Since many applicants are confused about the Tier 2 Visa Application Assessment Procedure, especially whether an interview is required during the assessment process. Therefore, this post relates to Genuineness Test Tier 2 Visa UK and explains the details of why additional documents and interview may be required for assessing a Tier 2 Visa Application, how a Tier 2 Genuineness Test is conducted and what is required to be established for the grant of a Tier 2 Visa.
Are there always Interviews for Tier 2 UK Visas?
Calling for an interview is an executive prerogative of the Immigration Officer, usually an ECO, for any type of visa application if the Entry Clearance Officer is not able to decide an application on the documentary evidence submitted with the application. And one needs to attend the interview, failing to do without a cogent reason attracts a Refusal under Paragraph 320(7D) of the Immigration Rules and Paragraph V 3.12(b)(i) of Appendix V for a visitor visa application.
So, it is up to the ECO to decide a Tier 2 Application either on Paper or on Interview. The interview usually lasts for 15–30 mins, in some cases it may exceed up-to 45 mins. It is conducted to assess the genuineness of the application.
Genuineness Test Tier 2 Visa Applications
From 1 October 2013, the Immigration Rules incorporates a Tier 2 Genuineness Test for tackling abuse of this Points Based System (PBS) route.
Tier 2 Visa Application: What is Required to be Satisfied?
When an applicant applies for an entry clearance, leave to enter/remain Tier 2 Visa Application then it is required to be satisfied that:
- the applicant genuinely intends to undertake the task for which the certificate of sponsorship (CoS) is issued/assigned;
- the applicant is capable of undertaking the task for which the CoS is issued;
- the applicant will not undertake any other employment in the United Kingdom other than the entry clearance, leave to enter /remain permission granted to the applicant.
Additional Information and Interview May Be Required
Apart from the evidence submitted with the Tier 2 Application, further information can be solicited from the Applicant during the assessment process for establishing the bonafide on balance of probabilities. Accordingly, the assessment officer can direct the applicant to:
- provide additional information and evidence, which an applicant is required to furnish to the Home Office/BHC within 28 working days from the date the letter is posted. In case if an applicant is not able to provide the information the application is refused;
- attend an interview- if an applicant fails to attend the interview without giving a reasonable explanation then the application is refused under Paragraph 320(7D) of the Immigration Rules.
320. In addition to the grounds of refusal of entry clearance or leave to enter set out in Parts 2-8 of these Rules, and subject to paragraph 321 below, the following grounds for the refusal of entry clearance or leave to enter apply:
(7D) failure, without providing a reasonable explanation, to comply with a request made on behalf of the Entry Clearance Officer to attend for interview.
What Genuineness Test Tier 2 Assesses?
The Genuineness Test Tier 2 takes into account the following aspects:
- applicant’s knowledge of the role in the UK as a Tier 2 Worker;
- relevant experience of the applicant relative to skills required to do the job in the UK;
- applicant’s knowledge of the sponsor in the United Kingdom;
- explanation of how the applicant was recruited;
- any other relevant information.
Accordingly, UK Visa Interview Questions for Tier 2 Visa (erroneously aka Work Permit) are usually:
- What are the details of the Job that the applicant is going to do in the UK?
- Can you explain your role as a Tier 2 Worker in the UK?
- What you will do for the employer?
- Is the applicant doing similar work in his home country?
- How the applicant has come to know about the job opening?
- When the applicant submitted the CV to the UK Employer and who interviewed him/her for the job?
- How the applicant came to know about the employer?
- For how long the applicant knows about the UK Employer?
- Is there any family or social connection between the employer and the applicant?
Genuineness Test Tier 2 and Minister of Religion Applications
Genuineness Test for assessing/refusing Tier 2 Minister of Religion Applications is usually not conducted if:
- the sponsor is assigning unusually large numbers of Certificate of Sponsorship (CoS) for ministers of religion relative to its size or for the type of the role/work;
- there are reasonable grounds to believe the applicant will not be working in the job described on the Certificate of Sponsorship (CoS);
- the job description on the CoS indicates the applicant will be mainly undertaking non-pastoral duties, which could be done under Tier 2 (General);
- intelligence suggests applicants are linked to extremism, terrorism or trafficking.