What is the Tier 2 Genuine vacancy test ?
The Home Office introduced the Tier 2 Genuine Vacancy test in November 2014. This applies to migrants who are sponsored under the Tier 2 route. When a non- EEA migrant is offered a role, an employer must demonstrate that the role offered is “genuine”. They will also need to ensure that the position is at the required “skill level” which is usually at NQF level 6 or above and ”appropriate rates of pay”. The Genuineness test can involve a Resident Labour Market test, in which an employer must prove that the role they are seeking to fill with a non-EEA migrant cannot be filled by a UK or EEA national. All these requirements are designed to prevent employers from hiring overseas workers when there is no real need for it, or where the migrant is simply seeking to secure visa status.
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What are the rules and requirements Tier 2 Sponsorship Licence holders must follow?
In addition to remaining compliant with UK immigration rules, Tier 2 Sponsorship Licence holders must meet a number of requirements when hiring non-EEA nationals from outside the European Economic Area. This includes demonstrating that the employer, the need for an overseas worker and the role advertised are genuine. If the Home Office is not convinced of the genuineness of these aspects, an application for a Tier 2 Certificate of Sponsorship (Cos) may be refused. There are several factors which the Home Office will take into consideration:
Do you have a genuine need for a Tier 2 Sponsorship Licence?
Examples of where vacancies are not considered genuine include advertisements with requirements that are not appropriate for the job on offer or an incorrect job description.
Is the job offered a “genuine vacancy”?
The Home Office will examine the genuineness of each job offer and use different methods to assess it. One method is the Resident Labour Market test. The employer must complete this to demonstrate that no UK/EEA national can be found for the role and it can therefore only be filled with an overseas migrant.
Before offering a job to a non-EEA migrant, employers must advertise the job offer in question on an approved job advertisement platform in the UK for 28 days. The employer may offer the job to an overseas migrant if no suitable applicants can be found.
Is the Tier 2 migrant appropriately qualified and experienced for the job?
Employers wishing to hire a non-EAA migrant need to make sure they are not hiring under-qualified migrants. Evidence must be provided in the application if the migrant intends to pursue appropriate qualifications when they begin the job.
How can NA Law Solicitors help you meet with the Tier 2 genuine vacancy test?
We are a niche immigration law firm that specialises in this area of law. Our team of specialist immigration lawyers can assist you with the entire process of applying for a Tier 2 Sponsorship Licence and meeting the Genuineness test.
Get in touch with our team for a case assessment where we will discuss your case and identify the options you have.