The Home Office recently announced an update to the Skilled Worker visa requirements. From 7 August 2023, Skilled Worker applicants will need to meet the new “genuineness" requirement. Let’s explore what this change means in practice.
What is the new Genuineness requirement?
As part of a Skilled Worker application, the applicants will need to prove that they:
Genuinely intend to undertake the role for which they are being sponsored;
They are capable of undertaking the role
They do not intend to undertake employment other than in the role for which they are being sponsored (there are some exemptions)
How will the Home Office assess this in practice?
The Home Office may ask for additional information or may request that the applicants attend an interview in order to be satisfied that the genuineness requirement has been met.
During this assessment, the Home Office may take into account the applicants’ knowledge of the role, relevant experience and skills, knowledge of the sponsor in the UK and how they were recruited.
Failure to provide the information or attend the interview might lead to the refusal of the application.
Will all applications be scrutinised further?
The Home Office guidance states that caseworkers will not usually need to undertake further checks to establish that these requirements are met. This should only be done if, among other things, the caseworker has concerns that the employer is assigning unusually large numbers of Certificates of Sponsorship for the same type of role, there are reasonable grounds to suspect the applicants will not be working in the role, or there are other concerning factors.
It may be worth submitting additional supporting documents to satisfy the genuineness requirement as part of new Skilled Worker visa applications to avoid any delays or issues. The relevant additional documents might include a CV, university diplomas, professional references or letters of recommendations. It is important to note that the Skilled Worker route is one of the most viable options for many skilled workers wishing to relocate to the UK, and the requirements might become stricter with time. Make sure to visit our blog section to stay updated on the most recent changes to the immigration rules.