Our latest webinar
New skilled worker sponsorship
Get A Free Consultation
Do not Miss OUT
Our Latest Articles
Victory at the High Court – Munim v Rahman [2022] EWHC 2870 (Ch) (21 November 2022)
Lexpert Solicitors LLP is proud to announce its first reported High Court decision in Bailli...
Positive Developments for families seeking Indefinite Leave to Remain
From 20 June 2022, The Home Office will introduce what is being described as a “simplified” approach for those on the ten-year private and family...
Commercial Eviction Ban Ends Today
Since March 2022 landlords were prevented from exercising rights to end a commercial lease and pursue a tenant for rent arrears. This ban has ended...
Luton man left shocked as his house is ‘stolen’
Since this news broke, I have come to realise that many people are not aware that this is remotely possible. Unfortunately, it is and some people...
Can I Adjourn My Hearing Date?
Most times, hearing dates a fixed by the court without consulting the parties. This can cause problems if the date is inconvenient for any reason....
The importance of challenging DWP refusals
Top Tips for challenging DWP refusals – PIP and ESA The most common types of social security related to illnesses are Employment Support Allowance...
Check out what’s new
Latest News and Updates on Immigration
Understanding the Genuineness Requirement for Skilled Worker Visas: A Guide for Applicants
Understanding the Genuineness Requirement for Skilled Worker Visas: A Guide for Applicants
From 07 August 2023, The Home Office added a genuineness requirement into the Skilled Worker, Global Business Mobility and Scale-up routes. If you are considering applying for a Skilled Worker Visa to work in the UK, it is crucial to understand and meet the genuineness requirement. This requirement assesses your intention, capability, and commitment to undertaking the role described on your employer’s Certificate of Sponsorship (CoS). In this article, I will break down the key points of the genuineness requirement to help you successfully navigate the application process.
1. Genuine Intent: The first aspect of the genuineness requirement is to genuinely intend to undertake the job role specified on your CoS. This means you must have a sincere intention to perform the duties and responsibilities associated with the position you have been sponsored for.
2. Capability: You should be capable of carrying out the role as mentioned on the CoS. This typically involves possessing the necessary skills, qualifications, and experience required for the job. Your relevant experience and skills will be taken into account during the assessment.
3. No Unauthorised Employment: While on the Skilled Worker Visa, you are expected to work only in the role stated on your CoS. Engaging in other employment without proper authorisation or working in roles that violate the visa conditions is prohibited.
4. Providing Additional Information and Evidence: As part of the application process, you may be asked to provide additional information and evidence to support your application. Failure to provide these requested documents within ten working days may result in the refusal of your application.
5. Attendance of an Interview: In some cases, you may be required to attend an interview to assess your suitability for the visa further. It is essential to comply with such requests and provide a reasonable explanation if you cannot attend.
6. Factors Considered During Assessment: The Home Office Caseworkers will evaluate several factors to determine if you meet the genuineness requirement. These factors include:
o Your knowledge of the role you will be performing.
o Relevant work experience and skills that align with the job requirements.
o Familiarity with your sponsoring employer in the UK.
o Explanation of how you were recruited for the position.
o Any other relevant information that supports your application.
7. Additional Checks: In most cases, the information you provide will be sufficient to assess your genuineness. However, the authorities may conduct further checks if:
o There are concerns that a particular sponsor is issuing an unusually high number of CoS for the same role.
o There are reasonable grounds to suspect that you may not be working in the role specified on the CoS.
o Intelligence suggests any links to extremism, terrorism, modern slavery, or other illegal activities.
Meeting the genuineness requirement is essential to obtaining a Skilled Worker Visa for the UK. Demonstrating your genuine intent, capabilities, and compliance with the visa conditions are key to a successful application. By understanding these requirements and providing accurate information and evidence, you can increase your chances of securing the visa and pursuing your career aspirations in the UK.
Shuvagata Dey, Managing Partner, Lexpert Solicitors LLP
Positive Developments for families seeking Indefinite Leave to Remain
From 20 June 2022, The Home Office will introduce what is being described as a “simplified” approach for those on the ten-year private and family...
Webinar on the new skilled workers sponsorship
Lexpert Solicitors LLP is hosting a FREE webinar on the New Skilled Worker Sponsorship Date and time: 16:00 – 17:00 BST on 08 April 2021 Zoom...
Various updated Home Office guidances
Tier 4: temporary concessions for Covid-19 - 16/06/2020 Global Talent applications - 01/07/2020 Public funds - 12/06/2020 Administrative review -...
Updated country policy and information notes on Pakistan, Iraq, Bangladesh, Afghanistan and Albania
Pakistan Iraq Bangladesh Afghanistan Albania
Guidance for Global Talent Applications submitted on or after 01 July 2020
Click below to view/download the Global Talent Guidance: version 07/2020.
Our Recent Articles on Immigration
Positive Developments for families seeking Indefinite Leave to Remain
From 20 June 2022, The Home Office will introduce what is being described as a “simplified” approach for those on the ten-year private and family...
How to make a complaint against your university in the UK
You are studying in a UK university to transform your life. You are a home student and receiving student loan which you will have to start repaying...
Significant obstacles to integration, unduly harsh consequence and very compelling circumstances over and above those – the three exceptions barring the deportations of foreign criminals
Pursuant to section 117C of Nationality, Immigration and Asylum Act 2002 (“NIAA 2002”) and paragraph 398 of the Immigration Rules (“IR”), a foreign...
New UK visa sponsorship for employers
The new UK visa sponsorship system for employers replaces the Tier 2 sponsorship scheme. In many respect the new system is less onerous for the...
Best interests of children in the context of foreign criminals
Thanks to section 55 of the Border, Citizenship and Immigration Act 2009 (which reflects article 3.1 of the UNCRC), as well as cases like Zoumbas v...
Convicted of an offence that has caused “serious harm”?
What is it? Why is this relevant? When an immigrant in the UK is considered as a “foreign criminal” things get extremely tough for that person. For...
Do you have a case?
SEEK PROFESSIONAL HELP NOW!
In legal matters time is precious. The right step at the right time can make things easier for you. So do not leave it till late. Contact us today for expert legal support from our highly experienced, competent, reliable and dedicated team of lawyers. Book an appointment with us to discuss your case. We provide up to 20 minutes’ free consultation by phone. Longer appointments are available from £100 plus VAT.
Should you require
Our Consultation Service
We provide
Free
Up to 20 minutes for new and prospective clients in a number of practice areas. This is provdied over the phone.
Paid
£100 plus VAT for first hour. For longer appointments please ask for a quote. Weekend and after hours appointments are also available.
Premium
We would come to your place, anywhere in London. Price starts from £200 plus VAT. Travel costs are applicable.
Services
What We Can Do For You
We provide a wide range of legal services. Whatever your legal issues are, there is a chance that we might be able to assist you. Click here for a list of our services.
Our Specialties
WE TRULY care for our clients
Get in tought to engage our services
Reliable, Competent, Experienced
Expeditious service
Incredibly high success rate
Highly recommended by our clients
Honest advice
Clear fee structure
Know what you pay
We are resourceful
Well connected with experts, surveyors, enforcement agents
Flexible appointments
Mobile service – we can see you at your place
No win no fee personal Injury cases
Discount on referrals
Pro bono for suitable cases
General Enquiries
Our values
- Openness, integrity and trust
- Commitment and accountability
- Dedication and distinctive service
- Expertise and continuous improvement
- Equality, diversity and inclusiveness