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Global Mobility/Skilled Worker Genuineness requirement

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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homeshopuk
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Posts: 1
Joined: Mon Jul 24, 2023 2:34 pm
United Kingdom

Global Mobility/Skilled Worker Genuineness requirement

Post by homeshopuk » Mon Jul 24, 2023 2:51 pm

Hello,

Recently, a Genuineness requirement has been added for Global Mobility/Skilled worker.

"Genuinely intend, and be able, to undertake the role for which they are being sponsored."

The Employee/Employer needs to proove this Genuineness. However, there is no guidance on what documentation to provide.

This requirement was already present on other visa categories, so is there any knowledge on what documentation might be suitable.

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Frontier Mole
Respected Guru
Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Global Mobility/Skilled Worker Genuineness requirement

Post by Frontier Mole » Wed Jul 26, 2023 11:11 pm

There are no prescribed documents stated nor is there an objective set of tests to demonstrate genuineness. It will no doubt be tested in the courts once the Home Office refuses to grant a sponsor license or refuses a visa to an applicant.

There are many examples where there is either no intention to offer actual employment or where the job is solely constructed to allow a migrant worker to enter or remain in the U.K.

In previous historic guidance there has been attempts to enact similar conditions with varying success. I believe the intention is to allow the Home Office to act against non genuine vacancies in a more timely and robust manner.

Two routes seem to being used to gain entry or leave to remain, post graduate masters students and the care sector. The recent changes to switching from the student route to skilled worker has lessened the opportunity to “study” for remarkably small periods of time before switching.

The care sector is awash with migrant carers that have been recruited with little or no experience and in many cases into roles that just don’t exist. Many are paying large amounts as “admin fees” for their COS, some believing that is normal and required while other know exactly what they are buying….

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