mon Jun 14, 2021 5:21 pm

I would like to issue new COS certificate to person who doesn't currently live nor work in the UK

You need to apply for a defined CoS. The process is described in Manual 12, Guide 1:
https://assets.publishing.service.gov.u ... PBS830.pdf

manci wrote: ↑

Mon Jun 14, 2021 6:25 pm

You need to apply for a defined CoS. The process is described in Manual 12, Guide 1:
https://assets.publishing.service.gov.u ... PBS830.pdf

Thank you! This is great, I checked it out and it says that number can arrive in one day, which is incredible.

I have one more question, I am planning to sponsor this person's visa for 3+3 years. In the Restricted COS form I need to put job start date and job end date.

My question is, considering that I want this person to stay in UK potentially permanently for years to come (that he gets 3+3 years and then ILR), should I now put job end date as 3 years from now or 6 years from now? Or should it be something else?

Basically, will job end date influence which visa can he apply for now?

Thank you!

MarkCa wrote: ↑

Sat Jun 19, 2021 12:03 pm

it says that number can arrive in one day, which is incredible.

pinch of salt needed

MarkCa wrote: ↑

Sat Jun 19, 2021 12:03 pm

In the Restricted COS form ........

it is called a defined CoS, not restricted CoS (new terminology).

MarkCa wrote: ↑

Sat Jun 19, 2021 12:03 pm

should I now put job end date as 3 years from now or 6 years from now? Or should it be something else?

The max period for sponsoring a skilled worker is 5 years. On completion of the 5 years they will be eligible to apply for settlement (ILR).

manci wrote: ↑

Sat Jun 19, 2021 3:52 pm

MarkCa wrote: ↑

Sat Jun 19, 2021 12:03 pm

it says that number can arrive in one day, which is incredible.

pinch of salt needed

MarkCa wrote: ↑

Sat Jun 19, 2021 12:03 pm

In the Restricted COS form ........

it is called a defined CoS, not restricted CoS (new terminology).

MarkCa wrote: ↑

Sat Jun 19, 2021 12:03 pm

should I now put job end date as 3 years from now or 6 years from now? Or should it be something else?

The max period for sponsoring a skilled worker is 5 years. On completion of the 5 years they will be eligible to apply for settlement (ILR).

Thanks! I believe these are the final questions I have before applying.

1. Is it ok if I put start date as one month from today? If it takes more than one day to receive defined COS, and if he needs a few weeks to get visa, will it be ok to say that his job start day is 25.7.2021?

2. He would like to come for 3 years and then extend his visa for 3 more years instead of immediately going for 5 years. Should I now put that job end date is 25.7.2024. or 25.7.2026? Will putting 5 years now force him to apply for 5 year visa or on another note, will putting 3 years now cause him problems in 3 years when he wants to extend his visa? For me it makes sense that I do now 3 years, pay surcharge for 3 years, and he applies for 3 years visa. Then when the time comes, I extend his employment, apply to extend his sponsorship and he can extend the visa. Please let me know how should I do this.

Thank you!

If you want to sponsor him for 3 years put the work start date as, say, 25/07/21 but then the work end date should be 24/07/24 (to be within the 3 year period).

If there is any delay getting his visa you can always change the work start date by simply adding a sponsor note to the CoS.

In 3 years time you'll need to assign him a new (undefined) CoS and if he meets the requirements there shouldn't be any problem extending his permission (visa).

Thank you for really fast and straight answer!

manci wrote: ↑

Sat Jun 19, 2021 3:52 pm

MarkCa wrote: ↑

Sat Jun 19, 2021 12:03 pm

it says that number can arrive in one day, which is incredible.

pinch of salt needed

So, reality is that after I applied, next day I received list of documents I should send and upon sending them I received auto-response stating that they will look into it and not to chase them for 3 weeks. After those 3 weeks passed, I sent an email, and my defined cos was granted about 25 days after I applied.

I have one question now - when I want to assign it to person I want to sponsor, there are the following fields:

Passport Number
Family name
Given name
Date of birth
Nationality
Status - shat should I put as status? What does it even refer to?

Thanks!

are you using the correct process as per SMS Manual 12, Guide 4?

https://assets.publishing.service.gov.u ... PBS830.pdf

From the Apply for defined CoS screen, select Granted applications, - create and assign defined CoS.

MarkCa wrote: ↑

Tue Aug 03, 2021 4:31 pm

o, reality is that after I applied, next day I received list of documents I should send and upon sending them I received auto-response stating that they will look into it and not to chase them for 3 weeks. After those 3 weeks passed, I sent an email, and my defined cos was granted about 25 days after I applied.

When applying for an defined CoS, the Home Office can request further information regarding the role, how the individual was identified, etc. The 1 day turnaround time, which should be taken with a pinch of salt, only applies when no such request is made.

Dear Manci,

Thank you so much for your help!

Applicant applied for his visa and we are now waiting the decision. Status that I mentioned two posts above actually was updated by them when I assigned cos to his name and that was all.

I have a new question. I am looking now for more employees (chefs), but I haven't identified the individual yet. I just want to be ready so when I do find him/her we can apply asap.

Do you think that if I apply and say this I will be less likely to receive cos compared to when I have identified individual?

Also, should I mention that hospitality industry is facing huge staff shortages (as covered by media more or less on daily level)? Would this help?

Thanks!

If recruiting from abroad you need to apply for a defined CoS and that is not possible without providing the personal details of the candidate.

For recruiting from within the UK you'll need undefined CoS allocations which can be applied for if you don't have any. The standard processing time is quite long but there is an expedited service that costs £200.

The labour situation in the hospitality industry is well known, there is little point reminding the HO. Chefs are not on the shortage occupation list at present.

Thanks for the answer!

When I received defined cos, it wasn't assigned to a person. Also, when I was supposed to send supporting documents, for candidate it says "if candidate has been identified".

Are you certain that I cannot apply unless person gas been identified?

I am happy to share a list of supporting documents that I was asked to provide if that is for any reason necessary.

Thanks!

[

MarkCa wrote: ↑

Sat Aug 28, 2021 2:04 pm

If recruiting from abroad you need to apply for a defined CoS and that is not possible without providing the personal details of the candidate.

Correction - this is now possible. The process is described in SMS Manual 12, Guide 1
https://assets.publishing.service.gov.u ... PBS830.pdf

What type of additional information / documents did the HO ask for after you applied for the defined CoS? Did it relate to the role or the business? If the HO were happy with what you sent them the next application shouldn't take 25 days to process - the standard processing time is 1 working day!

Well, guess I will try. Last time they didn't respond for over 3 weeks and responded only after I chased them (obviously they would have responded anyway, but it might have taken longer, there is no way to know).

I will try to apply and if it fails not a big problem, fee is payable anyway only when I actually assign the granted certificate to the person.

Here is the copy of what they sent, it is a bit longer but it will be helpful. Just to confirm, it is for a restaurant position, so some questions are directed towards that. I will mark with bold where they mention if the individual has been identified (probably meaning that they would have considered it even if not) :

To help us to determine if the job for which you are applying meets these criteria, matches the occupation code you have selected and is eligible for points for skill level and/or salary on the Skilled Worker route, you must provide the following information:
• Please include within all correspondence the DCoS URN for the application(s) you are referring to.
• Please confirm which option under ‘Tradeable points for salary and other attributes’
• A full job description for the post above, including the minimum experience and/or qualifications required.
• A copy of the contract of employment for the post above. The contract must clearly state the salary on offer and any allowances and/or deductions. It must also state the normal number of hours to be worked per week. Please indicate whether breaks are paid or unpaid.
UK Visas & Immigration (UKV&I) recognise that in certain circumstances, you may not have an actual contract of employment in place at present. Therefore, we will accept a dummy contract or written clarification of the gross salary to be offered (and any allowances and/or deductions) and the weekly hours to be worked.
• Where an individual has been identified for this position, confirmation of their name, nationality and date of birth and evidence of their current immigration status – whether they are in or out of the UK.
• Please provide details as to how you recruited and identified the migrant you have selected for the vacancy.
• Please provide copies of previous / current employment references. These should state the job title(s); start and end dates of employment and provide a brief outline of previous duties and responsibilities.
• If the migrant is currently employed by you, please provide a copy of their current passport; Biometric Residence Permit (BRP) / current visa details as well as copies of the last 3 months payslips, P60 and brief details of their current role and job title.
• An organisational chart for your establishment outlining each job and its position within your organisational hierarchy, including salary details for each job, which posts are currently filled by migrant workers identifying these workers by name and position, and any current vacancies you have.
• Copies of menus and other promotional materials for your establishment.
• Number of covers.
• Photographs of your establishment including Spam area, service area, patron area and establishment frontage.

You have done well answering the HO's extensive additional questions as a result of which you obtained the defined CoS albeit with some delay

You may be interested in the history of chefs in the PBS. Originally there was a lot of abuse of the system and this resulted in the HO tightening the requirements. Only a year ago chef had to have a min salary of £29k+ after deductions for accommodation and meals, min 5 years experience, and could only be executive/head/ sous chefs or speciality chefs. Recently the rules have been relaxed a great deal but the flipside of the coin is that the HO are still asking for a lot of additional information, as you have experienced.