Genuine Employment as a key consideration for the UK Skilled Worker Visa
When applying for a UK Skilled Worker Visa, there are several critical factors to keep in mind. One of the most important aspects is ensuring the genuineness of the employment being offered. Let’s break down what this means and look at a real-life example of how this requirement can impact the visa process.
What is Genuineness of Employment?
The genuineness of employment refers to the UK Home Office’s requirement that the job offered to a foreign worker is legitimate, meets certain skill levels, and satisfies salary thresholds. The goal is to prevent misuse of the visa process for purposes other than genuine employment, ensuring the system is used appropriately.
To hire a worker from outside the UK (including EU nationals who arrived after January 1, 2021), employers must have a Sponsor Licence, which is an authorisation granted by the UK Home Office. With this licence, employers can assign a Certificate of Sponsorship (CoS) to foreign workers they intend to hire. The CoS is not a physical document but rather an electronic record in the Home Office’s system, which includes details of the job, salary, and employer.
Key Requirements for Genuine Employment
For the Home Office to consider a job offer genuine, it must meet specific criteria:
- Skill Level: The position must require skills that the foreign worker possesses.
- Salary: The salary offered must meet the minimum threshold set by the UK government for that particular role.
These requirements help to ensure that the job is real and not created solely to bring someone into the UK under false pretenses.
Real-Life Case
Let us take a look at a real case held by Alexandra Mokrova where the genuineness of employment came under scrutiny.
The applicant in question was the son of a director of a non-UK branches of the company that held a Sponsor Licence in the UK. A client applied for a Skilled Worker Visa, but there was a potential issue.
According to UK immigration rules, someone in the company who manages the sponsorship process cannot assign a CoS to a close relative, such as a spouse, parent, or child. This is to avoid any potential conflict of interest or abuse of the system.
Therefore, this rule raised a red flag for the team, and Alexandra Mokrova conducted thorough research to avoid a potential refusal when assigning the CoS from the Home Office.
In this case, the applicant’s father, who was a director, was not the primary director of the UK-based company holding the Sponsor Licence. As a result, there was no violation of genuineness requirement. After careful review by Alexandra Mokrova, the CoS was successfully obtained for the applicant.
Additional Challenge: Spouse Visa
Once the CoS was granted, another issue arose. The applicant wanted to bring their newlywed spouse to the UK, but they had only been married for a month before submitting the application. UK immigration rules require couples to provide evidence that they have lived together for at least two years to prove the relationship is genuine.
In this case, the team had to provide additional documentation and explanations about the couple’s relationship and living arrangements. Despite the initial challenge, the team successfully demonstrated that the relationship was genuine, and all visas were granted.
Conclusion
When applying for a UK Skilled Worker Visa, the genuineness of employment is a critical factor. Ensuring that the job offer is legitimate, meets skill and salary thresholds, and complies with UK immigration rules is essential to a successful application.
