How can you prove your vacancy is genuine and that the person filling it is right for the role?

Sponsors looking to recruit staff through the Skilled Worker visa route must ensure that the vacancy being offered is genuine. They must also be able to demonstrate that the individual being sponsored has the necessary skills, experience, and capability to carry out the role.

How can I prove my vacancy is genuine and qualifies for the Skilled Worker Visa Route?

To demonstrate why you have expanded your search beyond the local workforce, it is important to show what attempts were made to recruit locally. One of the clearest ways to evidence this is by advertising the role and keeping a proper record of the recruitment process.

Although the Resident Labour Market Test (RLMT) is no longer a formal requirement, the Home Office may still ask to see evidence of the steps taken to recruit locally. More importantly, sponsors must be able to show that the role has not been created specifically for a particular individual.

The Home Office Skilled Worker caseworker guidance highlights the key requirements under the Skilled Worker route that are needed to satisfy the “genuine vacancy” requirement. As a caseworker may raise concerns where they believe that the role:

• does not exist;
• is a sham, for example, where the job exists but the applicant will not actually be carrying it out; or
• has been created with the sole intention that the applicant can use it to apply for immigration purposes.

The Home Office may also further assess whether job roles have been exaggerated to meet the requirements of the Skilled Worker route and may carry out verification checks. If audited, sponsors should be able to demonstrate why the selected individual is suitable for the role and how their skills and experience match the duties of the position.

Proving that the person you have offered the role to is suitable

There are several ways to show that the person selected for sponsorship is suitable for the role. This assessment should be based on their skills, qualifications, experience, and ability to perform the duties required.

The aforementioned Home Office guidance in particular SK13.13 and S7.20 refer to the genuine intention requirement, which requires that the worker must:

• genuinely intend, and be able, to do the role for which they are being sponsored; and
• not intend to take employment other than in the role for which they are being sponsored, except where otherwise permitted under their conditions of stay.

If asked for evidence, sponsors should be able to provide documents such as:

• verified reference checks;
• the relevant qualifications;
• evidence that the vacancy was advertised and that the candidate applied for the role;
• interview notes;
• assessment records;
• evidence of a trial shift, where applicable; and
• any other documents showing that the candidate has the required skills and experience for the position.

How Vira International can help

Once you have identified or we help you identify a suitable candidate Vira International’s experienced team of qualified and regulated consultants can guide sponsors through the documentation and compliance requirements involved in the recruitment process. In addition to which we have a dedicated background verification team that can contact the candidate, verify previous employment references, and provide a structured verification report.

In the event of a Home Office audit, this background verification report can assist sponsors in demonstrating that proper checks were carried out and that the individual satisfies the genuine intention requirement. It also helps show that the business takes its sponsor duties seriously and is committed to hiring the right person for the role.

For further assistance, please contact us at UKTeam@vira.co.uk.