The Home Office recently announced an update to the Skilled Worker visa requirements. From 7 August 2023, Skilled Worker applicants will need to meet the new “genuineness requirement”.
What is the new Genuineness requirement?
As part of a Skilled Worker application, the caseworker will need to be satisfied that the migrant:
- Genuinely intends to undertake the role
- Is capable of undertaking the role
- Does not intend to undertake employment other than in the role for which they are being sponsored (there are some exemptions)
How will the Home Office assess this?
The Home Office may ask for additional information or may request that the applicant attend an interview in order to be satisfied that the genuineness requirement has been met.
During this assessment, the Home Office may take into account the applicant’s knowledge of the role, relevant experience and skills, knowledge of the sponsor in the UK and how they were recruited.
Failure to provide the information or attend the interview could lead to the refusal of the application.
Will all applications be scrutinised further?
The Home Office guidance states that caseworkers will not usually need to undertake further checks to establish that these requirements are met. This should only be done if, among other things, the caseworker has concerns that the employer is assigning unusually large numbers of Certificates of Sponsorship for the same type of role, there are reasonable grounds to suspect the applicant will not be working in the role, or there are other concerning factors.
To avoid any delays or issues, it may be worth submitting additional supporting documents to satisfy the genuineness requirement as part of new Skilled Worker visa applications.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. 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 Twitter, 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.
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