What will the Home Office assess for a Genuine Vacancy Test?

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?

The Genuine Vacancy Test

Q: How to prove that a role is genuine?

When applying for entry clearance or permission to stay,or if responding to a request,the following documents may help prove the genuineness of a role:evidence of any recruitment processes and how the applicant was identified as suitable for the role;any relevant qualifications held by the successful applicant;nthe job description and details of the role;If the role was not advertised,the sponsor must be able to explain and evidence how they identified the worker was suitable.

Sponsors seeking to recruit workers via the Skilled Worker, Global Business Mobility and Scale-up 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 is a ‘genuine vacancy’?

The Home Office can assess whether a role is a genuine vacancy when considering applications for entry clearance and permission to stay, as well as during compliance visits and investigations.

The definition for ‘genuine vacancy’ can be found in the Sponsor Guidance:

‘A genuine vacancy is one which:

requires the jobholder to perform the specific duties and responsibilities for the job and meets all of the requirements of the relevant route
does not include dissimilar and/or predominantly lower-skilled duties
is appropriate to the business in light of its business model, business plan and scale’.

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?

Sponsors must not assign a Certificate of Sponsorship (CoS) if there are discrepancies between the actual role and the role specified in the selected occupation code. The Home Office may request additional information from a sponsor if they are concerned a role is not genuine.

Is a Resident Labour Market Test still needed?

It is no longer necessary for employers to conduct a formal resident labour market test, which they previously had to do under the Tier 2 route (now Skilled Worker).

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.

Whilst there is no longer a formal resident labour market test, sponsors must still be mindful of how they advertise roles and to keep records of the advertisement process. Such evidence may assist in proving that a role is a genuine vacancy.

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 to apply for a sponsor licence or would just like to discuss your situation with a member of our team, please contact us or complete our enquiry form below.

More FAQs

How to prove that a role is genuine?

When applying for entry clearance or permission to stay, or if responding to a request, the following documents may help prove the genuineness of a role:

evidence of any recruitment processes and how the applicant was identified as suitable for the role;
any relevant qualifications held by the successful applicant;
the job description and details of the role;
If the role was not advertised, the sponsor must be able to explain and evidence how they identified the worker was suitable.

Many of these documents are required to be kept by the sponsor under the Appendix D record keeping duties in any event.

What happens if the Home Office has genuineness concerns?

The Home Office may request additional information and/or evidence from the sponsor or the worker if they have genuineness concerns. They may also request that the worker attends an interview if they believe the applicant is involved in being sponsored for a vacancy that is not genuine. In the worst case scenario, if they have concerns that the role is not genuine, they could initiate compliance action which could place the licence at risk.

What happens if a Skilled Worker visa application is refused?

If a visa application is refused due to genuineness concerns, we recommend seeking legal advice. We would review the decision letter and advise you of the best course of action, including if there may be any grounds to challenge a refusal.