How to prove a “genuine vacancy” for the Skilled Worker visa
When employers are looking to recruit skilled migrant workers, the resident labour market test is no longer applicable. The Skilled Worker visa has replaced the Tier 2 (General) work visa. It allows people from outside of the UK to obtain work with an approved employer in an eligible job in the UK.
For those employers who do not believe that their business needs can be met by employing solely within the UK labour market, then they may want to consider applying for a skilled worker licence, otherwise known as a sponsor licence.
What is a “genuine vacancy”?
Put simply, a company must have a genuine need to hire for a role within the business.
The Home Office look at whether a role actually exists within a company to show that the individual is being employed for genuine reasons and that the role was not created specifically for the overseas national. They also look at whether the job description has been exaggerated and whether the details are appropriate for the company. In other words, the job should be authentic to the needs of the company and not be tailored for an individual.
How do you prove a “genuine vacancy”?
If employers do not advertise a role, they must be able to explain how they recruited a migrant worker. If a role is advertised, proof of such can be shown by using the following:
- A screenshot of the advert
- A link to the website of where the job was advertised
- A copy of the text provided for the advert
- Information about how long the role was advertised
In addition, it is advised that a record of the number of people who applied for the job is kept, along with those shortlisted and interview notes.
The Home Office may also ask to see a list of common interview questions used for all candidates as part of the recruitment process and the scoring or grading system that the company use to identify successful candidates. This is to show the process that employers used to hire the individual and the thinking behind why that person was more suitable than others.
Should you have any queries regarding the above information or if you require assistance with your corporate, employment or immigration matter, please get in touch with a legal professional at Hudson McKenzie via email at firstname.lastname@example.org or by telephone +44(0) 20 3318 5794.
The information provided does not amount to legal advice, if you require legal advice on this matter please contact one of our professionals at Hudson McKenzie.