The Genuine Vacancy Test

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What is the Genuine Vacancy test?

The genuine vacancy test applies to individuals who are applying for a Skilled Worker visa. When a foreign worker is offered a role, an employer must demonstrate that the role offered is “genuine”. Employers need to ensure that the job being offered is eligible under the Skilled Worker visa and it meets the minimum salary requirements. 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.

When assessing whether the role is genuine, the Home Office will consider the following:

  1. Does the role actually exist?
  2. Has the description been exaggerated?
  3. Has the role been created primarily to enable an overseas national to come to, or stay in, the UK?
  4. If the role has been advertised, are the requirements listed inappropriate or incompatible with the business? Have they been tailored to exclude resident workers?

If the Home Office has reason to believe that the job being sponsored is a sham, does not exist or is solely created for the purpose of obtaining a Skilled Worker visa then the application will be refused. 

Call now to speak to an immigration expert on 0203 5245439.

Evidence of Genuine Vacancy 

The Home Office outlines in Appendix D it requires evidence from sponsors to prove that job vacancies are genuine. 

If the sponsor recruited the foreign worker, then any recruitment activity undertaken to find the Skilled Worker applying for a visa must be retained. If the sponsor did not advertise the role, then it must explain how the foreign worker was recruited so that the Home Office can properly assess if the job vacancy is genuine.

If the sponsor advertised the job vacancy, then it must retain as evidence:

  • Details of any advertisements you placed including a screenshot, printout or photocopy of the advert, or a record of the text of the advert; and information about where the job was advertised and for how long.
  • A record of the number of people who applied for the job, and the number of people shortlisted for interviews or for other stages of the recruitment process. 
  • At least one other item of evidence or information which shows the process you used to identify the most suitable candidate such as a copy or summary of the interview notes for the successful candidate or brief notes on why the successful candidate was selected and why other candidates were rejected.

How can NA Law Solicitors Help you Meet with the 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 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.

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