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How To Pass The Genuine Vacancy Test For Tier 2 General Visa Applications

The Tier 2 General Visa is a fantastic option for both employers looking to expand their selection pool for vacancies, and also talented staff looking to migrate to the UK. An amendment in November of 2014 introduced the Genuine Vacancy Test to the application process for a Tier 2 General Visa. The test was introduced as something of a subjective test to ensure that those who were coming to the UK were actually skilled and just as importantly, required to fill a gap that cannot be filled domestically. In this article we are going to look at the Genuine Vacancy Test for the Tier 2 General Visa in more detail, and help to ensure that you not only understand the rules, but that you are also easily able to comply with them.

What Is The Genuine Vacancy Test?

The test consists of a Residential Labour Market Test (which is there to prove that you have advertised the job locally and cannot find a suitable applicant) and also other tests such as whether the role is a genuine vacancy. You may also need to prove that the non-EEA applicant that you choose is appropriately qualified for the role that is being offered, part of this is covered by the need to inform UKVI if the candidate requires any further qualifications to perform the role.

To satisfy the Residential Labour Market Test, you must advertise your vacancy on an approved platform for 28 days. If you get to the end of this process without finding a suitable applicant, you can then move on to looking to non-EEA migrants as an option to fill the role. To do this you must be a Tier 2 Sponsor Licence Holder. Being a Tier 2 Sponsor Licence Holder will allow you to produce a Certificate of Sponsorship (CoS) for an intended worker which in turn allows them to make an application to UKVI for a Tier 2 General Visa that will allow them to work in the UK for the period specified. This visa can be extended at the end of its initial period and can lead to the applicant being able to settle in the UK after living here for 5 years.

Why Do I Need To Prove That I Need A Non-EEA National For The Role?

The British government has placed a high value on lowering net migration. The current Conservative government has repeatedly promised to lower net migration to the UK to tens of thousands, to achieve this lofty aim they are looking to make visa routes such as the Tier 2 General Visa a much tougher proposition. With that in mind, most of the UK's visa routes have been toughened throughout the current government's tenure, and it's unlikely to get better in the near future.

With UK unemployment at low levels, it is surprising that the government have decided to focus quite so strongly on reducing net migration in skilled roles. With such subjective testing methods, it seems that the government have left a lot of room to be able to move the criteria around to suit. This uncertainty can be very unhelpful to both businesses and would-be migrants to the UK. Once Brexit is out of the way, the immigration long-term future will be markedly different to what it is now.

What Happens If The Home Office Decide That The Role Is Not Genuine?

Quite simply you will not be able to allocate the intended worker a Certificate of Sponsorship (CoS). This eventuality will be devastating to the application of the intended worker as they will then be rendered unable to make their application for a Tier 2 General Visa. In this instance, it may be worth getting in touch with our specialist immigration solicitors who can help to look at the reasons for the refusal and help you to avoid facing the problem again in the future.

It is often a case of amending the application for the intended worker if there appears to be a concern over the genuineness of the vacancy or the applicant. If you need any assistance with Certificates of Sponsorship (CoS) or any other immigration issue, call today and we will be happy to help.

Can I Appeal The Decision If The Home Office Decide That The Role Is Not Genuine?

Unfortunately there seems to be no ability to appeal the refusal by the Home Office to allow the Certificate of Sponsorship (CoS) to be allocated, in this instance, a new application will need to be made. Before making the new application, why not get in touch with our immigration specialists who may be able to offer you some useful practical guidance to avoiding another refusal? Our years of expertise could come in very useful when it comes to the process of making a new application for a Certificate of Sponsorship (CoS).

You must think carefully before making another application, you may be putting yourself and your business in jeopardy if you do not fix the concerns that the Home Office has about either the vacancy or applicant. With this in mind, call us today and let us guide you in the right direction - your Tier 2 Sponsor Licence is vital to your business, do not risk it.

Where Can I Get More Help With The Genuine Vacancy Test?

If you need more help with the Genuine Vacancy Test or indeed any other immigration query then please get in touch. Our experienced immigration solicitors can help with any and all UK immigration queries. We can help to bring a quick and effective resolution to your query and offer you advice and support every step of the way. So don't struggle in silence, get in touch today and let our immigration specialists help you to get the resolution that you need.

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ACQ5 Awards Award ACQ5 Awards Award
Lexis Nexis Lexis Nexis
Three Best Rated Three Best Rated
Department For International Development Department For International Development
University Of Cambridge University Of Cambridge
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O.L

Andy Tieu is absolutely amazing.

As a lawyer myself I can categorically say that he knows his stuff, gentle, responsive, cares about you and not just about the money, very professional.
I mean I can go on and on!

Andy and the entire team at Reiss Edwards are amazing!

Thanks again Andy.

Kiran Sardar


I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case.

The way they dealt with my case during COVID19 Situation is highly appreciable. I would definitely recommend Joe D. and Anna F. Anna is an amazing lady, her patience is beyond my words.

Her hard work and professionalism have no boundaries. She is the right person for all type of cases.

Thanks to Anna and Joe for all your support and guidance which helped me fulfill my dream.

I would say Reiss Edwards is lucky to have Joe D. and Anna F. Great job Reiss Edwards.

thanks once again. Anna you’re a Gem and a Star.

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was outstanding. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. Her expert advice guided us successfully through some difficult times as a result of COVID-19. Some of the best service I have received for any service ever! Often replying to emails late at night, offering to send additional correspondence to the home office and going above and beyond in handling our case! Well done and thank you Reiss Edwards and thank you Anna!!".

Isaac .T

"Professional service. I was very impressed with the fact that my ILR application was successful 6 weeks after the submission amidst the COVID-19 pandemic. I also think the portfolio put together by the team at Reiss Edwards has played a big part in the quick turnaround of my application".

Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee. I would heartily recommend them to anyone looking to secure a Visa and /or Visa renewal. I will use them again when mine needs to renew. Great value".

Majlinda Berisha

"The help, the professionalism, the kindness from this team is phenomenal. A massive thank you to Anna Foley.

I have had a really tough time with getting my husband’s visa. My last immigration lawyer made many mistakes that caused stress, disappointments and sadness.

I was weary about getting another lawyer as I thought I was going to go through the same experience but no, it turned out better than what I had hoped or even imagined.

What I received was: constant emails and calls updating me and asking if anything else is needed. If I called and they missed my phone call I would get a call back within 10 minutes. All of my documents were carefully checked and I would get a reply the next day if anything was missing or not correct. There were times that I was impatient and asked to just send the visa off, but was reminded that everything had to be perfect and correct before submitting the application. I was told about every option I had and discussed what the best would be. I was always spoke in a nice, calm, polite manner.

The overall intelligence of this team, especially Anna Foley for me, is outstanding. I am speechless. Anna done such an amazing job on my husband’s application that although we couldn’t apply for the fast service and was told to wait for 12 weeks, we got a reply within 5 weeks.

That alone shows what an amazing and talented team Reiss Edwards are. Thank you".

Christine .C

"I wholeheartedly recommend Reiss Edwards to anyone who is in search of immigration advice. I had the pleasure of speaking with Amar who has been very thorough in finding a solution to my enquiry, and followed up with additional information even after the consultation. I normally don't leave reviews, and this firm already has enough good reviews for me to need to my own anyways! However, in this instance, I do hope that my review can let anyone who reads it be aware that RE is a great choice, these people care enough to help you the best they can".

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"I had the chance to use Reiss Edwards services for my Tier 2 extension. Marija dealt with my case and I found her very professional and experienced in dealing with my application. The care and attention to detail was exceptional. I would definitely recommend Reiss Edwards!".

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"Knowledgeable, experienced, and relatable. Translated a complex process into steps that are easy to follow. Cruised to 3 successive wins on my Tier 1 graduate/entrepreneurship visa which allowed us to play our part in making the UK a better and healthier place!".

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"Thank you, Ms. Anna Foley! I am writing this with tears of joy.

As a family, we are all grateful to Anna Foley and her firm Reiss Edwards, for doing all the hard work and giving us the best support. Finally We found the best law firm".

Saira Lawson-Brown

"Highly professional organisation and really supportive solicitors. Ina Iteva the solicitor that was provided to us was a blessing in disguise, as our first solicitor was let go off due to pandemic. She was so supportive and understanding throughout the process, and my husband spouse visa was granted due to their effort and attention to detail. We constantly try to keep in touch with her and consider her as more of a friend now than a solicitor. Sure, to bother her and the firm more in the future".

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"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team".

Deepak Chartbhurjh

"This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again. I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle".

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"I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them".

Top Notch Immigration Service

"Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them".

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"I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation".

Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly".

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"I have just had British Citizenship application approved. Prior to making the application, I was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that I wasn't disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle their case, contact Reiss Edwards".

Fong Li

"Investing over 2 million pounds is definitely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind".

Nancy Jacquard

"It's a shame that you don't have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards".

Florence Giwa

"I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards".

Salisu Ibrahim

"Fantastic Solicitors!!! My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them".

Amir Sandeep

"The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help".

Reiss Edwards Reviews

O.L

"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...

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Kiran Sardar

"I found Joe very helpful and tremendous patience which is a must in this profes...

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Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

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Isaac .T

"Professional service. I was very impressed with the fact that my ILR applicatio...

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Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee...

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Majlinda Berisha

"The help, the professionalism, the kindness from this team is phenomenal. A mas...

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Christine .C

"I wholeheartedly recommend Reiss Edwards to anyone who is in search of immigrat...

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Zohaib Butt

"I had the chance to use Reiss Edwards services for my Tier 2 extension. Marija ...

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Quintus Liu

"Knowledgeable, experienced, and relatable. Translated a complex process into st...

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Khasan Vosijonov

"Thank you, Ms. Anna Foley! I am writing this with tears of joy. As a family, we...

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Saira Lawson-Brown

"Highly professional organisation and really supportive solicitors. Ina Iteva th...

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Nora Nkechi

"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recomme...

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Deepak Chartbhurjh

"This is the only firm that i spoke with that didn't ask for money before listen...

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Hakeem Salam

"I used Reiss Edwards immigration lawyers to assist with my immigration matter a...

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"Reiss Edwards is a top notch immigration service company. The way they handled ...

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Mo Hussein

"I have been using Reiss Edwards for three years now for my family's immigration...

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Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They ac...

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Richard Stone

"I have just had British Citizenship application approved. Prior to making the a...

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Fong Li

"Investing over 2 million pounds is defintely not a routine decision. We had to ...

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Nancy Jacquard

"It's a shame that you don't have an 'Excellent' star rating on here, as my expe...

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Florence Giwa

"I am glad that i instructed Reiss Edwards on my visa matter. It started with a ...

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"Fantastic Solicitors!!! My wife's spouse visa extension application was refused...

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"The team of lawyers at Reiss Edwards are very professional and friendly people....

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