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.

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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.

Frequently asked questions (FAQs)

You need a sponsorship licence if you plan on hiring employees from outside the EEA.

To meet the requirements, you must:

  • be a genuine business or sole-trader which is legally operating in the UK.
  • be able to demonstrate a genuine need for migrant workers.
  • have no unspent criminal convictions for immigration offences, money laundering, or fraud.
  • not pose any kind of threat to the UK via your company or any of its personnel.
  • not have a history of failing to carry out sponsorship duties.
  • have organised HR systems and records.

The Home Office fee depends on the type of business you have. For small businesses and charities the Tier 2 sponsorship fee is £536. For medium and large businesses the Tier 2 sponsorship fee is £1476. You are a small business if you have an annual turnover of £10.2 million and less than 50 employees.

Some of the most common reasons for Tier 2 sponsor visa rejection are:

  • Non-compliance with the Home Office security standards
  • Failing the genuineness test
  • Failing to retain documentation on sponsored migrant workers

The Home Office will award you with a license rating. Your business will be placed on the UK Sponsorship Licence register. You will be able to issue Certificates of Sponsorship. Your license will be valid for 4 years.

Applying for a Tier 2 Sponsorship Licence is a lengthy and complex process. NA Law Solicitors can assist with your business immigration needs by managing the entire Tier 2 Sponsorship Licence application process. We can help you adhere to your duties as a Tier 2 sponsor and steer you towards a successful outcome. Subsequently, NA Law can assist with the following:

  • Tier 2 Sponsorship Licence applications
  • Audit existing HR and record keeping systems
  • Acting as a key contact and/or level 1 user for your Tier 2 Sponsorship Licence
  • Advising on Right to Work checks as set out by the Home Office guidance
  • Applying for a restricted or unrestricted CoS and assigning it to the relevant workers
  • Advising on how to deal with closure notices and civil penalty notices
  • Assisting multi-nationals to bring their overseas staff to the UK via the Tier 2 Intra-company Transfer visa route
  • Advising on Brexit-related issues faced by EEA national workers
  • Advising on all other corporate immigration matters

During the sponsor licence application, the Home Office may come to conduct a compliance visit at the company premises. Our specialist team at NA Law Solicitors can conduct a mock audit for you. This will decrease the chance of an unsuccessful sponsor licence. Contact us for further information, advice or guidance.

Most applications are dealt with within 4 weeks. UKVI will contact the applicant once a decision is made.

Prior to making a decision on a Student sponsorship licence application or as a means to ensure a sponsor is adhering to its Student sponsor duties, UKVI may make an unannounced visit to inspect the sponsor’s HR policies and confirm they have sufficient measures in place to fulfil their obligations.

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