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Understanding Minor and Significant Errors in Sponsorship (CoS) and Amendments Allowed

By understanding the distinctions between minor and significant errors, sponsors can maintain compliance with UKVI requirements and ensure a smooth sponsorship process for their migrant workers.

The Certificate of Sponsorship (CoS) is a vital document in the UK’s sponsorship system, enabling licensed employers to sponsor migrant workers under various immigration routes. However, errors in a CoS can occasionally occur. While some mistakes are easily amendable, others may require withdrawing the CoS and assigning a new one. Below is a comprehensive guide on the types of errors that can be corrected and the appropriate methods for doing so.

Amending or Updating a CoS

Once a CoS has been assigned, sponsors can use the ‘sponsor note’ feature to make specific amendments or provide additional clarifications. This functionality is only available for CoS entries with the status of ‘Assigned’ in the Sponsor Management System (SMS).

Examples of Amendments:

Start or End Dates: If there’s a change in the worker’s start or end date, you can add a sponsor note to reflect the updated timeline.

Salary Details or Working Hours: Sponsors can update salary figures or amend working hours if discrepancies are identified or changes are required.

Providing Clarifications: Example: For a Health and Care Visa, use the sponsor note to explain the worker’s eligibility.

Correcting Minor Errors on a CoS

Minor errors that do not impact the overall validity of the CoS can typically be corrected without withdrawing it. For instance:

Mistyped Name or Date of Birth: If a single typo is identified in the worker’s personal details (e.g., a misspelled name or an incorrect digit in the date of birth), you can use the sponsor note field to amend the error.

⚠️ Note: If errors occur in multiple fields of personal details (e.g., name and date of birth), a new CoS may be required.

Adding Clarifications: For additional information or minor corrections, the sponsor note field is an effective tool to ensure accuracy without reissuing the CoS.

Significant Errors Requiring a New CoS

Certain errors are deemed too significant to correct using the sponsor note feature. In such cases, you must withdraw the CoS and issue a new one. Examples include:

Wrong Occupation Code: If the assigned occupation code does not match the worker’s actual role, the CoS must be withdrawn and reassigned.

Incorrect Route or Sub-Category: If the worker is placed on the wrong visa route or sub-category, the CoS must be corrected by issuing a new one.

Multiple Errors in Personal Details: When there are errors in more than one of the following:

  • Worker’s surname
  • Worker’s date of birth
  • Worker’s nationality

These errors are considered significant and necessitate reassigning the CoS to avoid potential issues with visa applications.

Reporting Changes After the CoS is Used

Once the CoS has been used for a visa application, amendments cannot be made through sponsor notes. Instead, sponsors must use the ‘Report Migrant Activity’ function in the SMS to notify the Home Office of any changes.

Key Takeaways

  • Sponsor Notes are a flexible tool for amending minor details and providing additional clarifications.
  • Significant Errors require withdrawing and reassigning the CoS to ensure compliance.
  • Always double-check CoS details before assignment to minimize errors and potential delays.

By understanding the distinctions between minor and significant errors, sponsors can maintain compliance with UKVI requirements and ensure a smooth sponsorship process for their migrant workers.

Also read:

Sponsor License Reinstated after successful Judicial Review Victory, Safeguarding Client’s Business and Employees

Suspended Sponsor Licence Reinstated for Care Provider

Click here for more success stories.

How Nara Solicitors Can Help

Our Services Include:

  • Sponsor Compliance and Audit Services Ensuring adherence to the immigration rules and wife UK laws. Conducting audits to identify risks and ensure compliance with Home Office requirements.
  • Sponsor License Management Assistance in applying for, renewing, or managing your sponsor license. Providing training and guidance to HR teams on sponsor duties and compliance.
  • Representations Against Suspension or Revocation Filing representations against suspension or revocation to help you retain your license and continue operations
  • Judicial Review Challenges Challenging sponsor license revocations in the High Court through Judicial Review to protect your rights and address unlawful decisions.

For more information, Contact us now.

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