Understanding the ‘Genuine Position’ Test for Sponsored Jobs

If Are You Looking For Looking For a Jobs For a Understanding the ‘Genuine Position’ Test for Sponsored Jobs In today’s global job to the  market, securing in a sponsored to in the role under to the Skilled from the  Worker Visa to the program is in a significant from the opportunity for the many are the professionals. However, both to the an employers and the an applicants often to the stumble upon a key from the compliance to in the hurdle — the ‘Genuine Position’ Test.

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What Is the ‘Genuine Position’ Test Understanding the ‘Genuine Position’ Test for Sponsored Jobs?

The ‘Genuine Position’ Test is a government-mandated assessment (applied in the UK, US, and Australia) that verifies whether a job offered to a sponsored worker is legitimate, necessary, and aligned with actual business needs.

Key Objectives of the Test Understanding the ‘Genuine Position’ Test for Sponsored Jobs

• Prevent fake or exaggerated job offers.

• Ensure the job role aligns with the company’s operations.

• Verify that no local worker could reasonably fill the position.

• Maintain integrity in Skilled Worker Sponsorship programs.

Example:
A UK construction firm sponsoring a civil engineer must prove that the position is real, requires specialized skills, and matches the company’s active projects.

How the Genuine Position

Understanding the ‘Genuine Position’ Test for Sponsored Jobs

The construction sector is one of the most scrutinized industries for sponsorship due to high demand for skilled labor and frequent compliance issues.

1. Employer Responsibility Understanding the ‘Genuine Position’ Test for Sponsored Jobs

Employers must:

• Demonstrate that the sponsored role (e.g., structural engineer, site supervisor) is essential.

• Provide accurate job descriptions, project details, and proof of workload.

• Avoid inflating job titles or salary levels to meet visa requirements.

2. Evidence Required

Supporting documentation includes:

• Project contracts and tender documents.

• Payroll records showing similar roles exist.

• Proof of genuine recruitment efforts for local workers.

3. Compliance Audits Understanding the ‘Genuine Position’ Test for Sponsored Jobs

Government audits often examine whether the employer’s sponsorship aligns with operational reality. Non-compliance can lead to license suspension or heavy fines.

Common Reasons for Failing the Understanding the ‘Genuine Position’ Test for Sponsored Jobs

Employers can fail the test for several reasons, including:

• Offering roles that don’t exist or are exaggerated.

• Submitting incomplete or misleading job descriptions.

• Sponsoring roles that don’t require the claimed level of skill or experience.

• Failing to demonstrate genuine recruitment efforts in the local labor market.

Best Practices to Pass the Genuine Position Test

Follow these proven strategies to ensure compliance and successful sponsorship:

1. Define the Role Clearly

Use official occupation codes and specify responsibilities, required qualifications, and reporting lines.

2. Provide Data-Backed Justifications

Support your case with:

• Project-based needs (e.g., new housing developments).

• Labor market data showing shortages in construction skills.

• LinkedIn

3. Maintain Transparent Recruitment Records

Document advertising, candidate shortlisting, and interview outcomes.

4. Keep Sponsorship Records Updated

Any role changes or promotions must be reported promptly to immigration authorities.

5. Conduct Internal Compliance Checks

Regularly review sponsored positions to ensure they remain “genuine” and aligned with operational requirements.

How Employers in Construction Can Strengthen Compliance

Construction companies can strengthen their credibility by:

• Assigning a Dedicated Sponsorship Compliance Officer.

• Investing in HR software that tracks visa timelines and documentation.

• Participating in immigration compliance training sessions.

These steps not only help meet the Genuine Position Test standards but also foster long-term access to international construction talent.

Real-World Example

Case Study: UK Construction Firm (2024)
A mid-sized UK construction company applied to sponsor a Quantity Surveyor. The Home Office requested proof of project demand. By submitting ongoing project contracts, job postings, and performance reports, the employer passed the test successfully — setting a benchmark for compliance excellence.

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FAQs: Understanding the ‘Genuine Position’ Test for Sponsored Jobs

1. What does the Genuine Position Test evaluate?

It checks whether a sponsored role is real, necessary, and matches the sponsor’s operational needs.

2. How can construction companies prepare for the test?

By maintaining accurate records, hiring only when a real vacancy exists, and providing solid project documentation.

3. What happens if a company fails the test?

It can lose its sponsorship license and face financial penalties or restrictions on hiring foreign workers.