A genuine vacancy is when the
- individual performs the specific duties and responsibilities listed on the CoS
- role does not include dissimilar or predominately lower skilled duties
- role is appropriate to the Universities scope and plan
The Home Office details that a role could not be considered genuine if
- duties in the job description have been exaggerated or incorrectly listed in order to make the role look like it is eligible for sponsorship
- the job adverts have requirements that are inappropriate for the job, for example a language skill which is not relevant
- the job has been primarily created to enable an overseas worker to come the UK.
Recruitment information
As the Tier 2 advertising requirements no longer apply, printouts of adverts and copies of recruitment documents are no longer required with a Skilled Worker CoS application. Home Office guidance does makes clear, however, that some information about the recruitment to the role must be retained. Our 'Skilled Worker initial CoS' application form, found on our ‘Forms and guidance’ page, lays out the required recruitment information. In the event of a Home Office audit we will rely on some of the vacancy information held in CoreHR for University roles. Departments/ faculty should ensure the normal steps are taken to update and close vacancies.
Job Description
It is important that the job description accurately reflects the requirements of the role, and that the applicant's qualifications, skills and experience meet the selection criteria detailed in the job description.
Qualification
It is not possible to sponsor an applicant who does not hold the qualifications required as described in the job description, as they would not be considered to be suitably qualified to take up the role.
To ensure consistency and compliance, four clearly defined options are provided below for listing the qualifications required for any role, along with the evidence that must be submitted to the Staff Immigration team with a Skilled Worker CoS application.
| Qualification required | Evidence which must be submitted with the CoS application | |
| ‘Hold a PhD/ DPhil in…’ |
EITHER a copy of the PhD/DPhil award certificate OR an academic reference confirming the qualification has been awarded. PLEASE NOTE: if 'post qualification experience' is also listed it will not be possible to sponsor someone who has just finished their PhD/DPhil/doctorate. |
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| ‘Hold, or be close to completion of, a PhD/DPhil in…’ |
EITHER a copy of the PhD/ DPhil award certificate; OR an academic reference confirming qualification has been awarded; OR an academic reference confirming the thesis has been submitted, if they have not yet completed. |
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| ‘Hold a Bachelor’s Degree (or Master’s) in…’ as essential with ‘Hold a PhD/DPhil in…’ as desirable |
EITHER a copy of the Degree (or Masters) award certificate; OR an academic reference confirming Degree (or Masters) has been awarded. |
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‘Hold a PhD/DPhil in…’ with the possibility to underfill if they instead ‘Hold a Bachelor’s Degree (or Master’s) in…’
Standard underfill wording: Whilst the role is a grade Y (£- £ p.a.) position, we would be willing to consider candidates with potential but less experience who are seeking a development opportunity, for which an initial appointment would be at grade X (£- £ p.a.) with the responsibilities adjusted accordingly. This would be discussed with applicants at interview/appointment where appropriate. |
EITHER a copy of the award certificate; OR an academic reference confirming qualification has been awarded.
Those with the substantive qualification would be appointed on substantive grade. Those with the lower qualification would be appointed one grade lower, with a specific adjustment of duties and development plan setting clear milestones which must be met (including award of a PhD/DPhil, if applicable) before promotion to the substantive grade, normally within one year.
Changes in job title & salary etc. on promotion to the substantive grade must then be reported to SIT.
Please refer to Personnel guidance on Underfilling of posts for more information: |
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Comment on ‘equivalent experience’ If including ‘or equivalent experience’, options of what might be accepted as equivalent should be discussed/ explored when drafting the adverts and job description. Where a Skilled Worker applicant is seeking to rely on ‘equivalent experience’ in lieu of a qualification, references (normally from their current employer) would be required which specifically detailed the applicant’s research (or other activities) and explained how these are considered equivalent to the qualification in question.
Research towards an, as yet incomplete, Masters or PhD/DPhil cannot be relied on as equivalent to holding these qualifications. |
The SIT guide for recommended qualification wording provides a printable summary of this information.
