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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.
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.
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 governmentâ€™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.
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.
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.
If you need more help with the Genuine Vacancy Test or indeed any other immigration query then please get in touch. Our experienced immigration specialists 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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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.
Investing over 2 million pounds is defintely 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.
TI 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 wasnt 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 thier case, contact Reiss Edwards.
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.
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.
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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.
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.
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.
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.
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