Skilled Worker Visa Extensions: What Employers Need to Know About the CoS Exception
In most cases, extending a Skilled Worker visa without a valid Certificate of Sponsorship (CoS) is a non-starter. The CoS is the cornerstone of sponsored employment in the UK—it confirms the job offer, salary, and compliance with Home Office requirements.
However, in very limited and exceptional circumstances, an employee may submit an extension application before receiving their CoS, and the Home Office may agree to place the case on hold—buying both employer and worker crucial time.
Here’s what every sponsor should know to avoid disruption and safeguard their licence.
The General Rule: No CoS, No Extension
Normally, an employee must have an assigned CoS reference number to apply for a Skilled Worker visa extension. Without it, the application is incomplete and likely to be refused.
The Exception: When the Delay is Caused by the Home Office
If the reason for the missing CoS is due to UKVI’s own delays—such as:
Slow sponsor licence processing
Long CoS allocation wait times
Inability to access the Priority CoS service, despite persistent efforts
…then the applicant can explain this in their application and ask for the case to be placed on hold while the CoS is obtained.
Important: It’s entirely at the caseworker’s discretion to decide whether the delay is genuinely due to UKVI or the sponsor’s own failure to plan ahead.
Case Study 1 – A Home Office-Related Delay
Agatha’s employer, Sponsor A, realised they had no available CoS six weeks before her visa expiry. They:
Applied for a new CoS
Tried daily to access the priority service
Contacted the Business Helpdesk and documented all efforts
Despite best efforts, the CoS wasn’t available in time. Agatha submitted her visa extension application without a CoS and explained the situation clearly. The Home Office accepted this explanation and placed the case on hold.
Once the CoS was granted and assigned, Agatha updated the Home Office, and her application was approved.
Lesson: When delays are clearly UKVI’s fault, and all reasonable efforts are evidenced, the exemption can work in your favour.
Case Study 2 – A Sponsor-Related Failure
Bob relied on assurances from his employer, Sponsor B, that his CoS was sorted. On the day of expiry, Bob discovered there was no CoS available. He submitted the application anyway, hoping for leniency.
The Home Office did not accept the delay as their responsibility, and Bob’s application was refused. He now faces possible removal or the need to leave the UK and reapply.
Lesson: Poor planning and miscommunication by the sponsor won’t be excused. Home Office discretion is limited when the fault lies with the employer.
How to Use the Exception (Carefully)
If relying on the exemption:
Submit the extension application before the current visa expires.
In the form, indicate that no CoS is available.
Provide a clear written explanation of the delay and evidence that it’s due to UKVI (e.g. screenshots of failed priority service attempts, email logs).
Once the CoS is granted, assign it and send the details to the Home Office.
Be prepared for delays—the application may be on hold for weeks.
Risks to Employers:
Your sponsor licence may come under scrutiny.
The Home Office may question your systems, planning, and ability to comply.
This increases the risk of a compliance audit or visit.
Why This Matters
Despite the risks, this exemption can be a lifeline for both employer and worker:
It avoids a break in the worker’s continuous residence (important for settlement).
The employee can remain in the UK and continue working.
The relationship between worker and sponsor stays intact.
But it should be treated as a last resort, not a standard backup plan.
Advice from Tulia
At Tulia Legal & Compliance, we’ve worked with care providers and small businesses who’ve faced this exact scenario. Our advice is always:
• Track visa expiry dates with a 60–90 day buffer
• Apply early for additional CoS allocations if staff turnover is high
• Use the Home Office’s Business Helpdesk proactively—but document every step
• Don’t assume the exception will be granted; plan for the worst, pray for the best
If you’d like help setting up a compliance tracker or want to train your admin team to spot red flags early, we can help.
Need support navigating sponsorship rules or Skilled Worker extensions?
Reach out to our team at Tulia – we’ll help you stay compliant, confident, and connected.
Contact us today for tailored support.
Book a consultation – https://calendly.com/info-56205/business-immigration-consultation?month=2025-07
Send us an email – info@tulia.org.uk
