UK Business Immigration: Tier 2 Genuine Vacancy Test

On 16 October 2014, the Home Office published the Statement of Changes in Immigration Rules. We have reported on everything from the changes to business visitors to changes relating to the Points-based system. One of the substantial changes to the Tier 2 category is the ‘genuine vacancy’ test which applies to Tier 2  (Intra-Company Transfer) and Tier 2 (General) migrants from 6 November 2014.

The Tier 2 Genuine Vacancy Test

Then UK employers and companies are applying for sponsorship licences they must be able to show that they can offer genuine vacancy that meets the Tier 2 requirements on skill level and appropriate rate. The Home Office has now introduced requests for additional information to ensure the genuineness of the vacancy being advertised. Your application will be refused  for the following:

  • The job described in the CoS does not genuinely exist
  • The job role has been exaggerated to meet the Tier 2 category threshold requirement
  • The job advertisement has been tailored to exclude worker from the UK
  • The applicant is not qualified for the job

The additional requests generally occur after a sponsor has applied for a restricted Certificate of Sponsorship. Migrants who apply for entry clearance or leave to remain in the Tier 2 category must pass the ‘genuineness vacancy’ test. This means that the Home Office must be satisfied that you are in the UK with the intention to start or are capable of undertaking a job role for which the Certificate of Sponsorship states.

Changes to the Home Office Tier 2 Guidance

In November 2014, changes have been made to the Tier 2 & Tier 5 of the Points-based system guidance for sponsors. Some of the changes are the following:

  • The Home Office may use information sponsors submitted with their application throughout the process or during the period the sponsorship licence is valid.
  • Checks on employees and other individuals involved with your company may be carried to validate your suitability  for sponsorship.
  • The Home Office will not accept a reduction in salary due to the economic downturn. This has been replaced with an explanation of salary for nurses undertaking OSCE.

Successful UK Tier 2 Visa Applications

Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law.

We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment.

Contact us so that we can review your case and provide you with an assessment.

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