Navigating “Genuine Vacancy” Rules In Skilled Worker Applications: A Practical Guide

A successful application for permission as a Skilled Worker must satisfy the “genuine vacancy” requirement among several others. Having a CoS issued by your employer does not mean the requirement has been considered or satisfied and nor does having a contract of employment or other proof the company wishes to engage your services.

Home Office guidance states an application will be refused if the vacancy does not exist, is a sham – the job is real but the worker won’t be doing it – or where the role has been created mainly to facilitate the application.

The first two don’t need much discussion as they are relevant only to dishonest applications. If a job doesn’t exist or the applicant won’t be doing it then that’s that. The application should be refused.