Businesses sponsoring a variety of workers, including those applying for Skilled Worker and Global Business Mobility visas, should be aware of the new genuineness requirement the Home Office introduced recently.
From 7 August 2023, sponsoring organisations should ensure that the worker they are planning to sponsor can comply with the following requirements.
- They must genuinely intend and be able to do the role they are being sponsored for.
- They must not intend to take employment other than in the role for which they are being sponsored or as otherwise permitted by their conditions of stay.
While it has been the case for many years that any sponsored position had to be a genuine vacancy, in the absence of the previously mandated resident labour market test, there is now an increased focus on the applicant's ability to genuinely fill the role. This could result in Home Office caseworkers asking for additional information or evidence when considering applications, which could lead to an increase in processing times.
Originally published 29 August 2023
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