At Gherson, we frequently advise UK businesses exploring the possibility of sponsoring overseas workers. One of the most crucial – and often misunderstood – aspects of the sponsorship process is the Genuine Vacancy requirement. For sponsors, understanding this requirement is not just about ticking a compliance box; it is about protecting your business and ensuring long-term success with the Skilled Worker, Global Business Mobility and Scale-up routes.

What is the Genuine Vacancy requirement?

To sponsor a migrant worker under the Skilled Worker, Global Business Mobility and Scale-up routes, the vacancy you are offering must be genuine. This means the role must truly exist within your organisation and reflect a legitimate business need. It should align with your company’s operations, and the duties must correspond accurately to the selected occupation code (SOC).

In other words, the role cannot be created simply to facilitate a visa application, nor can it be a ‘position in name only’ without real duties, appropriate skills or a market-rate salary. For instance, offering a position titled “Operations Manager” to a relative when your business comprises just two employees is likely to attract Home Office scrutiny.

How the Home Office assesses genuineness

The Home Office conducts thorough checks to verify the legitimacy of roles associated with a Certificate of Sponsorship (CoS). These checks may take place at the application stage, when assigning a CoS or during a compliance visit. They will examine several factors, including:

• Your organisation’s nature, size, business activity and trading history
• Evidence of an actual need for the role within your team
• Alignment between job duties and the SOC code
• Accuracy of the salary reflecting market standard for that role
• Evidence of monitoring employee attendance at work.

You may be asked to provide supporting documentation.

Even when no issues are apparent, sponsors may be subject to unannounced visits as part of routine compliance monitoring. This is why it is essential to maintain accurate records and ensure your HR systems are fully audit-ready.

Best practices for sponsors

To reduce the risk of compliance issues, we recommend sponsors to do the following:

• Be precise in job descriptions: Ensure the job title and responsibilities match the selected SOC code and are clearly linked to your business needs.
• Document your recruitment process: Keep evidence of advertising, shortlisting and interviews.
• Keep alignment in focus: The role must make commercial and operational sense within your business.

Why compliance matters

Failure to meet the Genuine Vacancy requirement can have serious implications. It may lead to the refusal of a visa application, suspension or revocation of your sponsor licence and result in reputational damage. With sponsorship compliance under increasing scrutiny, due diligence has never been more important.

Gherson Solicitors can help

Our Business Immigration team regularly supports companies across a wide range of sectors in navigating sponsor compliance and preparing for Home Office inspections. Whether you are applying for a sponsor licence for the first time or assigning a CoS to a new employee, we provide practical, tailored advice to ensure every step meets regulatory expectations.

If you would like expert guidance on the Genuine Vacancy requirement or any other aspect of UK sponsorship, please get in touch with our team today.

Updated: 11 April 2025

If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2025

View all news & Insights