The Genuine Vacancy Test
Sponsors seeking to recruit workers via the Skilled Worker or Intra-Company Transfer routes must satisfy the Home Office, if required, that they can offer genuine employment that meets the relevant salary and skill level of the route. This is known as the genuine vacancy test.
What will the Home Office assess?
The Home Office can consider a range of issues including:
- does the role actually exist?
- has the description been exaggerated?
- has the role been created primarily to enable an overseas national to come to, or stay in, the UK?
- if the role has been advertised, are the requirements listed inappropriate or incompatible with the business? Have they been tailored to exclude resident workers?
Is a Resident Labour Market Test still needed?
It is no longer necessary for employers to conduct a formal resident labour market test as they used to have to do under Tier 2 (General).
However, the Home Office can ask for information on how and why an individual has been offered a role. If they do not consider that the genuine vacancy test has been met, they can refuse to grant a defined CoS, refuse an application for a visa or initiate alternative enforcement action.
Genuine Vacancy Test: How we can help
Our immigration experts are able to provide advice and guidance in relation to a sponsor’s duties and can provide detailed advice regarding the Genuine Vacancy Test.
If your organisation requires legal assistance in this area or would just like to discuss your situation with a member of our team, please contact us or complete our enquiry form below.