When applying for a UK visa, you must prove that your intentions are genuine. This means that you need to show that you truly plan to come to the UK for the reason stated in your visa application. In this article, we’ll explain the genuineness requirement for UK visa applications, with a focus on Skilled Worker visas and how to meet the criteria.
What Does the Genuineness Requirement Mean?
The genuineness requirement means that UK visa applicants must intend to come to the UK for the purpose they claim in their application. This is an important part of many visa categories, including work visas, visitor visas, and spouse visas. The Home Office needs to be satisfied that both the job and the applicant are genuine.
Genuineness Requirement for the Skilled Worker Visa
When applying for a Skilled Worker visa, the Home Office needs to be convinced of two things:
- The job is genuine: The role you are being sponsored for must exist, be suitable for your skills, and meet all the criteria for a Skilled Worker visa.
- The applicant is genuine: You must have the skills, knowledge, and experience to perform the job you are being sponsored for, and you must intend to work in that role and not in another job.
The “Genuine Vacancy” Requirement
To meet the genuine vacancy requirement, the Home Office will check that:
- The job requires the specific duties listed in the job description.
- The job is suitable for the business and matches the company’s plans and structure.
- The job must be on the list of eligible Skilled Worker occupations.
If the Home Office believes that the job is fake or created only to get a visa, they will refuse the application.
The “Genuine Candidate” Requirement
A new rule introduced on 7th August 2023 requires Skilled Worker visa applicants to show that they are genuine candidates for the role. This means that:
- You must be capable of doing the job.
- You must genuinely want to do the role you are sponsored for.
- You cannot work in a different job unless allowed by your visa conditions.
When deciding if you meet this requirement, the Home Office will look at:
- Your experience and skills for the job.
- How well do you understand the role and the company?
- How you were recruited for the position?
- Any other relevant details?
If the Home Office is unsure about your application, they may ask for more information or evidence. You will need to provide this within 10 working days. They may even ask you to attend an interview.
If you do not respond to requests for more information, your visa application could be refused.
When Are Extra Checks Made?
Most applicants won’t need extra checks, but they may be required if:
- The company is issuing too many sponsorships for similar roles.
- The Home Office suspects the job or the application is not genuine.
- There are concerns about links to illegal activities such as terrorism or modern slavery.
Genuineness Requirements for Other Visas
Visitor Visa Genuineness Requirement
When applying for a visitor visa, you must show that:
- You intend to visit the UK for a specific activity, such as tourism, visiting family or friends, or business (e.g. attending an interview).
- You will leave the UK at the end of your visit.
- You have enough money to pay for your trip and onward journey.
Visitor visas cannot be used to:
- Live in the UK for long periods or repeatedly visit.
- Do paid or unpaid work.
- Marry or register a civil partnership (unless you have a special visa for this purpose).
Spouse Visa Genuineness Requirement
For a spouse visa, the Home Office will focus on whether the relationship is genuine. They want to be sure that:
- The relationship is genuine and subsisting (not just for the visa).
- The couple intends to live together in the UK.
To assess this, the Home Office will look at:
- Information is provided on the application form.
- Evidence of your relationship, such as photos, communication records, or joint financial documents.
- Any checks with third parties if needed.
The more strong evidence you provide, the better your chances of meeting the genuine relationship requirement.
Understanding the genuineness requirement is crucial for a successful UK visa application. If your visa is refused because the Home Office does not believe you meet this requirement, Law and Visas can help you understand the reason and advise you on the next steps. Depending on your situation, it may be possible to submit a new application, appeal the decision, or apply for a different type of visa.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the UK straightforward and successful. Whether you’re applying for a Business Visa or an Immigrant Investor Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas and permits they need for international travel. Call us today at +234 812 5505 986 to learn how we can assist you.
