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A Last-Minute CoS Application Crisis—and How We Solved It in 3 Days

Written by Alex De Guzman | Nov 13, 2024 6:24:44 PM

How We Helped a Care Provider Secure a Certificate of Sponsorship (CoS) in 3 Days—Why a Compliance Audit is Essential for Success

 

A Last-Minute CoS Application Crisis—and How We Solved It in 3 Days

Imagine this: you’re six weeks into waiting for your Certificate of Sponsorship (CoS) approval, your worker’s visa is about to expire, and the pressure is building. For care providers, securing a CoS is often a race against time, and any small error in the CoS application process can create serious setbacks.

Last week, a care provider came to us after weeks of trying to secure an undefined CoS to renew a worker’s visa. Their worker’s visa was due to expire on 14th October, and without an approved CoS, the worker would be at risk of overstaying—a situation that could bring legal and operational disruptions.

Here’s what we did to secure their CoS in just three days—and why a compliance audit is the first step every care provider should take before applying for a CoS.

 

 

 

Our Step-by-Step Approach to a Successful CoS Application

When they contacted us on 11th October, we knew immediate action was essential. Here’s our approach that led to fast results:

  1. Immediate Legal Review of CoS Application Gaps
    Our first move was a thorough review to identify the compliance gaps delaying their CoS application. Within hours, we mapped out the issues and developed a clear, actionable plan to move forward.
  2. Issuing a Letter Before Action (LBA)
    We issued a Letter Before Action to the Home Office—a formal, urgent request that brings critical attention to the CoS request. This legal tool helps ensure that the case is prioritised, fast-tracking action in urgent CoS situations.
  3. Protecting the Worker from Overstaying
    To secure the worker’s legal status, we submitted a visa extension application. Overstaying can lead to severe immigration penalties, including re-entry bans, so this was a precaution we couldn’t overlook.

 

The Outcome: By 16th October, the CoS request was granted. The care provider secured their valuable team member, maintained business continuity, and avoided compliance risks.

 

 

Why a Compliance Audit Should Be Step One Before Applying for a CoS

While we managed to help this client in the nick of time, a compliance audit could have prevented this last-minute stress. In fact, 60% of CoS application rejections come from issues that a compliance audit would identify and address in advance.

Here’s why conducting a compliance audit is critical before starting the CoS application process:

  1. Assessing Operational Capacity for CoS Applications
    Our compliance audit includes a complete review of your immigration status monitoring, HR, and recruitment systems. This audit ensures that your business has the resources (hours, budget, and workload) to support a sponsored role. Without this confirmation, inaccurate information on your CoS application can raise red flags with the Home Office, leading to delays or denials.

  2. Verifying the Genuine Need for the Sponsored Role
    Did you know that 1 in 5 sponsor licences are revoked due to non-genuine vacancies? Our compliance audit checks that each role is necessary, confirming its legitimacy as part of your operations rather than a “placeholder” for sponsorship. This step helps reduce the risk of revocation and ensures your CoS application aligns with Home Office expectations.

  3. Ensuring Salary Compliance in Your CoS Application
    During our audit, we verify that your salary offer meets Home Office requirements and is within your budget. Misrepresenting salary information is a major red flag and one of the most common reasons for CoS application rejections. A compliant salary offer helps avoid licence suspension or revocation.

  4. Strengthening Your Documentation and Record-Keeping
    Our compliance audit includes a thorough check of your record-keeping and recruitment practices, ensuring compliance with Sponsor Guidance Appendix D. I’ve seen care providers lose their sponsor licence without even a Home Office visit—simply due to compliance breaches in submitted documents. Our audit catches these issues early, securing your licence and protecting your business.

 

In short, skipping a compliance audit is a risk not worth taking. An audit ensures that every detail in your CoS application is accurate, compliant, and backed by your business operations, giving you peace of mind and a much smoother path forward.

 

The Role of Our Compliance Audit in Smoothing the CoS Application Process

Think of a compliance audit as the cornerstone of a successful sponsorship journey. Conducting an audit before submitting your CoS application doesn’t just prevent errors—it actively creates a secure, streamlined process for future applications. Here’s how our compliance audit covers every base:

 

  • Operational and Financial Assessment: We assess whether your business has the hours, budget, and structure to fully support the role.
  • Role and Vacancy Validation: We verify that each position is a genuine vacancy, reducing the risk of revocation and ensuring a solid CoS application.
  • Salary Verification: We ensure that your offered salary meets all Home Office standards, preventing costly application rejections.
  • Document Review and Record-Keeping: We rigorously check your records to meet Home Office requirements, addressing any gaps that could otherwise lead to penalties.

 

With this solid foundation, applying for a CoS becomes a straightforward, stress-free process. Should any issues arise, our team is here to support you every step of the way.

 

What This Means for Your CoS Application

If you’re dealing with CoS application delays, compliance concerns, or are unsure about your eligibility, a proactive compliance audit can be your lifeline. In today’s immigration landscape, even minor missteps can lead to CoS rejections, revocation of sponsor licences, and disruptions to your care services.

Our compliance audit isn’t just another box to tick; it’s a vital safeguard. It’s the most important first step in a compliant sponsorship process, identifying potential issues before they escalate to the Home Office and giving you the confidence to move forward with every CoS request.

 

Take Charge of Your Sponsorship Process Today

If you’re facing CoS application delays, compliance concerns, or simply want to be fully prepared, now is the time to act. A compliance audit can protect you from major risks, allowing you to focus on providing high-quality care without constant worry.

 

 

Ready to make your CoS application process smooth, compliant, and stress-free?

Contact us today to learn how we can support your business.