Genuineness Test Tier 2 visa to ascertain intentions & capability

Genuineness Test Tier 2 Visa UK to tackle abuse of the PBS routeThis post relates to genuineness test Tier 2 visa UK for entry clearance or leave to remain application to tackle abuse of the PBS route. Certainly, an applicant needs to satisfy the genuine intentions and capability of doing work as per the job description and specifications in the assigned Certificate of Sponsorship (Cos). Perhaps, this also means that the Tier 2 migrant will not undertake employment in the UK other than permitted by the entry clearance or leave to remain grant. Accordingly, the post tries to explain: how a Tier 2 Genuineness Test is conducted and what is required to be established for the grant of a Tier 2 Visa. And also why additional documents and interview may be required for assessing a Tier 2 Visa Application.

Genuineness Test Tier 2 Visa UK to tackle abuse of the PBS route

From 1 October 2013, the Immigration Rules incorporates a Tier 2 Genuineness Test for tackling abuse of this Points Based System (PBS) route. Accordingly, for entry clearance, leave to enter or remain Tier 2 Visa Application an applicant needs to satisfy that he/she:

  • genuinely intends to undertake the task for which the certificate of sponsorship (CoS) is issued/assigned;
  • is capable of undertaking the task for which the CoS is issued;
  • will not undertake any other employment in the United Kingdom other than the entry clearance, leave to enter /remain permission granted to the applicant.

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 relating to the 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.

Genuineness Test Tier 2: Additional Information and Interview

Apart from the evidence submitted with the Tier 2 Application, during the assessment process, a caseworker may ask for further information. Perhaps, to ascertain the bonafide of an applicant on balance of probabilities. Accordingly, the casework or immigration may direct a Tier 2 applicant to:

  • provide additional information and evidence, which an applicant is required to furnish to the Home Office/BHC within 10 business/working days from the date of the request. 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.

Application Refusal without Conducting a Genuineness Test Tier 2

Apparently, in the case of Tier 2 Minister of Religion applications, a refusal without any need of conducting a Genuineness Test is a possible outcome if:

  1. 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
  2. there are reasonable grounds to believe the applicant will not be working in the job described on the Certificate of Sponsorship (CoS)
  3. the job description on the CoS indicates the applicant will be mainly undertaking non-pastoral duties, which could be done under Tier 2 (General)
  4. intelligence suggests applicants are linked to extremism, terrorism or trafficking

Tier 2 Genuineness Test: Paper vs. Interview

Since many applicants are confused about the Tier 2 Visa Application Assessment Procedure, especially whether an interview is required during the assessment process or not. Therefore, it is added that 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. So, it is up to the ECO to decide a Tier 2 Application either on Paper or on Interview. 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.

UK Tier 2 Interview Questions and Genuineness Test

The interview usually lasts for 15–30 mins, in some cases it may exceed up-to 45 mins. However, the purpose of the interview is to assess the genuineness of the application. Accordingly, UK Tier 2 interview questions may relate to:

  • What are the details of the Job that you (the applicant) are 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?
  • Are you doing similar work in the home country?
  • How you have come to know about the job opening?
  • When did you send the CV to the UK Employer?
  • When you came to know that you were shortlisted? And also when you were interviewed and who interviewed you for the job?
  • How you came to know about the UK employer?
  • For how long you know the UK Employer?
  • Are there any family and social connections with the employer?

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