Last month, we wrote about the new ‘genuine vacancy’ test which UK Visas & Immigration (UKVI) has been applying to Tier 2 applications since 6 November 2014.
Following the introduction of this test, advertising appears to be the area in which UKVI is most likely to scrutinise genuineness.
We have seen an increase in requests from UKVI to provide copies of advertisements and detailed explanations as to why a particular sponsor requires someone to fill a particular role in the UK. These requests are typically being made after sponsors submit a restricted Certificate of Sponsorship (CoS) request. Therefore, satisfactory information needs to be provided to UKVI before a restricted CoS is granted.
UKVI is also often asking sponsors for details on how many people applied for the role and why they were, or were not, suitable for the role on offer. Until recently, this type of information was often not requested unless a sponsor was visited by UKVI as part of an audit.
UKVI is also looking into organisations and their organisational structures to determine whether or not, in its opinion, the role on offer is required for the size and/ or type sponsor.
As information requested by UKVI must usually be provided within a very short period of time we recommend that such information should be collated in advance in order to avoid potential delays.