On August 7, 2023, the UK government introduced a significant change to the Skilled Worker Visa category by adding a “genuineness test.” This new requirement ensures that applicants genuinely intend to undertake the job they are being sponsored for, which is part of the Home Office’s ongoing efforts to curb visa abuse and ensure that only qualified individuals are entering the UK workforce.

What is the Genuineness Test?

• The genuineness test is designed to assess whether applicants are genuinely qualified and suitable for the role they are being sponsored for under the Skilled Worker Visa. This test will also apply to other work routes such as the Scale-Up and Global Business Mobility visas. Specifically, the test evaluates the following:

1. Intent to Fulfil Role: The applicant must demonstrate that they genuinely intend to perform the job they are being sponsored for. The applicant must not seek employment in another role unless it is explicitly allowed.
2. Ability to Perform the Job: This part of the test ensures that applicants have the necessary skills, qualifications, and experience to perform their sponsored role.

Why Was the Test Introduced?

• The introduction of the genuineness test stems from concerns over the abuse of certain visa categories in the past, particularly the Tier 1 Entrepreneur Visa, which was abolished due to high levels of fraudulent applications. The Home Office is now taking preventive measures to ensure the Skilled Worker Visa and other related categories do not face similar exploitation.

Implications for Employers

• Employers should also be aware that if an applicant fails the genuineness test, their Skilled Worker Visa application could be refused. The Home Office may ask for additional information or evidence to support the employer’s case, and failure to provide this may result in the rejection of the application.

To avoid this, it is recommended that employers ensure the following:

• The job vacancy is genuine and necessary for the business.
• The job description and salary meet the requirements outlined in the UK immigration rules.
• Thorough recruitment records are kept, including interview notes, job advertisements, and reasons for hiring the specific candidate.
• Employers also need to ensure that their HR practices comply with the new rules to avoid any penalties or the revocation of their Sponsor Licence. Failing to meet the requirements could result in delays, financial penalties, and even the loss of the ability to sponsor future skilled workers.

What This Means for Applicants

• For Skilled Worker Visa applicants, the introduction of the genuineness test means they must be thoroughly prepared to prove that they are qualified for the job they are applying for and that they intend to work in that role upon arrival in the UK.

Applicants should ensure that they:

• Provide clear evidence of their skills and qualifications.
• Have a comprehensive understanding of the job they are applying for, including its responsibilities and expectations.
• Are ready to provide additional evidence or attend interviews if requested by the Home Office.
• It is crucial for applicants to work closely with their employers to ensure that all the necessary documentation and evidence are provided during the visa application process. The genuineness test adds another layer of scrutiny to the Skilled Worker Visa application, making it more important than ever for applicants to demonstrate their qualifications and intentions clearly.

How the Genuineness Test Compares to Previous Visa Requirements

• While the genuineness test is new for the Skilled Worker Visa, it is not an entirely new concept in the UK immigration system. A similar test was applied to the now-defunct Tier 1 Entrepreneur Visa, which was heavily scrutinized for misuse. The introduction of the genuineness test for Skilled Workers aims to prevent similar abuses and maintain the integrity of the UK’s immigration system.
• The test represents the Home Office’s commitment to ensuring that only qualified, genuine candidates are granted entry to the UK job market. While it does add an extra step to the application process, the test ultimately aims to protect both employers and employees by ensuring that jobs go to individuals who are capable and willing to fulfil their roles.

Conclusion

• The introduction of the genuineness test for the Skilled Worker Visa is a significant development in the UK immigration landscape. It adds an extra layer of protection against visa abuse while ensuring that only genuine applicants are granted visas. Employers must be diligent in their recruitment processes, and applicants must be prepared to demonstrate their qualifications and intentions clearly. By staying informed and compliant with the new rules, both employers and applicants can navigate this change smoothly and successfully.