Genuineness Test for Skilled Worker Visa

The genuine vacancy test was introduced from 07 August 2023. This requires the employers to establish that the job role they are recruiting the individual for does actually exist and the description is not exaggerated. The Home Office should be satisfied that the role was not created for an overseas national to come to the UK.

If the role has been advertised that the employers should make sure that the requirements listed are not inappropriate to the business and have not been tailored to exclude resident workers in the UK.

The Home Office may request further information where they are concerned that the role or job title is not genuine.

There is a possibility that the Home Office may want to investigate whether the applicant has the required skills and education for the role they are being recruited for.

Resident Labour Market Test

It is not necessary for the role to be advertised; however, the Home Office would want to know how and why the applicant was recruited by the company. It would still be a good practice for the employers to carry a proper recruitment process before they hire anyone. You must keep records of advertisements and show the people who may have applied for the role and why you have recruited a certain individual in comparison to a UK resident who did not need to be sponsored.

Visa and Migration Ltd provides expert guidance to employers for their sponsor licence and Certificate of Sponsorship allocation and assignment process. If you are looking for expert advice you can call us on 02034111261 or email us – info@visaandmigration.com