What Is the Genuine Vacancy Test?
The Genuine Vacancy Test is one of two core assessments UKVI applies when deciding a Sponsor Licence application (alongside the Genuine Organisation Test), and it is also applied when a Certificate of Sponsorship is assigned. It exists to stop sponsorship being used to manufacture a visa route for a specific individual, rather than to genuinely fill a business need.
What UKVI Checks
- Whether the role meets the required skill level and salary threshold for the visa route
- Whether the job description, duties and SOC code genuinely align with the organisation's core business activity
- Whether the salary and hours are consistent with market rates and the organisation's financial capacity
- Whether the role would exist and be recruited for regardless of the specific candidate
- Where the worker will perform duties at a third-party site, whether there's evidence of a genuine contract and the sponsor's day-to-day control over the role
Red Flags That Trigger Closer Scrutiny
- A job description that is vague, generic, or inconsistent with standard occupational classifications
- A role created shortly before or specifically to sponsor a named individual, with no wider recruitment history
- Salary or hours that don't match the going rate for the stated SOC code
- Duties that don't reflect the organisation's actual trading activity
- For project-based or consultancy roles, absence of client contracts or statements of work showing genuine deployment
How to Evidence a Genuine Vacancy
- Use a job description that maps clearly to an accurate SOC code and reflects duties the organisation genuinely needs performed
- Set salary at or above the correct minimum threshold and going rate for that occupation — not just above the general salary floor
- Where possible, show a recruitment history for the role, including any attempt to fill it from the domestic labour market
- For roles delivered at client sites, retain contracts or statements of work confirming the sponsor's control over the worker's day-to-day duties
Solicitor's Insight
The Genuine Vacancy Test is assessed both at the point of the initial licence application and every time a Certificate of Sponsorship is assigned — passing it once doesn't mean every future CoS is automatically accepted. We review role and salary evidence against current thresholds before each assignment, not just at the licence stage.
Frequently Asked Questions
Is the Genuine Vacancy Test only checked when I first apply for a licence?
No. It's also assessed each time a Certificate of Sponsorship is assigned, so ongoing evidence of genuine roles matters throughout the life of the licence, not just at the application stage.
Can I sponsor a role I created specifically for one candidate?
This is high-risk. UKVI looks for evidence the role would exist and be recruited for regardless of the specific individual — a role created solely around one candidate is likely to fail the test.
What if my job duties don't fit neatly into a standard SOC code?
Inconsistent or unclear alignment with standard occupational classifications is a common red flag — it's worth reviewing the description carefully with an adviser before applying.
Does salary alone satisfy the Genuine Vacancy Test?
No — meeting the minimum salary threshold is necessary but not sufficient. UKVI also looks at whether duties, hours and organisational need genuinely support the role.