As of this week, the Home Office have added a genuineness requirement to Immigration Rules with respect to the Skilled Worker, Scale-up Worker and Global Mobility Worker routes.
Previously, the Home Office’s guidance documents had included a genuineness requirement. Guidance stated that workers coming to the UK and their sponsors must ensure the employment is genuine. It was required that the organisation had a genuine vacancy within it and the worker was genuinely able, in terms of skills and experience, to undertake the employment.
Caseworkers were required to assess applications with the genuineness of the sponsorship in mind to ensure the immigration system was not abused through the creation of sham jobs, with the sole intention of assisting the individual to come to, or remain in, the UK.
By adding the genuineness requirement to the Immigration Rules, as opposed to being set out in guidance, this indicates that Skilled Workers, Global Mobility Workers and Scale-up Workers may have to actively demonstrate their genuine intention to undertake the role they are to be sponsored for, and that they have the ability to undertake the role.
Furthermore, workers shall also be required to demonstrate that they do not intend to undertake unpermitted additional employment, aside from those limited exceptions of supplementary employment.
The impact of the addition of the genuineness requirement to the Immigration Rules is not yet known, however workers may have to provide additional documentation with their applications to satisfy caseworkers that they are seeking genuine employment with their sponsor in the UK and that they are genuinely qualified to undertake that employment.
If you would like advice regarding sponsorship, please contact a member of our business immigration team.
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