Genuine Vacancy Requirements for Sponsor Licence Employers

What is a genuine vacancy?

The genuine vacancy requirement applies at two points in the sponsorship process: when you apply for a sponsor licence (where the Home Office may assess whether the roles you intend to fill are real) and when you assign a Certificate of Sponsorship to a specific worker (where the Home Office may investigate whether the role is genuinely what the CoS describes).

This requirement exists to prevent the immigration system from being used to bypass the points-based system's skill and salary thresholds. A role that is genuine in every material respect. It exists, it is needed, the salary reflects the market rate, and the duties are as described, will not face difficulty. Problems arise when employers create or tailor roles around a specific individual rather than filling a genuine business need with the best available candidate.

The difference between deliberate and inadvertent non-compliance

Many genuine vacancy concerns that arise in practice are not deliberate. They arise from poor documentation of a real business need, or from roles that evolved materially after the Certificate of Sponsorship was assigned. The Home Office does not always distinguish between deliberate misrepresentation and poor documentation at the initial assessment stage. The refusal or compliance consequence can be the same. The practical implication is that documentation matters as much as intent.

How the Home Office assesses genuineness

There is no single test. The Home Office guidance sets out factors that caseworkers and compliance officers consider, and the assessment is holistic. The main factors are:

• Whether the role description matches the standard duties for that SOC code occupation
• Whether the salary reflects the market rate or is calibrated precisely to the minimum visa threshold
• Whether the organisation has a genuine operational need for the skills the role requires
• Whether the role appears to have been created specifically around the candidate's existing CV rather than a business need
• Whether the duties on the job description and CoS match what the worker actually does
• Whether there is evidence of how the vacancy arose and how the recruitment was conducted
• Whether the business structure and size are consistent with needing a person in this role

The assessment at application stage and the assessment at compliance stage ask the same underlying questions but with different consequences. At application, an adverse genuineness assessment results in refusal. At compliance, it may result in a suspension or revocation affecting an entire workforce of sponsored workers. The importance of getting documentation right from the outset applies to both.

Evidence employers need to demonstrate a genuine vacancy

The volume and detail of evidence required varies with the circumstances. For a well-documented role in an established organisation, limited additional evidence is needed. For a newer business, an unusual occupation, or a case where the Home Office has raised questions, specific and detailed evidence is required.

Core evidence for most vacancies

• Detailed job description. Written to describe the actual duties, day-to-day responsibilities, and required qualifications for this specific role in this specific business, not a generic template. The description should read like an internal briefing document, not a visa covering letter.
• Organisational chart. Showing where the role fits in the business hierarchy, what it reports to, and what teams or functions it interacts with. Even a simple diagram is more useful than a verbal description.
• Evidence of the business need. Documentation showing why this vacancy has arisen now, a growth plan, a new client contract, the departure of a previous post-holder, a new service line, or documented evidence of a skills gap that existing staff cannot fill.
• Recruitment evidence. A job advertisement, recruitment agency correspondence, shortlisting records, or a written account of how the search was conducted and how the candidate was identified.
• Selection rationale. Why this specific candidate was chosen, particularly where they were not selected through an openly competitive process.

Additional evidence for higher-scrutiny situations

• Signed client contracts or business projections demonstrating the financial basis for the role
• Sector salary benchmarking data confirming the offered salary reflects the market rate
• Previous employment records showing the business has employed staff in equivalent roles
• Board minutes or internal communications that predate the candidate's identification and document the decision to create the role
• Professional qualifications or industry accreditations relevant to the role that confirm its skill level

Red flags that attract Home Office scrutiny

Red flag	Why it attracts scrutiny	How to address it
Job description closely mirrors the candidate's CV	Suggests the role was tailored to the individual rather than defined by a business need	Write the job description from the business need first; describe what the business requires, not what the candidate already does
Salary at exactly the visa threshold	Suggests salary was set to meet the immigration requirement rather than to reflect market rate	Benchmark against sector norms; document your reasoning if the minimum genuinely reflects the market rate
Role not advertised	Makes it harder to demonstrate a genuine competitive selection process	Keep at minimum a written record of how the search was conducted and why this person was identified
Business has no precedent for this type of role	Questions whether the organisation genuinely requires this specialism	Document the new business need specifically; explain why no existing employee can fill the gap
Generic or template job description	Suggests the employer does not know what the role actually involves	Rewrite to describe specific duties, reporting lines, and qualifications required for this role
Sole director self-sponsoring in a micro-business	The genuineness of the employment relationship is harder to establish where the director controls both sides	Seek legal advice on structure before applying; governance measures can strengthen the position
Role changes significantly after CoS is assigned	Suggests the original CoS description was not accurate	Update the SMS promptly; take advice if the change is material, as a new CoS may be required

Practical examples, genuine and non-genuine scenarios

Example 1: Technology company, software engineer role

A growing UK technology firm wants to sponsor a software engineer from Nigeria for a new product development project. The company has existing engineers; this new role requires a specialist in a particular technology stack none of the current team holds. The salary is £55,000, above the going rate for the SOC code. There is a job description, an organisational chart, documentation of the project timeline, and evidence of the recruitment search. This is a straightforward case; genuine vacancy concerns are unlikely.

Example 2: Small business, operations manager

A business with six employees wants to sponsor an operations manager. The business has never had such a role before. The salary is £41,700, exactly the minimum threshold. The job description is mostly generic. The person being sponsored is a family member of the owner. The combination of no precedent, minimum salary, family connection, and a generic description will attract scrutiny. A business justification documenting why operational management is now needed, a specific job description, and evidence of the selection process would all strengthen the case significantly.

Example 3: Care home, senior carer roles

A registered care home wants to sponsor senior carers. The roles are under a recognised shortage occupation code. The care home is CQC-registered, has 30 existing employees in equivalent roles, has documented staffing ratios showing vacancies, and is paying the salary required by the going rate. This is a genuine vacancy situation. The care sector faces heightened scrutiny, but clear documentation means the genuine vacancy question is unlikely to be the issue. See our compliance audit guidance for how to prepare.

Example 4: Role drift after sponsorship

An employer sponsors a marketing manager. After eight months, the business restructures and the worker takes on a predominantly operational role. The employer does not update the SMS or issue a new CoS. On a compliance visit, the officer interviews the worker and finds the actual duties do not match the CoS description. The original vacancy was genuine; the current situation is not documented correctly. This is a compliance failure that arose after sponsorship, not at the point of application; it is entirely preventable.

Preventing refusal at application stage

Most genuineness-related refusals are preventable. Before applying or before assigning a Certificate of Sponsorship:

• Write the job description as if describing the role to a new employee, what they will actually do, day to day, in this specific business
• Check the salary against sector benchmarks, not just the visa threshold
• Document why this vacancy has arisen now, with reference to objective business evidence
• Keep a record of the recruitment process, even informal searches leave a trace that can be documented
• If the role is unusual for your sector or business size, write a brief explanation of the specific business rationale before applying

Genuineness concerns after a Certificate of Sponsorship is assigned

Genuine vacancy concerns do not only arise at the application stage. They can arise during a compliance visit when officers interview sponsored workers and find a discrepancy between the CoS description and the actual duties being performed. This is a compliance failure independent of whether the original role was genuine.

Preventing this type of concern requires two things: assigning the CoS with an accurate description of the actual duties in the first place, and updating the SMS promptly when the role changes materially. Employers who treat the CoS description as a one-off document rather than an ongoing accurate record of the employment create compliance risk that grows with every month the actual duties diverge from what is recorded.

Where a role has changed significantly, take legal advice on whether a new Certificate of Sponsorship is required. The cost of reassigning a CoS correctly is considerably less than the cost of a compliance action based on role discrepancy. See our application guide for full context on the application process.

Frequently asked questions

What is a genuine vacancy for sponsor licence purposes?

A genuine vacancy is a role that actually exists in the organisation, meets the visa route's skill and salary requirements, and reflects a real business need rather than a role created to enable a specific person to obtain a visa. The Home Office assesses genuineness at the application stage and during compliance reviews.

What evidence demonstrates a genuine vacancy?

Core evidence includes: a detailed job description based on actual duties; an organisational chart; documentation of how the vacancy arose; recruitment evidence; and a rationale for candidate selection. Higher-scrutiny cases may need business contracts, salary benchmarking, and board-level records predating the candidate's identification.

Can the Home Office refuse an application due to genuine vacancy concerns?

Yes. Genuine vacancy concerns are among the most common grounds for both initial licence refusal and suspension. The Home Office has broad discretion to request evidence and to refuse or take enforcement action if it is not satisfied.

What red flags make a vacancy look suspicious?

Common concerns include: a job description mirroring the candidate's CV; salary set at exactly the visa threshold; no evidence of advertising; the business having no precedent for the role; a generic job description; and a sole director self-sponsoring in a micro-business. None is automatically disqualifying but each increases scrutiny.

Does every sponsored role need to be advertised?

There is no absolute requirement to advertise every sponsored role. However, evidence of recruitment activity strengthens the genuineness case. A written record of how the search was conducted and why the candidate was selected is worth maintaining regardless of whether formal advertising took place.

What happens if the role changes after the CoS is assigned?

If the worker's actual duties diverge materially from the CoS description, this creates a compliance risk that can result in enforcement action during a visit. Update the SMS promptly when roles change; take legal advice if the change is material, as a new Certificate of Sponsorship may be required.