Genuineness considerations in the Skilled Worker and Intra-Company routes
Produced in partnership with Malini Skandachanmugarasan of Doyle Clayton
Genuineness considerations in the Skilled Worker and Intra-Company routes

The following Immigration practice note produced in partnership with Malini Skandachanmugarasan of Doyle Clayton provides comprehensive and up to date legal information covering:

  • Genuineness considerations in the Skilled Worker and Intra-Company routes
  • The tests
  • Definition of genuine vacancy
  • Genuineness tests in practice
  • Pre-licence questionnaire
  • Home Office application of the genuineness tests in applications for entry clearance or permission to stay
  • Assessing a genuine vacancy
  • Applications for entry clearance and permission to stay—supporting documents
  • Credibility interviews

From 6 November 2014, applications for entry clearance and permission to stay in the Skilled Worker (formerly Tier 2 (General)) and Intra-Company (formerly Tier 2 (Intra-Company Transfer)) categories have been subject to several subjective genuineness tests, following concerns about abuse of the previous objective regime.

The initial 2008 model for sponsored employment under the Points-Based System was essentially one of self-certification—employers were required to sign up to and put in place rigorous compliance systems in order to obtain a sponsor licence, and thereafter would be able to issue their own Certificate of Sponsorship (CoS) (subject to occasional compliance visits and other checks to see that they were still fulfilling their sponsor duties, including correctly issuing CoS). This principle was slightly diluted with the introduction of what became known as restricted CoS at the time of the introduction of the interim limits in Tier 2 (General) in July 2010, and a separate application process was introduced for those CoS, but the information requested for restricted CoS applications was very limited.

The Sponsor Guidance has always stipulated that a role for which a CoS is issued must be a genuine vacancy, and the concept of a role being a genuine vacancy was also a requirement under previous work permit arrangements. Until April 2014, there was no guidance as to:

  1. what the term genuine vacancy meant in the context

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