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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